Development is defined as: "All land modification activity including any man-made changes to improved and unimproved real estate, including but not limited to, construction of buildings, manufactured homes, sheds, pools, roadways, paved storage areas, parking lots, pouring slab / foundation, stormwater management facilities, fill, grading, storage of equipment or materials, etc.

Yes, in order for the county to be in the National Flood Insurance Program, the county requires a permit for any kind of development, including but not limited to, houses, pools, sheds, outbuildings, grading, fill, creek crossings, etc.

Residential / single-family development will be required to obtain / show proof of, but not limited to: Having a compliant parcel, development permit, and a single-family On-Site Sewage Facility design (if applicable).

In 2009, the Texas Legislature adopted H.B. 2833, providing that Counties with a population of more than 100 may adopt a resolution opting to require that new homes constructed in unincorporated areas of the County be inspected a minimum of three (3) times. Inspections are required at the following stages: (1) Foundation State, before the placement of concrete; (2) the framing and mechanical systems stage; before covering with drywall or other interior wall covering(s); and (3) upon completion of construction. On September 15th, 2009, the Hays County Commissioners Court adopted regulations in accordance with those provisions. The Notice of New Residential applies only to single-family house or duplex construction on a vacant lot and construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 (50%) percent. Hays County does not perform inspections on single-family development. A builder will be required to contact a 3rd party to complete the inspections.

You will be required to obtain / show proof of, but not limited to: Having a compliant parcel, development permit, non-single-family On-Site Sewage Facility design and permit (approved through commissioner’s court), an Edwards Aquifer Protection Plan (when applicable) and a public water supply (when applicable). 

An applicant will also need to contact the Hays County Fire Marshal’s office about their project and their requirements.

Renovating the interior of a single-family house, outside of the floodplain does not require a development permit. Renovating the interior of a single-family house, inside of the floodplain may require a permit. Please reach out to our office to discuss the project. Any additions or newly created square footage may require a development permit and an upgrade to the On-Site Sewage Facility.

Every septic system is designed and permitted based upon the number of bedrooms and / or square footage of the house. Please contact our office to discuss the project and we can review your existing plans to make this determination.

You can apply online via www.mgoconnect.org. Click on "Customer Portal" followed by selecting the State "Texas" and Jurisdiction "Hays County". You will then be directed to the Hays County landing page where you can "Apply Online for a Permit". 

Click Button Below to visit MGOConnect.

There are various fees applicable to the various types of On-Site Sewage Facility (OSSF). All fees can be found on the department's Fee Schedule located on the "Documents & Forms" page. A link to the page can be found by click on the button below.

The development permit is good for 1 year from the date of issuance to start construction. Once construction has started, the permit will be valid for 2 years after issuance to complete the proposed project. If the project has not started within 1 year from the date of issuance the permit will be “expired”. Once expired the application processes must start over in full, including but not limited to, a new application, all new supporting documents, and new fees.

 If you are attaching solar panels directly to your existing structure, you will not need a development permit. If you are building a structure to place the panels on, you will need to obtain a development permit.

Modifications to existing cell towers do not require a development permit. Any new construction and/or addition of concrete slabs or foundations for cell towers, generators, or support building will require a development permit.

Hays County’s building code is adopted through the International Fire Code (IFC). The IFC adopts building of multi-family residential, public buildings and commercial buildings. Please contact the Hays County Fire Marshal’s Office (512-393-7300) for more information on building codes. The Notice of New Residential Construction applies to single-family residential development on a vacant lot.

Hays County has limited zoning authority granted from the State of Texas. The county recognizes the Texas Airport Zoning Act as administered and adopted by the County Seat, the City of San Marcos for the San Marcos Regional Airport. 

For the areas outside of the San Marcos Regional Airport Zoning Regulations, Hays County does not have zoning authority.

Any commercial or multifamily development in the Edwards Aquifer Recharge Zone. Please visit the Texas Commission on Environmental Quality (https://www.tceq.texas.gov/permitting/eapp/apps.html) or call 512-339-2929 for additional details.

You will need a public water supply if: (1) you have 15 or more service connections or (2) serve at least 25 individuals at least 60 days out of the year. Please visit the Texas Commission on Environmental Quality (https://www.tceq.texas.gov/drinkingwater/pws.html) for additional details.

A yard egg producer permit allows an egg producer to sell ungraded eggs from their own flock directly to customers. Such producers may be exempt from licensing from the Texas Department of Agriculture (TDA) but must be permitted by Hays County Development Services. To sell eggs you must obtain proper permitting, maintain eggs at 45°F and below and eggs must be properly labeled as ungraded with safe handling instructions. A yard egg producer permit is good for the entire calendar year and expires December 31st.

