ADU rules in Midland County, TX — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Midland County does NOT have zoning authority over ADUs in unincorporated rural areas. Texas Local Government Code Chapter 233 limits county building authority to specific safety, flood, and subdivision matters; counties cannot impose general residential zoning. Practical limits in unincorporated Midland County come from on-site septic capacity, the County Subdivision Regulations enforced by Public Works (432-742-7777), and the City of Midland's ADU rules if the parcel sits inside city limits or its ETJ.
Texas counties lack general zoning authority. Under Texas Local Government Code Chapter 233, Midland County may regulate flood-damage prevention, fire-code minimum standards in defined areas, and subdivision platting, but cannot prohibit or specifically permit a homeowner from adding a second dwelling unit on a legally-platted parcel in the unincorporated county. The County's Subdivision Regulations (administered by Public Works at the Midland County Courthouse, 500 N Loraine Street, 432-742-7777) require platting before division of land but do not address ADU size, owner-occupancy, or unit count on a single platted lot. On-site sewage facility (OSSF) capacity is reviewed under Texas Health & Safety Code Chapter 366 and 30 TAC Chapter 285, which is often the practical limit on adding a second dwelling on a rural Permian Basin lot served only by septic. If the parcel falls inside the City of Midland's city limits or extraterritorial jurisdiction, the City's Zoning Ordinance and Residential Code (codified at eCode360 Chapters 16 and 4-1) apply instead. Texas state-level ADU preemption legislation (e.g., proposals carried as Senate Bill 673 in the 89th Legislature) has not been enacted into general statewide preemption.
No county-level penalty for adding an ADU on an existing platted parcel, but creating a new lot without a plat where required violates the Subdivision Regulations and Texas Local Government Code Chapter 232 — civil enforcement and refusal of utility connections are available remedies. OSSF non-compliance is enforced under Texas Health & Safety Code Chapter 366 and 30 TAC Chapter 285, with penalties up to $1,000 per day. Inside City of Midland limits, City zoning enforcement applies.
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