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Waco Zoning Code Sec. 28-906 allows carports in side and rear yards no closer than 2 ft to a side or rear lot line, no closer than 5 ft to any principal dwelling on an adjacent lot, and no closer than 10 ft from the rear lot line if accessed from an alley.
Waco charges standard water/wastewater impact fees on ADUs requiring new connections under authority of Texas Local Government Code Chapter 395. Building permit fees are based on construction valuation through Planning Services. Texas has no statewide ADU fee waiver. Sharing the principal dwelling's existing water/sewer tap is the most common cost-reduction strategy for Waco property owners.
Waco typically imposes owner-occupancy as a condition of any Special Use Permit granted for accessory dwelling units under Waco Code Chapter 28. The owner must occupy either the principal dwelling or the ADU as a permanent residence, with a recorded deed restriction filed with the McLennan County Clerk. Texas Local Government Code Chapter 211 preserves local zoning authority — no state preemption applies.
Waco's STR ordinance (Chapter 13, Article VIII) does not set a specific minimum liability insurance dollar amount for short-term rental licensing. Standard homeowners policies typically exclude commercial rental activity, so STR-specific liability coverage is strongly recommended.
Waco caps STR occupancy at 2 adults per bedroom plus 2 additional adults per rental unit. In R-E, R-1A, R-1B, and R-1C residential zones, no more than 4 unrelated individuals may occupy an STR Type I/II or BBHE at any time.
Waco requires short-term rental operators to register with the city and obtain necessary permits before operating. STRs must comply with building, fire, and zoning codes.
Short-term rental guests in Waco must comply with the city's noise ordinance. Operators are responsible for ensuring guests do not disturb neighbors, particularly during nighttime hours.
Waco requires short-term rental operators to collect and remit hotel occupancy tax (HOT) on all stays under 30 days. The combined state and local rate applies to all STR bookings.
Waco requires short-term rental properties to provide adequate off-street parking for guests. Overflow parking on residential streets must comply with the city's street parking ordinances.
Waco prohibits dogs that bark excessively and disturb the peace under its animal control and noise ordinances. Waco Animal Services handles complaints about persistent barking dogs.
Waco regulates noise under Chapter 16 of the Code of Ordinances. The city prohibits unreasonable noise that disturbs the peace and quiet of residents, with stricter enforcement during nighttime hours in residential zones.
Waco restricts construction noise in residential areas during nighttime and early morning hours. Construction activities generating loud noise are generally permitted during standard daytime hours, with permits required for work outside those windows.
Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.
Waco prohibits the use of fireworks within city limits except by licensed professionals with permits. Texas state law allows certain fireworks in unincorporated areas, but Waco's city ordinance bans consumer use.
Waco restricts outdoor burning within city limits. Open burning of trash, debris, and yard waste is generally prohibited. Recreational fires and cooking fires may be allowed under specific conditions.
Waco allows recreational fire pits under specific conditions. Fire pits must be properly contained, a safe distance from structures, and attended at all times. Restrictions increase during burn bans.
Waco regulates the parking and storage of recreational vehicles, boats, and trailers on residential properties. These vehicles must be stored in approved locations and not on public streets for extended periods.
Waco requires driveways to meet city standards for width, grade, and materials. Vehicles must be parked on improved surfaces, not on unpaved yards in residential areas.
Waco restricts parking of large commercial vehicles in residential neighborhoods. Heavy trucks and commercial equipment should not be stored on residential streets or properties in most residential zones.
Waco regulates on-street parking through its traffic ordinances. Vehicles must observe posted signs, time limits, and restrictions near intersections, fire hydrants, and crosswalks.
Texas Property Code 202.019 prevents HOAs from prohibiting electric vehicle charging stations at a homeowner's dwelling. Owners across Texas may install Level 2 chargers in their garages or driveways subject only to reasonable conditions.
Texas law does not require neighbor consent before building a fence on your property, but Waco's code requires fences to be within property lines and sets standards for shared boundary fences.
Waco's zoning ordinance sets maximum fence heights in residential areas. Front yard fences are typically limited to 4 feet, while side and rear yard fences may be up to 8 feet.
Waco generally does not require a building permit for standard residential fences, but fences must comply with zoning height limits and setback requirements. Permits may be required for fences over the maximum height.
Waco requires all dogs to be on a leash or under direct control when off the owner's property. Dogs running at large are subject to impoundment by Animal Services.
Waco allows beekeeping in residential areas subject to regulations on hive placement, number of colonies, and distance from property lines and public areas.
Waco prohibits keeping dangerous wild animals as pets within city limits. Texas state law also restricts ownership of certain exotic species without proper permits.
Waco does not impose breed-specific bans. However, the city has dangerous dog regulations that apply to individual dogs based on behavior regardless of breed.
Waco requires property owners to maintain grass and vegetation at a reasonable height. Grass exceeding 12 inches triggers code compliance enforcement and potential city abatement.
Waco does not have a comprehensive tree preservation ordinance for private property, but tree removal in certain contexts may require permits. Developers must follow landscaping requirements.
Waco implements water conservation measures including irrigation schedules during drought conditions. The city follows a staged water conservation plan that may restrict outdoor watering days and times.