Yard Egg Label Requirements:

1) Yard eggs must be labeled with the producer's name and address.

2) Yard eggs must be labeled as "ungraded" in legible printed boldface type.

3) Yard eggs must be stored at an ambient air temperature of 45°F or less.

4) Yard eggs must include the following safe handling statement on the label of the shell eggs: SAFE HANDLING INSTRUCITONS: To prevent illneess from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.

A farmer's market food establishmnet permit inclues any booth at a farmer's market that stores, prepares, packages, serves, or vends unpackaged food, packaged food requiring time and/or temperature control and/or drinks including ice. A farmer's market permit is good for the entire calendar year and expires on December 31st. A farmer's market permit must be applied for each year and cannot be renewed.

A temporary food establishment is defined as service of food at a location for no more than fourteen (14) consecutive days in conjunction with a single event or celebration. A temporary food establishment includes any booth at a temporary event that stores, prepares, packages, serves, or vends unpackaged food, packaged food requiring time and/or temperature control and/or drinks including ice.

Yes. Apply for a farmer’s market permit for the flea market location.

Yes. Yard egg producers, farmer's market food and temporary food establishments must obtain a permit. All operators that handle unpackaged food, packaged food requiring time and/or temperature control, drinks, and/or ice must have a permit. A separate permit is required for every food establishment at any given event and is only valid for one establishment. If a food establishment operator is operating more than one establishment, a permit is required for each one. Operation of a food establishment without the required permit will result in a citation issued to the person in charge of the establishment.

Yes. Yard egg producers, farmer's markets, and temporary food establishments may be inspected at least once during the event. Feel free to ask the inspector questions. The inspector is there to assist you in providing safe food to your customers and will check your food booth to ensure minimum requirements are met. Violations will require immediate corrective action, or you will be directed to cease operations.

Booths which sell only manufactured, pre-packaged, non-time/temperature control foods (candy, chips, frozen ice cream) or unopened canned or bottle drinks are not required to obtain a temporary permit. Booths which conduct only cooking demonstrations or only give samples and do not sell product are not required to obtain a farmer's market or temporary permit. Booths which operate under a non-profit or tax-exempt status (Tax Form 501 (c)) are not required to obtain a farmer's market or temporary permit. A non-profit farmer's market or temporary food establishment must be operated directly by members or volunteers of the charity organization and all proceeds go to the charity. A food booth which donates a portion of its proceeds to a charity, is not considered a non-profit temporary establishment.

No, if you are selling an item(s) which fall under the Texas Cottage Food Law you are not required to obtain a food permit. Items which fall under the Texas Cottage Food Law are required to follow specific labeling criteria and obtain a Texas Food Handler’s Certification. For more information, click the button below.

The cost of a yard egg producer, farmer's market, or temporary event permit can be found on the Hays County Development Services Fee Schedule. No Permit or application will be issued the day of an event. You will be issued a citation if no permit was obtained. Permits must be applied for a week before an event to be issued.

Applicantions must be received at least 7 days before an event. Applications can be found online at www.mgoconnect.org. Select "Customer Portal", “Hays County” as the jurisdiction, and "Texas" as the state. click on “Apply for a permit”. Please follow all the necessary steps. Please call our office if you need additional assistance.

Yes, please see the list of requirements below.

1) A metal probe thermometer must be provided to check internal food temperatures and any other type of thermometer must be provided to check cold hold temperatures.

2) Food preparation utensils must be durable and made of approved materials.

3) All items provided for customer use must be single-service items.

4) All food contact equipment and utensils, including single-service items, must be protected from contamination.

5) The booth must have a ware washing set-up with 3 containers large enough to immerse the largestpiece of equipment with sanitizer and the appropriate test strips available on-site.

6) The booth must have a hands-free continuous flow handwash set-up with water in a container, soap,paper towels, and catch bucket with lid.

7) All wastewater must be disposed of properly or hauled off site in sealed containers.

8) Overhead protection and approved subflooring/ground cover.

9) Booths selling only commercially pre-packaged foods in their original containers are exempt from ahandwash set-up.

Disposable gloves and hair restraints must be provided for all booth staff. Employees must not handle food ifthey are sick. The booth must have at least one person on-site who has a state accredited Food Handler or FoodManager Certification. Staff shall not eat, drink, or smoke while preparing food.

