5 county-level rules, plus city-specific rules for 4 cities in Hidalgo County, Texas.
Verified from official government sources
Texas counties cannot zone, so unincorporated Hidalgo County has no ADU or second-dwelling zoning ordinance. What does apply to a new accessory dwelling is a septic (OSSF) permit, a floodplain development permit, and subdivision platting through the county Planning Department.
Texas Health & Safety Code Sec. 366.051(a) (Required Permit)
A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system.
Texas counties cannot zone, so unincorporated Hidalgo County has no shed size, height, or setback ordinance. A simple storage shed with no plumbing needs no county building permit, but the county Planning Department still requires a development permit for any structure and a floodplain permit in mapped flood zones.
Hidalgo County Planning Dept., Ch. 232 LGC Application (Rev. 6-14-22)
Applicant acknowledges that a development permit is required for the construction of any structure prior to the commencement of improvements and the application fee shall be doubled for construction commencing prior to obtaining an approved application.
Texas counties cannot zone, so unincorporated Hidalgo County has no garage-conversion ordinance and issues no building permit for interior work. But converting a garage into living space that adds bedrooms increases septic load, so an OSSF (septic) permit review and, in flood zones, a floodplain permit still apply.
Texas Health & Safety Code Sec. 366.051(a) (Required Permit)
A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system.
Texas counties cannot zone, so unincorporated Hidalgo County has no carport ordinance and no setback or height limits like a city would set. The county Planning Department still requires a development permit for any structure, and a floodplain development permit if the carport sits in a mapped flood zone.
Hidalgo County Planning Dept., Ch. 232 LGC Application (Rev. 6-14-22)
Applicant acknowledges that a development permit is required for the construction of any structure prior to the commencement of improvements and the application fee shall be doubled for construction commencing prior to obtaining an approved application.
Texas counties cannot zone, so unincorporated Hidalgo County has no minimum-dwelling-size or tiny-home ordinance. Placing a tiny home instead triggers a septic (OSSF) permit, a county development permit, a floodplain permit in flood zones, and subdivision platting under Local Government Code Chapter 232.
Texas Local Government Code Sec. 232.001(a) (Plat Required)
The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out a subdivision.
4 cities in Hidalgo County have their own accessory structures rules. Each link goes to that city's dedicated page with code citations.
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