ADU rules in Montgomery County, TX — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Montgomery County has no zoning authority and therefore no ADU ordinance for unincorporated areas. ADUs on private property require a development permit as structures. Subdivision deed restrictions may prohibit additional dwelling units on single-family lots.
Because Montgomery County cannot zone land in unincorporated areas, no ADU-specific rules or restrictions exist at the county level. Any structure with a roof and at least one wall requires a development permit from Montgomery County Environmental Health. ADUs in the floodplain require floodplain review. Health department approval for septic/wastewater may also be required. Subdivision deed restrictions frequently prohibit secondary dwelling structures on single-family lots; check HOA governing documents before construction. Texas LGC does not restrict counties from permitting ADU construction on properties they regulate.
Unpermitted ADU: standard building code enforcement. May require demolition or legalization. Occupying unpermitted dwelling: code violation.
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See how Montgomery County's adu rules rules stack up against other locations.
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