1) Water must come from an approved source for food preparation, handwashing, warewashing, andsanitizing. Waste disposal facilities or containers must be provided to retain all liquid and solidwaste and wastewater. All food preparation and contact surfaces must be protected fromcontamination by the public and pests. The booth floor must be free of water accumulation on a non-absorbent, hard surface (concrete or asphalt) unless covered by mats, removable platforms, a tarp, orduckboards to control dust and mud. The permit must be onsite and posted in public view.

2) Food must be prepared on-site or from an approved and permitted commercial source and not beprepared in a private home. Food, including ice, must be stored in clean, sanitized, coveredcontainers, and protected from contamination. Loosely packaged foods may not directly contact iceif water can penetrate the package. Time/temperature control for safety foods must be maintained at41°F or below or at 135ºF or above and cooked to the proper temperature. The booth must havesufficient equipment to maintain food temperatures. Food must be in sound condition, free ofcontamination and shall be safe for human consumption.

3) The purpose of permitting and inspecting farmer's markets and temporary food establishments is toprotect the public's health by ensuring the minimum requirements of the Texas Food EstablishmentsRules found in the Texas Administrative Code Title 25 Chapter §228 are met.

Yes, a permit is required for all retail food establishments and restaraunts. 

Yes, every fixed and mobile food establishment in the county must always employ at least one Certified Food Manager during operations. Other food employees must complete an accredited food handler training course. Food establishments that only sell prepackaged foods are only required to complete an accredited food handler training course. 

These courses are available online. The course must be approved by the Texas Department of State Health Services (DSHS). 

These courses are available online. The course must be approved by the Texas Department of State Health Services (DSHS). 

Yes, a mobile food establishment must be mobile and move daily. A food establishment would be a “brick & mortar” location.

A fixed food estblishment will have to be inspected before you recive your permit. You will then be inspected at least twice per year in addition to inspections in response to any consumer complaints.

Yes, all fixed food establishments must renew annually at the end of each calendar year. It is the responsibility of the owner of the food establishment to renew annually.

No, each permit expires at the end of each calendar year. Temporary event permits can be issued to prepare and serve food under a tent at events.

You will need a public water supply if: (1) you have 15 or more service connections or (2) serve at least 25 individuals at least 60 days out of the year. Please visit the Texas Commission on Environmental Quality for additional details.

There are three options for filing a complaint. 

1. Call the Hays County Development Services at 512-393-2150 (opt. 2) and speak with an Environmental Health Specialist.

2. Email us at foodcomplaints@hayscountytx.gov

3. File a complaint anonymously at www.mgoconnect.org. Log into the "Customer Portal" and select "Texas" as the state, and "Hays County" as the jurisdiction. On the left hand side, select "File a Complaint" and follow the prompts.

You can visit the Hays County Development Services webpage by clicking the below button.

Yes, a permit is required for all mobile food establishments and pushcarts.

Yes, every fixed and mobile food establishment in the county must always employ at least one Certified Food Manager during operations. Other food employees must complete an accredited food handler training course. Food establishments that only sell prepackaged foods are only required to complete an accredited food handler training course. 

These courses are available online. The course must be approved by the Texas Department of State Health Services (DSHS). 

These courses are available online. The course must be approved by the Texas Department of State Health Services (DSHS). 

You are required to get two (2) inspections per year. You are required to bring the mobile food estblishment to our office location for each inspection. Power will be required during the inspection, please be sure to have a generator available for the inspection. One will not be provided to you by Hays County.

Yes, a mobile food establishment must be mobile and move daily. A food establishment would be a “brick & mortar” location.

Yes, all mobile food establishments must renew annually at the end of each calendar year. It is the responsibility of the owner of the mobile food establishment to renew annually.

A Commissary or Central Preparation Facility must be visited daily by a Mobile Food Establishment -- A Commissary is a facility that is an approved and permitted retail food establishment at which food is prepared, stored, and wrapped; and the Mobile Food Unit is supplied with fresh water and ice; and emptied of waste water into a proper waste disposal system, and cleaned, including washing, rinsing, and sanitizing of those food-contact surfaces or items not capable of being immersed in the Mobile Food Unit utensil-washing sink. Use of a private residence as a central preparation facility is prohibited.

You need to have the commissary page of your application completed by the health authority in charge of inspecting your commissary (normally the health department of the city or county where your commissary is located).

If not visiting your commissary or servicing area each day you operate, you are required to obtain a variance from the Texas Food Establishment Regulations (TFER) section 228.221(b)(1). There is a $100 fee annually for the variance as well as a variance form that must be completed and submitted. 

