Do You Need a Permit to Build a Pond in Texas?
- Short Answer: Usually Not. Here Is When You Do.
Most landowners building a stock pond in Texas do not need a permit. The state gives you a fair amount of room to impound water on your own property for your own use.
There are real exceptions though, and they are worth knowing before you move dirt. This is a plain-language guide, not legal advice.
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The 200 Acre Foot Exemption
Texas Water Code allows a landowner to impound up to 200 acre feet of water on their own property for domestic and livestock use without obtaining a state water right from TCEQ.
To put that in perspective: an acre foot is about 326,000 gallons. Two hundred acre feet is roughly 65 million gallons. A two acre pond at eight foot of average depth holds on the order of 5 acre feet. Ordinary ranch ponds are not remotely close to the ceiling.
The important qualifier is the purpose. The exemption covers domestic and livestock use. Impounding water for irrigation, commercial use or resale is a different conversation and generally does require a water right.
When You Do Need to Look Closer
Dam height and storage. Texas has a dam safety program administered by TCEQ, and dams above certain height and storage thresholds fall under it. Ranch ponds are usually well below, but a large lake with a tall dam can cross the line. Worth checking before you build tall.
Working in a floodplain. If your site is in a mapped floodplain, county floodplain administration applies and you will likely need a development permit. This is a county matter and the rules vary.
The Edwards Aquifer recharge zone. Sites over the recharge zone in Central Texas carry additional requirements aimed at protecting groundwater. If you are southwest of Austin or in parts of Hays County, check before you dig.
Damming a watercourse. Building across a defined stream is different from catching runoff in a draw. State waters belong to the state, and impounding a flowing watercourse can require authorization even at modest size.
Wetlands. If your site has jurisdictional wetlands, federal Clean Water Act permitting through the Corps of Engineers can apply.
County Rules Are Their Own Layer
State exemptions do not override county requirements. Travis, Hays, Williamson, Burnet, Bastrop and Caldwell counties each have their own development, floodplain and stormwater rules, and they are not identical.
In practice, for a stock pond on rural acreage away from a floodplain, most Central Texas counties are not going to require anything. But a five minute call to the county before you start is cheap insurance, and we will tell you when we think a call is warranted.
How We Handle This
We are dirt contractors, not attorneys or engineers, and we say so plainly. What we do is flag it. When we walk your site, if anything about it looks like it could touch a floodplain, a recharge zone, a defined watercourse or a dam-height threshold, we will tell you before we quote and recommend you confirm with the county or a licensed engineer.
For the large majority of ponds we build, none of this comes up.
For the full picture on pricing, see what a pond costs to build in Texas.
What Our Customers Say
★★★★★
“This is the second time using this company. And always quick responses and follow through! Their quality of work is the best in the industry. I’ve reached out to other companies before and usually slow to respond and set a date to come look at the property for a project and no show. That is something you won’t have to worry about by going with Texas Grading.”
Sean Chandler
★★★★★
“Worked with me to get my pond exactly how I wanted it. Taylor communicated well and was willing to cut me a fair deal when things weren’t exactly as expected. Jonathon is an ace with the dozer. The man can move some dirt like icing on a cake. Well done gentlemen!”
Dennis Pacl
★★★★★
“What a great experience. This company was prompt, and right on budget. They made a pond/tank for me on my ranch. The owner and his team were very professional.”
Glenn Gonzales
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“These guys are the best! Hands down, if you need any land clearing or ponds done on your property, do yourself a favor and call Taylor!”
David Williams
Frequently Asked Questions
Can I build a stock tank on my own land without a permit in Texas?
Generally yes. Texas Water Code allows impounding up to 200 acre feet for domestic and livestock use on your own property without a state water right, and ordinary stock tanks are far below that. Floodplain, recharge zone and watercourse situations are the exceptions.
What is an acre foot?
The volume of water covering one acre to a depth of one foot, roughly 326,000 gallons. The 200 acre foot exemption is about 65 million gallons, which is why ordinary ranch ponds are nowhere near it.
Does the exemption cover irrigation?
No. The exemption is for domestic and livestock use. Impounding water to irrigate a commercial crop is a different purpose and generally requires a water right from TCEQ.
What if my pond is fed by a creek?
That is the situation to look at carefully. Catching runoff in a draw is one thing. Damming a defined watercourse is another, because state waters belong to the state. If there is a named or mapped stream involved, check with TCEQ before building.
Do I need a permit to clean out or repair an existing pond?
Usually not, since you are restoring something that already exists rather than creating a new impoundment. Floodplain rules can still apply to the work itself. If you are also enlarging the pond significantly, that can change the analysis.
Is this legal advice?
No. We build ponds for a living and we know where the common thresholds sit, but rules change and every property is different. Confirm anything that matters with your county, TCEQ or a licensed professional.