Montgomery County, TX Property Maintenance: Vacant Lot Maintenance (2026)
Key Facts
- County Authority
- TX counties cannot zone or mow
- Conroe Rule
- Grass 12 inches max, Ch. 38
- Woodlands
- Deed restrictions enforced
- Nuisance Law
- TX Local Gov Code Ch. 343
- Dumping
- H&SC Ch. 365 state crime
Summary
Montgomery County has limited authority over vacant lots in unincorporated areas since Texas counties cannot zone or enforce general nuisance codes like cities. High-grass and vacant-lot enforcement applies mainly inside Conroe and other incorporated municipalities; The Woodlands relies on deed restrictions and Covenant Administration for vacant parcel maintenance.
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). Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 580 (S.B. 837), Sec. 1, eff. June 14, 2013.
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. Acts 1989, 71st Leg., ch. 678, Sec. 1,
Full Breakdown
Texas counties have no general police power to regulate vacant lot appearance, grass height, or routine trash in unincorporated areas. Under Local Government Code Chapter 343 (County Nuisance Abatement), Montgomery County may abate genuine public health nuisances on vacant parcels (stagnant water breeding mosquitoes, accumulations of rubble harboring rodents, unsecured open wells/excavations) after written notice to the owner, but it cannot impose a general mowing standard. HB 2127 (Texas Regulatory Consistency Act, 2023) further preempts counties from adopting ordinances inconsistent with state law. Inside the City of Conroe, Chapter 38 of the Code of Ordinances governs nuisances: grass and weeds over 12 inches on vacant lots are a public nuisance, owners receive 10 days' notice, and failure to abate allows city mowing with costs assessed as a lien against the property.
In The Woodlands (unincorporated township governed by The Woodlands Township and The Woodlands Community Association/Village Associations), vacant residential lots must comply with recorded deed restrictions enforced by Covenant Administration, including mowing, weed control, and prohibition on dumping. Illegal dumping on vacant property (any location in the county) is a state crime under Texas Health & Safety Code Chapter 365, with penalties escalating by weight and volume of material. Property owners should also watch for tall-grass complaints to Precinct Commissioners, which are routed to the relevant city or HOA since the county itself has no mowing ordinance.
Violations & Fines
Unincorporated Montgomery County: no county grass-height fine, but Ch. 343 nuisance abatement allows county crews to abate at owner cost with costs filed as a lien. Conroe (Ch. 38): 10-day notice, then city mowing with admin fee plus cost of service, typically $200-$600 plus a lien. The Woodlands: Covenant Administration issues deed-restriction violation letters; unresolved violations can lead to fines through the township courts or civil enforcement. Illegal dumping (H&SC Ch. 365): Class C misdemeanor up to felony depending on weight, with fines from $500 to $50,000 and possible jail time.
Frequently Asked Questions
Does Montgomery County enforce grass height on vacant lots?
Can the county place a lien on my vacant lot?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas property maintenance overview
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