Waco requires property owners to maintain trees so they do not obstruct sidewalks, streets, or utility lines. The city may trim or remove trees in the public right-of-way.
Texas Property Code 202.007 prohibits HOAs from banning rainwater harvesting systems, and Health & Safety Code 341.042 sets statewide standards for harvested rainwater used as a potable supply. Rainwater harvesting is broadly protected and encouraged in every Texas city and county.
Waco permits home occupations in residential zones under specific conditions. The business must be secondary to residential use and not create traffic, noise, or visual impacts that alter the neighborhood character.
Waco generally prohibits exterior signage for home-based businesses in residential areas. The home must maintain its residential appearance with no visible commercial indicators.
Waco restricts customer and client visits to home-based businesses in residential areas. Home occupations should not generate traffic beyond normal residential levels.
The Texas Cottage Food Law (Health & Safety Code Chapter 437, Subchapter A) authorizes home-based production and sale of certain non-potentially-hazardous foods statewide. Cities and counties cannot prohibit cottage food operations or require permits for them.
Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.
Waco requires all residential swimming pools to be enclosed by a barrier fence at least 48 inches high with self-closing, self-latching gates. These requirements follow the International Swimming Pool and Spa Code.
Waco enforces pool safety rules including barrier requirements, drain covers, and electrical safety. Pool construction and modification require building permits and inspections.
Waco regulates above-ground pools similarly to in-ground pools regarding barrier requirements and safety standards. Pools above a certain size require permits.
Waco adopts the International Fire Code as locally amended under the Waco Code of Ordinances. IFC § 308.1.4 prohibits open-flame cooking devices and LP-gas containers larger than 1 lb on combustible balconies or within 10 feet of combustible construction at multi-family buildings. Single-family backyard grilling is unrestricted. McLennan County burn bans during drought target open burning of vegetation, not commercial grills used for food preparation.
Waco has no city ordinance specifically regulating residential backyard smokers, pellet grills, or wood-fired ovens. Operation is governed by general nuisance and health provisions of the Waco Code and the fire-clearance rules adopting IFC Chapter 3. Persistent dense smoke can trigger nuisance complaints. HOAs in master-planned neighborhoods and properties near Baylor commonly govern smoker frequency and aesthetics through covenants.
Built-in outdoor kitchens in Waco require multiple permits through Planning Services: a building permit for the structure, a gas-line permit for natural gas or stationary propane, an electrical permit, and a plumbing permit if connected to water/sewer. Structures must comply with Waco Code Chapter 28 zoning setbacks (typically 5 ft side, 10 ft rear in R districts). Properties in the Brazos River floodplain require additional review.
Waco has no city ordinance regulating residential lawn ornaments, statuary, or religious displays on private property. Property maintenance rules apply to dilapidated or junk-like conditions and feed into Waco's active anti-blight enforcement. Texas Property Code § 202.018 protects religious door displays from HOA bans. Texas Election Code § 259.002 protects political signs during campaign periods. Texas Property Code § 202.011 imposes HOA reasonableness standards.
Waco has no city ordinance specifying installation dates, removal deadlines, or brightness limits for residential holiday light displays. Amplified outdoor audio must comply with the Waco noise ordinance (quiet hours 10 PM to 7 AM, with active enforcement near Baylor University). Light directed into neighbor windows can be cited under general nuisance. Texas Property Code § 202.018 protects religious door displays from HOA bans.
Waco has no city ordinance specifically regulating residential inflatable holiday displays. Inflatables are permitted on private property subject to right-of-way obstruction rules under the Waco Code (Streets and Sidewalks) and the noise standards of the Waco noise ordinance. Continuous blower noise can trigger complaints during quiet hours (10 PM to 7 AM). HOAs in newer subdivisions commonly impose size and duration limits under Texas Property Code Chapter 202.
Texas Health & Safety Code Chapter 487 limits cannabis dispensing to a small number of state-licensed Compassionate Use Program providers. There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.
Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.
Texas Government Code Chapter 423 preempts local commercial drone rules and FAA Part 107 governs commercial flight nationwide. Texas cities cannot require their own drone permits or fees for Part 107 operators delivering or surveying.
Texas Government Code Chapter 423 occupies the field of unmanned aircraft regulation. Cities and counties cannot adopt their own recreational drone ordinances, though limited municipal rules over takeoff and landing on public property remain.
Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.
Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.
HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.
Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.
Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.
Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.
Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.
Texas Government Code Chapter 673 requires every state agency and any business that contracts with a state agency to register for and use the federal E-Verify system to confirm the work eligibility of new employees. Private-sector E-Verify use is generally voluntary statewide.
Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.
Texas Property Code Chapter 24 sets the exclusive procedure for residential evictions statewide. Cities cannot require landlords to show 'just cause' to terminate a month-to-month tenancy or refuse renewal, beyond the state's notice rules.
Texas Local Government Code 214.902 forbids cities from adopting rent control ordinances except in narrow disaster-related circumstances approved by the governor. Statewide, no Texas city can cap residential rent increases or set base rents.
Texas Local Government Code 214.902 caps rental registration and inspection programs, and Property Code Chapter 92 sets statewide landlord-tenant disclosure and habitability rules. Texas cities may register rental units only within state limits, and tenant protections apply universally.
Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.
The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.
The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.
Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.