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Comal County's Own Septic Rules, and Where They Go Past TCEQ

Comal County permits septic systems under the state's TCEQ rules, but its own order adds a dozen local rules on top. Several of them decide whether a lot works at all, and none of them show up in a generic Texas septic guide.

One state rulebook, one county order

The Comal County Commissioners Court adopted its on-site sewage facility order on 24 October 2013, and TCEQ approved it on 26 November 2013. The order adopts 30 TAC Chapter 285 and parts of Chapter 30, including future amendments, then lists stricter local rules in Section 10. Where a local rule is stricter, it wins.

The order covers all of Comal County except areas already regulated under another order, ordinance or resolution. The county's environmental health page also lists interlocal agreements with Bulverde, Fair Oaks Ranch, Garden Ridge, Schertz and Spring Branch. If you are inside a city limit, ask the county who permits there before you hire a designer.

Lot size: one acre on public water, 5.01 acres on a well

Sections 10.2 and 10.3 set minimum lot sizes for subdivisions created after 1 January 1988 that use individual septic systems. With a public water supply, each lot needs at least 1 acre. Where lots are not on public water, each needs at least 5.01 acres. Subdivision plats the Commissioners Court approved before the order was adopted are exempt.

These sit alongside the one-acre rule on the Edwards Aquifer Recharge Zone. Check both against your plat date.

A permit on any acreage

State rules let a single-family home on ten acres or more skip the permit and inspections if the system meets the standards and keeps every part 100 ft from the property line. Comal County removes that option. Section 10.4 requires a permit for every system in the county's jurisdiction, regardless of acreage. Large Hill Country tracts go through the same permit process as a half-acre lot.

Spray fields: 20 ft from the line, and nothing in them

TCEQ allows the spray area of an aerobic system to come within 10 ft of a property line, instead of 20, when a commercial timer runs the sprinklers. Section 10.13 of the Comal order says the separation between the property line and the edge of the surface application area can never be less than 20 ft. The county's letter to TCEQ explained that spraying could still happen outside the midnight to 5 a.m. window even with a timer.

Section 10.9 keeps man-made items out of the spray area, naming picnic tables, play equipment and barbecue pits. On a narrow lot, that 20 ft line can decide whether an aerobic system fits at all.

Floodplain, contributing zone and flowage easement checks

Three rules send you to another office before the county will act. Section 10.5 requires the County Flood Plain Administrator to confirm the property complies with the county's Flood Damage Prevention Order. Section 10.10 says that where 30 TAC §213.21 requires a Contributing Zone Plan, TCEQ's regional office must approve it before the county issues an authorization to construct. That state rule covers regulated activities disturbing five acres or more, or smaller ones within a larger common plan of development. Section 10.11 requires US Army Corps of Engineers approval before you apply, if any part of the system would sit in a Corps flowage easement. Our Canyon Lake page covers that case.

Smaller rules installers live with

Installers and apprentices must show their certifications at the job site on request (10.6). The reinspection fee is charged to the installer of record each time one is needed (10.7). The sewer line may not be smaller than the building's sewer stub-out (10.8). For new buildings other than single-family homes, the plans must show room to double the treatment and disposal area, and that reserve cannot hold structures, wells, easements or ponds (10.12).

Look it up yourself

Comal County puts more of its septic records online than many counties. Its environmental health page links to a permit search, the day's inspection results, the contributing zone and water pollution abatement plan maps, and upload portals for maintenance contracts and maintenance reports. If you are buying a house, the permit search is a quick way to see what was approved on the lot before you pay anyone to look.

County fees

The county's fee sheet, effective 1 January 2019, lists a sewage facility permit at $300 for under 500 gallons a day and $500 above that. Renewal is $80 within 12 months and $150 after. A remodel permit is $100, a re-inspection $150 and a holding tank permit $150, plus a $10 state fee. Confirm current amounts with Comal County Environmental Health, 195 David Jonas Drive, New Braunfels, (830) 608-2090, open 8 a.m. to 4:30 p.m. on weekdays. Our cost page covers the rest of the bill.

Questions people ask

Do I need a septic permit on 10 acres in Comal County?

Yes. Comal County's order requires a permit for every system in its jurisdiction regardless of acreage, so the state's ten-acre exemption does not help here.

Can my spray heads be 10 ft from the property line with a timer?

Not in Comal County. Section 10.13 of the county order sets 20 ft as the minimum in every case.

What minimum lot size applies to my subdivision?

For subdivisions created after 1 January 1988 using septic: at least 1 acre with public water, at least 5.01 acres without it. Plats approved before the 2013 order are exempt from these two rules.