Do You Need a Permit to Clear Land in Hays County?
It depends on where your land sits and what the work does to the soil. Texas has no single land clearing permit for the whole state. The answer comes from the offices that have a say over your lot.
Inside a city, city rules can call for a permit to clear land or remove trees. Some of those rules also reach the ETJ, the extraterritorial jurisdiction just outside the city limits. State rules can apply over parts of the Edwards Aquifer. They can also apply when a job disturbs an acre or more of soil.
Intex Rock and Cedar Solutions does land clearing in Kyle and across the Hill Country. This guide is education from public sources, not legal advice.
What decides whether clearing land needs a permit?
Six questions settle it for most lots in Hays County. Each one points to a different office or rule.
| Question about your land | Who has the answer |
|---|---|
| Is it inside a city’s limits or its ETJ? | That city’s permit office |
| Is it in the unincorporated county? | Hays County Development Services |
| Does it sit over a regulated part of the Edwards Aquifer? | TCEQ, the state environmental agency, and its map viewer |
| Will the work disturb an acre or more of soil? | TCEQ’s construction stormwater rules |
| Will brush piles be burned? | The county burn ban, plus city rules in town |
| Will anyone dig 16 inches deep or more? | Texas 811, at least two business days ahead |
The kind of work matters as much as the place. Mulching cedar and brush in place leaves the ground where it is. Grading a pad or milling rock works the soil itself, and more rules look at that.
Do you need a permit to clear land inside Kyle?
Kyle requires a permit before any construction on property inside the city limits. The city’s list includes driveways, culverts and demolition. If clearing is part of building a home or a drive, call the city permit office first.
Kyle’s tree code also reaches cedar. Cedar (Ashe juniper) 25 caliper inches or larger must follow the city’s tree removal process. The code says the reason is to preserve golden-cheeked warbler habitat. Ask the city about large cedar before work starts.
What do Buda, San Marcos, Dripping Springs and Wimberley require?
Each city writes its own rules, and some of them reach into the ETJ.
Buda. Development Services says permits are generally required for work on structures, sites, trees and driveways. Tree removal in the city limits and the ETJ is on the city’s list of jobs that need a permit.
San Marcos. The city sets a tree size for permitted work. Any tree 9 inches or larger across, measured 4.5 feet above natural grade, counts as regulated.
Dripping Springs. The city code counts clearing or removing vegetation as development. Development in the city limits or the ETJ needs a site development permit first. Pruning and regular upkeep on developed property do not count.
The code lists exceptions, such as farming the land and building or rebuilding a fence. Whether a clearing job fits one is the city’s call. For commercial projects, the city’s tree ordinance prohibits removing heritage trees, 18 inches or larger of specific species.
Wimberley. Building permits come from the city’s Permitting Department at City Hall. Complete demolition of a building also needs a permit. For clearing in town, ask that office first.
State law limits one city charge at your own home. A city may not charge a tree mitigation fee for a tree under 10 inches in diameter. That applies at an existing one- or two-family home where you live.
Does the Edwards Aquifer change the rules for clearing?
It can. TCEQ says a regulated activity over the Edwards Aquifer needs a TCEQ-approved plan before soil is disturbed. Its examples include construction and land clearing.
Only portions of the aquifer are regulated. The state’s aquifer rules name Hays County. TCEQ’s map viewer shows whether your lot sits over a regulated zone.
On the recharge zone, the rule lists clearing and excavation that disturb the site as regulated activities. Clearing of vegetation without soil disturbance is not a regulated activity. The rule also leaves out agricultural activities, except feedlots. It leaves out single-family homes on lots larger than five acres, one home per lot.
On the contributing zone, the rules apply only to jobs that disturb at least five acres. Smaller jobs count when they are part of a larger plan that could disturb five acres or more.
Forestry mulching grinds cedar and brush in place and leaves the mulch on the ground. Grading and rock milling work the ground itself. Whether your job counts as a regulated activity is TCEQ’s call.
Do you need a stormwater permit for land clearing?
Sometimes. TCEQ’s construction stormwater permit covers construction that discharges stormwater and disturbs an acre or more of soil. A house pad or a new road is site work that moves soil. If your plan includes one, ask TCEQ or the city about this rule early.
Can you burn brush piles after clearing land?
Often, but check first. State air rules let the owner, or someone the owner authorizes, burn brush and other plant growth on site. The brush must come from that property, and conditions apply. In some counties, land clearing brush may be burned only when no practical alternative exists.
City rules can ban burning inside city limits. San Marcos prohibits open burning of brush inside its city limits at all times.
State law lets the county commissioners court ban or limit outdoor burning in the unincorporated area. It can act during drought or for public safety. The Texas A and M Forest Service posts a statewide burn ban map. Check the county’s ban before any pile is lit.
On a cedar clearing job, cedar can be mulched in place or cut and pushed into burn piles for you. Mulched cedar stays on the ground, so there is no pile to burn.
When do you need to call Texas 811 before clearing land?
Call before anyone digs. State law defines excavation as using mechanized equipment to disturb soil 16 or more inches deep. The definition names grading, ripping, scraping and auguring, so post holes count.
The one-call center asks diggers to contact 811 at least two business days ahead, not counting weekends and holidays. By statute, notice goes in no earlier than the 14th day and no later than the 48th hour before digging.
State law exempts activities on private property tied to agricultural operations. The call is still a good idea on ranch work. Inside Kyle, the city’s own water, wastewater and stormwater lines are not part of the Texas 811 ticket. The city takes its own locate requests.
What order should you check things in?
- Find out whether the lot is inside a city’s limits, in its ETJ, or in the unincorporated county.
- Look up the lot on TCEQ’s Edwards Aquifer map viewer.
- Call the office that has the say: the city in town, or Hays County Development Services in the county.
- Check the county burn ban before any pile is lit, and call 811 before any digging.
- Get a written quote. It names what the job involves.
For market numbers, see our guide to land clearing cost per acre. Intex looks at the land and puts the quote in writing. Call or text (737) 317-7625 for a free estimate on land clearing around Kyle and the Hill Country.