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Montgomery County, TX Environmental Rules: Grading & Drainage (2026)

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Verified 1 month ago|Source: Montgomery County Engineer →

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Key Facts

Authority: LGC Ch. 232 subdivision
Standard: Atlas 14 post-Harvey
Lake Conroe: SJRA shoreline rules
Woodlands: Deed-restriction drainage
Diffused Water: Common-law rule applies

City-specific rules exist: Conroe has its own grading & drainage rules that differ from Montgomery County's county-level regulations. If you live in Conroe, check the city-specific page instead.

Summary

Montgomery County regulates grading and drainage under the Drainage Criteria Manual and Subdivision Rules. Permits required for significant earthwork. No redirecting runoff onto neighbors. Lake Conroe watershed has stricter controls.

Full Breakdown

Montgomery County Engineer's office enforces the county Drainage Criteria Manual and Subdivision Rules under Local Government Code Chapter 232. Unincorporated land cannot be zoned, but drainage authority survives via plat review and floodplain administration. Grading tied to new construction or subdivision requires a development permit, with detention typically mandated when impervious cover exceeds thresholds. Conroe Code Chapter 102 requires grading plans with building permits and compliance with the Atlas 14 rainfall standards adopted post-Harvey. The Woodlands (via MUDs and The Woodlands Township Covenant Administration) enforces deed restrictions requiring natural drainage preservation and limits tree clearing. San Jacinto River Authority regulates Lake Conroe shoreline grading. Texas common-law 'diffused surface water' rule still bars unreasonable drainage redirection onto adjoining tracts.

Violations & Fines

Unpermitted grading or fill in platted drainage easements: stop-work order and fines up to $500/day per Ch. 232. Redirecting runoff onto neighbors: civil liability and mandatory restoration. Floodplain violations: FEMA sanctions and loss of NFIP discount.

Frequently Asked Questions

Does Montgomery County require a grading permit in unincorporated areas?

Not a standalone grading permit, but any grading tied to a subdivision, building permit, or floodplain area requires review under the county's Drainage Criteria Manual and Subdivision Rules.

Can my neighbor redirect stormwater onto my lot?

No. Texas follows the modified common-enemy rule — a landowner cannot unreasonably divert diffused surface water onto adjoining property. You may pursue civil remedies.

How does Montgomery County compare?

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Montgomery County, TX Environmental Rules: Grading & Drainage (2026)

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