Land / What you can build

What you can build out here.

Here's another Texas surprise. Outside city limits, there's often very little telling you what you can build. But 'unrestricted' doesn't mean 'anything goes.'

How land use actually works in Texas

• -Cities can zone; counties generally cannot. Texas cities have broad zoning power inside their limits (districts, setbacks, heights, permitted uses). Texas counties have no general power to zone. They can control subdivision (platting) and some safety items. A few narrow exceptions apply near certain lakes and on Padre Island.
• -Houston has no conventional zoning. It's the largest U.S. city without it. Development there is shaped by subdivision rules and, heavily, by deed restrictions.
• -Extraterritorial jurisdiction (ETJ) is a ring of unincorporated land around a city; its width depends on the city's size. There the city has limited power, mainly over platting. Zoning isn't allowed in the ETJ or in unincorporated areas. A 2023 law (SB 2038, now Local Government Code chapter 42) lets many owners petition to opt out of a city's ETJ. It's in effect: the Texas Supreme Court confirmed in 2025 that a valid petition works even if the city refuses to act. A broader court challenge by cities is still pending.
• -Deed restrictions (restrictive covenants) are private rules recorded against the property. Neighbors or an HOA can enforce them whether or not you're in a city. They often control building type, size, use, and looks. They may bar manufactured homes, RVs, short-term rentals, or businesses. Always read the recorded restrictions before you buy.
• -Even with no zoning, rules still reach you. Inside a city, even no-zoning Houston, building permits and codes fully apply. Outside city limits, most counties can't adopt building codes or require a building permit for a house. But new homes must still meet the International Residential Code baseline. A private inspector the builder hires, not the county, checks that. Electrical work needs a state-licensed electrician. Coastal counties need windstorm certification for wind insurance. The county permits that do exist are septic (OSSF) and floodplain development. Deed restrictions still apply too, and watch for surprises like MUD taxes or no utilities. Septic is regulated by the TCEQ and the county. Check FEMA's flood maps before you build.