Yes, you need to have a permit in each jurisdiction that you are operating in. Hays County does the food permitting in the unincorporated areas of the county. 

Yes; however, you cannot offer restrooms to customers unless you have a public restroom that uses a properly sized on-site sewage facility, or a city sewer connection and your mobile food unit still must visit the commissary daily.

Yes, with the property owners’ permission. A restroom must be readily available to all food vendors who choose to operate on/occupy a property for any given amount of time. This restroom must use a properly sized on-site sewage facility or city sewer connection. *Water and wastewater requirements are not applicable to “restricted operation” mobile food units. * TFER §228.221 (a)(2) & Hays County OSSF Rules: W (1)

Yes, you need to have a permit in each jurisdiction that you are operating in. Hays County does the food permitting in the unincorporated areas of the county and in the cities of Buda, Kyle, and Wimberley. If you are operating in one of those cities, be sure to contact the city to find out what additional permits they will require. 

Yes, if the proper restroom facilities are available on the property.

Any property must have an on-site sewage facility or access to a restroom on city sewer. If an on-site sewage facility is present, it must be designed for the expected gallons per day for customers, employees, food preparation and wastewater strength. Many other factors are taken into consideration but it’s important to note that an existing on-site sewage facility might not be acceptable for your businesses use. Please call to verify.

The responsibility to verify the site meets the county's rules and regulations falls on the mobile food establishment owner and the property owner.

No, Mobile Units are required to be mobile daily unless a variance from the regulations is obtained. Your mobile unit must always be readily moveable upon request. You are required to report to your central preparation facility daily. * TFER §228.221 (a)(10)(B) 

Yes, all mobile food establishments will need to speak with the Hays County Fire Marshal. When applicable, a mobile food establishment will need to apply for a permit and receive an inspection from the Fire Marshal. The Fire Marshal will also conduct annual inspections. The Hays County Fire Marshal’s Office can be reached at 512-393-7300 or by e-mailing firemarshal@hayscountytx.gov. 

There are three options for filing a complaint. 

1. Call the Hays County Development Services at 512-393-2150 (opt. 2) and speak with an Environmental Health Specialist.

2. Email us at foodcomplaints@hayscountytx.gov

3. File a complaint anonymously at www.mgoconnect.org. Log into the "Customer Portal" and select "Texas" as the state, and "Hays County" as the jurisdiction. On the left hand side, select "File a Complaint" and follow the prompts.

You can visit the Hays County Development Services Food Establishment website by clicking the button below.

Please visit the Hays County GIS webpage to download the applicable form(s). Click on the button below to be taken to the GIS webpage.

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Each municipality is responsible for maintaining their own boundary information. Please reach out to each municipality directly for more information.

The CAPCOG region consists of the following counties: Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano,Travis, and Williamson.

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The Texas Natural Resource Information System (TNRIS) is now the Texas Geographic Information Office (TxGIO). The office maintains statewide maps and data, including but not limited to: imagery, terrain, hydrography, land cover, transportation, and elevation.

The United States Geological Survey (USGS) publishes maps & data for topography, elevation, hydrography, imagery, transportation, and many other features which can be downloaded or viewed using the National Map Viewer (NMP). To view the map, click the button below.

The Texas Water Development Board (TWDB) publishes maps & data for water wells and water data. To view their information, please click the button below.

The Texas Commission on Environmental Quality (TCEQ) publishes information on air, water, wastewater, land mangement, and more. To view their maps & data, please click on the link below.

The Public Utility Commission of Texas (PUC) publishes maps and data related to various utilties including water, electric, telecom, and wastewater. To view their maps, please click on the link below.

The Texas Parks & Wildlife Dept. publishes maps and data for ecosystems, endangered species, watersheds, and more. Please click on the link below to view their maps.

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The Census Bureau maintains maps and data for national demographic information. Please click on the button below.

The Texas Demographic Center maintains maps and data for local demographics. Please click on the button below.

Yes, all newly constructed On-Site Sewage Facilities (OSSF), replacement systems, and alterations to existing systems (OSSF) require a permit.

You can apply online via www.mgoconnect.org. Click on "Customer Portal" followed by selecting the State "Texas" and Jurisdiction "Hays County". You will then be directed to the Hays County landing page where you can "Apply Online for a Permit". 

Click Button Below to visit MGOConnect.

There are various fees applicable to the various types of On-Site Sewage Facility (OSSF). All fees can be found on the department's Fee Schedule located on the "Documents & Forms" page. A link to the page can be found by click on the button below.

