Midland, TX Property Maintenance: Vacant Lot Maintenance (2026)
Key Facts
- State authority
- Tex. Health & Safety Code § 342.004
- Local grass/brush threshold
- Weeds under 12 in., brush under 2 ft exempt
- Maximum fine
- $500.00 per day, no mental state required
- City abatement
- City may clear lot after 10-day notice
- Lien priority
- Second only to tax and street liens, 10% interest
- Local ordinance
- Midland Code § 8-6-18
Summary
Texas Health & Safety Code § 342.004 lets Midland require owners of vacant and unimproved lots to keep the property free of weeds, brush and conditions the state defines as a public nuisance, and § 342.005 lets the City punish anyone who violates the resulting ordinance. Midland's own Code § 8-6-18 carries that authority out locally, with a 12-inch grass threshold and a lien for unpaid cleanup costs.
Sec. 342.004. MUNICIPAL POWER CONCERNING WEEDS OR CERTAIN PUBLIC NUISANCES. The governing body of a municipality may require the owner of real property in the municipality to keep the property free from weeds, brush, and a condition constituting a public nuisance as defined by Section 343.011(c)(1), (2), or (3). Sec. 342.005. VIOLATION OF ORDINANCE. The governing body of a municipality may punish an owner or occupant of property in the municipality who violates an ordinance adopted under this subchapter. Sec. 343.011(c): (1) keeping, storing, or accumulating refuse on premises in a neighborhood unless the refuse is entirely contained in a closed receptacle; (3) maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or other disease-carrying pests.
Full Breakdown
005 lets the municipality punish an owner or occupant who violates the resulting ordinance. 011(c) itself defines that nuisance standard for a county's unincorporated land, listing accumulated refuse not in a closed receptacle, rubbish left visible or within 300 feet of a street for ten or more days, and unsanitary conditions likely to attract mosquitoes, rodents or vermin, and Midland's local ordinance borrows the same substance for property inside the city. Midland's Code § 8-6-18 is the local ordinance enacted under that state authority: it bars stagnant water, carrion, filth, and the accumulation of weeds, tall grass, rubbish, brush and debris on any owned, occupied or possessed lot.
An affirmative defense applies if the weeds or tall grass are under 12 inches and the brush is under two feet, if the land is a City-approved wildlife sanctuary or zoned Agriculture-Estate for grazing or cultivation, or if the debris is screened from view by a fence. 00, with each day a separate offense and no culpable mental state required to convict under § 8-6-18(C). A. 007 that the local ordinance itself invokes. The owner has the right to request a hearing before that lien attaches if the request is made within the deadline stated in the notice.
Violations & Fines
Violating Midland's weed-and-debris ordinance is a misdemeanor punishable by up to $500.00, with each day of the violation a separate offense and no culpable mental state required to convict (§ 8-6-18(C)). If the owner ignores a ten-day written notice, the City can enter the lot, do the cleanup itself, and file a lien against the property for the cost, second only to tax and paving liens and accruing ten percent annual interest (§ 8-6-18(D)-(E)).
Frequently Asked Questions
Can Midland make me clean up weeds on a vacant lot I own?
What happens if I ignore the City's notice to clean up my lot?
Is there a fine on top of the cleanup cost?
Sources & Official References
Other rules in Midland
Texas rules heatmap·Compare Midland to another location·View the Texas property maintenance overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.