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Midland County, TX Short-Term Rentals: Occupancy Limits (2026)

Few Restrictions

Verified 2 weeks ago|Source: Texas Local Government Code Chapter 233 →

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Key Facts

County Occupancy Cap: None — no county STR ordinance
Statutory Bar: No county zoning (Tex. LGC Ch. 233)
Practical Limit: Septic OSSF design capacity
Septic Authority: 30 TAC Ch. 285; local OSSF program
City IPMC Sleeping Room: 70 sq ft first, 50 sq ft per addt'l

City-specific rules exist: Midland has its own occupancy limits rules that differ from Midland County's county-level regulations. If you live in Midland, check the city-specific page instead.

Summary

Midland County does NOT set STR occupancy caps in unincorporated areas. Texas counties lack zoning authority (Tex. LGC Ch. 233) and the county has no STR ordinance. Effective ceilings come from septic (OSSF) capacity under 30 TAC Ch. 285. City of Midland STR rules apply inside city limits.

Full Breakdown

Midland County has not adopted any STR occupancy ordinance for unincorporated areas. Texas counties lack general police power to zone single-family residential use; Tex. LGC Ch. 232 limits the county to subdivision platting and Ch. 240 covers floodplain. There is no county limit on overnight guests, bedrooms rented, or guest-to-bedroom ratios. The practical ceiling is the septic system: 30 TAC Ch. 285, administered by the OSSF program, sizes systems by bedroom count; overloading is a TCEQ violation. Inside Midland city, Ordinance 10190 governs STRs and IPMC minimums apply (commonly 70 sq ft for the first occupant and 50 sq ft per additional). Permian Basin oil-worker demand does not change the county's hands-off stance. Confirm with Midland Planning at (432) 685-7325.

Violations & Fines

No county STR occupancy penalty in unincorporated areas. Septic overload: TCEQ violation under 30 TAC Ch. 285 — administrative penalties, repair orders. City of Midland over-occupancy under Ord. 10190: civil penalties up to $500/day Class C misdemeanor.

Frequently Asked Questions

Is there a guest limit for an Airbnb in unincorporated Midland County?

No. Midland County does not regulate short-term rental occupancy in unincorporated areas — Texas counties lack general zoning authority over single-family residential use under Tex. Loc. Gov. Code Chapter 233. The real ceiling is your septic system: 30 TAC Chapter 285 sizes On-Site Sewage Facilities by bedroom count, and overloading the system is a TCEQ violation. Confirm permitted bedroom count with the Midland County Environmental Health / OSSF office before increasing guest counts.

Are occupancy rules different inside Midland city limits?

Yes. The City of Midland regulates short-term rentals under Ordinance 10190 (effective February 1, 2022). STRs must register through the city's Host Compliance portal and follow city building and property maintenance code minimums. The International Property Maintenance Code typically requires 70 sq ft for the first occupant and 50 sq ft per additional in a sleeping room. Confirm current numbers with City of Midland Planning at (432) 685-7325.

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City-specific rules exist: Midland has its own occupancy limits rules that differ from Midland County's county-level regulations. If you live in Midland, check the city-specific page instead.

Midland County, TX Short-Term Rentals: Occupancy Limits (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

Related Midland County Ordinances

Noise Ordinances: Quiet Hours

Fence Regulations: Height Limits

Animal Ordinances: Dog Leash Laws

Fire Regulations: Fireworks

Environmental Rules: Flood Zones

Swimming Pools & Spas: Fencing Requirements

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