The type and size of the system will be determined by the licensed septic designer. There are many factors including the number of people, the strength of the wastewater, and the type of soil.

Anyone who is associated wtithe the development / replacement of the OSSF can apply for the permit. The applicant will be responsible for filling out the application including the owner acknowledgement.

When you apply for your OSSF Permit, you will be required to submit a series of documents. These documents include, but are not limited to: tax statement, site plan, location map, floorplan of home/structure, septic planning materials, OSSF affidavit (if applicable), and 2-year initial contract from a licensed maintenance provider (if applicable).

Any aerobic or advanced treatment sysetms, such as drip irrigation, will require a maintenance contract.

A maintenance contract is required for all aerobic On-Site Sewage Facilities. Hays County requires ongoing maintenance with a licensed maintenance provider. Having the maintenance contract benefits you (the homeowner) by having a trained professional service company to monitor your On-Site Sewage System for problems with the sytem before they result in a public health nuisance.

A construction inspection of an On-Site Sewage Facility must be completed within twelve (12) months from the date of issuance of the Authorization to Construct. Construction of an On-Site Sewage Facility must be completed within fourteen (14) months of the date of issusance of an Austhorization to Construct and within eighteen (18) months of the date of application for a permit.

Yes. A homeowner can install their own residential On-Site Sewage Facility. Only a licensed installer can install a system that is used for commercial use, including rental houses.

You can call the Hays County Development Services Office at 512-393-2150 (opt. 2) and speak with an Environmental Health Specialist, send an email to septiccomplaints@co.hays.tx.us or by filing a complaint online at www.mgoconnect.org. 

If filing online, click on "Customer Portal" followed by selecting the State "Texas" and Jurisdiction "Hays County". You will then be directed to the Hays County landing page where you can "File a Complaint".

To obtain information / documents about an OSSF system on a property, a request for public information / open records request will need to be filed with the county. A request can be submitted by one of the following methods.

1. Online via the Hays County Public Information Request System found on the Hays County website (Click Button Below);

2. Via email to PIA-Requests@co.hays.tx.us;

3. Via mail to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;

4. By-hand-delivery to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;

5. By fax to (512) 392-6500

A "Plat" is a legal document showing the boundary(ies) of property and may include additional features such as: dimensions, lot lines, floodplain, streets/roadways, and easements.

Hays County recommends setting up a Pre-Application / Pre-Development meeting to discuss your project with staff. Applications can be found / applied for at www.MGOConnect.org. To schedule your Pre-Application / Pre-Development Meeting, click the button below.

You can apply online via www.mgoconnect.org. Click on "Customer Portal" followed by selecting the State "Texas" and Jurisdiction "Hays County". You will then be directed to the Hays County landing page where you can "Apply Online for Planning & Subdivision Projects". 

Click Button Below to visit MGOConnect.

This could be completed a few different ways. Please reach out to the Planning Division or schedule a Pre-Application meeting to discuss the overall project.

The process of platting is described in Texas Local Government Code, Chapter 232.

The process of platting a property varies greatly based on the needs and wants of the owner/developer. Typical cost associated with Platting may include, but not limited to:

o Surveying Cost

o Engineering Cost

o Additional Development Costs

o Application & Review Fees Baased on Number of Parts, Lots, Spaces, Units, Etc.

o Recordation Fees

o Public Notice fees pertaining to Public Hearings

The State of Texas has allows counties to require a plat for any division of land which complies with Texas Local Government Code, Chapter 232. The state has also outlined exceptions to the platting requirements as outlined in Texas Local Government Code, Chapter 232. It's highly recommended you schedule a Pre-Application meeting with county staff to discuss the project and available options.

If your property is completely contained within the limits of a municipality, you will not be required to obtain county approval for platting. Please reach out to your municiaplity for more information.

If you do not plat your property, once it has been determined that the property is not compliant with current County and State regulations, you will be unable to get any county approvals for, including but not limited to, the following: Development Authorizations, On-Site Sewage Facility Permits, or Driveway Permits. Property that is not compliant will be unable to legally develop in Hays County.

To obtain information / documents about a potential development or property, a request for public information / open records request will need to be filed with the county. A request can be submitted by one of the following methods.

1. Online via the Hays County Public Information Request System found on the Hays County website (Click Button Below);

2. Via email to PIA-Requests@co.hays.tx.us;

3. Via mail to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;

4. By-hand-delivery to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;

5. By fax to (512) 392-6500