Texas Septic Regulations in 2026: What Homeowners Need to Know

TCEQ is rewriting Texas septic rules under House Bill 4087, requiring aerobic system maintenance contracts, 4-month inspections, and reports within 14 days of each visit.

If you own a home with a septic system in Texas, regulations aren't something you can ignore. About 25% of all Texas wastewater treatment happens through individual on-site sewage facilities, or OSSFs (TCEQ OSSF Program Data). That's over 2.2 million registered systems statewide, and the rules governing those systems are getting their biggest update in years.

The Texas Commission on Environmental Quality (TCEQ) is rewriting the entire Chapter 285 rulebook. That process started in 2023 and is expected to wrap up by late spring 2026. Whether you have a conventional system or an aerobic treatment unit, here's what you need to know right now.

What Are the Current Texas Septic Rules for 2026?

This table covers the core requirements that apply to every OSSF owner in the state:

Requirement	Conventional System	Aerobic System
Permit needed?	Yes (unless 10-acre exemption applies)	Yes, always
Maintenance contract	Not required after initial period	Required (licensed provider)
Inspection frequency	Recommended annually	Every 4 months (TCEQ mandated)
Pumping schedule	Every 3-5 years	Per manufacturer specs
Effluent testing	Not required	BOD5, TSS, fecal coliform every 4 months
Electronic monitoring	Not applicable	Optional (reduces inspections to every 6 months)
Report filing	Not required	Within 14 days of each inspection
Minimum tank size	750 gallons	Based on bedroom count

The 10-acre exemption means that single-family homes on 10+ acres with no other dwellings on the property don't need a formal permit. But that system still has to meet all Chapter 285 design and installation standards. A site evaluation is still required.

What's Changing in TCEQ's Chapter 285 Rulemaking?

TCEQ launched rulemaking project 2024-009-285-CE to overhaul all of Chapter 285, the most significant OSSF rule revision in over a decade. Staff submitted recommendations to the commissioners in September 2025 after stakeholder meetings held between December 2023 and March 2024.

Here's what the proposed amendments cover:

Subchapter A (General Provisions)

• Updated definitions and applicability language
• Performance-based permits for non-residential systems
• Third-party inspections allowed on newly installed or repaired systems
• Clarification that permits are not automatically approved if authorization to construct isn't issued within 30 days

Subchapter B (Local Administration)

• Counties can no longer ban specific system technologies across their entire jurisdiction
• TCEQ gains authority to require updates to local orders
• New procedures for program relinquishment or revocation, including charge-back fees

Subchapter D (Planning and Construction)

• Clearer rules on when a professional engineer is needed vs. a registered sanitarian
• Updated soil evaluation methods
• New exceptions for waterless systems and holding tanks
• Flow equalization required for multi-unit residential facilities

Subchapter F (Licensing)

• Professional geologists can now perform site evaluations without separate licensure
• Clarification on whether maintenance providers must employ technicians directly or can contract with them

Subchapter G (Enforcement)

• New requirement to handle standing or flowing wastewater during the 30-day repair period
• No more waiting out the clock while raw sewage sits on the ground

These changes haven't been finalized yet. TCEQ expects to publish them for a 60-day public comment period before adoption.

How Do House Bills 4087 and 5549 Change Septic Rules?

Two bills from the Texas Legislature are driving these regulatory changes.

House Bill 4087 (88th Legislature, effective September 2023) amended Texas Health and Safety Code Chapter 366 to modernize OSSF permitting. It expanded authorization for certain system types, addressed secondary treatment standards, and pushed TCEQ to revise Chapter 285 across all subchapters. It also introduced graywater separation provisions.

House Bill 5549 (89th Legislature, currently pending) builds on HB 4087 with proposed changes to penalty authority and fee collection. It would give TCEQ and local agents more enforcement muscle while adding permitting flexibility, and provides statutory backing for professional geologists performing site evaluations.

Both bills reflect the reality that Texas is growing fast and septic regulations need to keep up.

What Are the Maintenance Reporting Requirements?

The reporting rules depend entirely on what type of system you have.

Conventional systems: No formal reporting to the county. You're expected to pump every 3-5 years and keep the system in working order, but there's no paperwork to file. Bexar County is an exception. They require a $30 renewal every five years with proof of tank pumping.

Aerobic systems: This is where the requirements get serious. Under 30 TAC Chapter 285, every aerobic system owner must:

1. Maintain a contract with a licensed maintenance provider
2. Have the system inspected every 4 months (three times per year)
3. Get the provider to file a report with your county within 14 days of each visit
4. Keep a signed contract on file with the permitting authority at all times

The initial maintenance contract must cover at least two years from installation. After that, you renew before each contract expires, with at least 30 days' notice to the permitting authority.

Each inspection covers air pump operation, chlorine levels, sludge depth, alarm systems, spray heads or drip emitters, and electrical connections. The provider tests effluent for BOD5, TSS, fecal coliform, and chlorine residual.

According to Nathan Glavy, Extension Program Specialist with the Texas A&M Water Resources Institute's OSSF education program, "The 4-month inspection cycle for aerobic systems is the single most important compliance requirement homeowners need to understand. Missing even one report can trigger enforcement action from your county."

Can you maintain your own aerobic system? After the two-year initial period, homeowners in counties with fewer than 40,000 residents can self-maintain their single-family residence system. But many counties override this and require professional maintenance regardless. Check with your local permitting authority before assuming you can do it yourself.

Can Electronic Monitoring Reduce Aerobic System Inspections?

Aerobic systems with qualifying electronic monitoring can reduce inspections from every 4 months to every 6 months, saving one professional visit per year (30 TAC Chapter 285).

If your aerobic system has electronic monitoring with automatic telephone or radio notification that alerts your provider to equipment failures and tracks disinfection levels, the standard inspection frequency drops from every 4 months to every 6 months.

That means two professional visits per year instead of three. Over time, that savings adds up.

The monitoring system must be able to:

• Detect component or system failures
• Automatically notify the maintenance provider
• Track disinfection levels in real time

Your provider is responsible for verifying the monitoring equipment works correctly. If it goes down, you're back to the standard quarterly schedule until it's fixed.

The proposed Chapter 285 revisions are expected to further clarify electronic monitoring standards. Most residential aerobic systems in Texas don't currently have monitoring installed, but as costs drop and rules get clearer, that's likely to change.

How Much Do County Septic Permit Fees Cost in Texas?

Permit fees vary widely across Texas because each county (or city) authorized agent sets its own fee schedule. Here's what the major counties charge as of early 2026:

County/City	Conventional Permit	Aerobic Permit	Repair Permit	Notes
Collin County	$310	$335 (w/maintenance)	$100-$150	Reinspection: $75
Williamson County	$510	$710 (aerobic w/maintenance)	N/A	Non-conventional non-aerobic: $610
Denton (City)	$300	$500	$200	Non-refundable
Travis County	~$285+	Varies	Varies	Refund program in Gilleland/Walnut Creek watersheds
Bexar County	Varies	Varies	Varies	$30 renewal every 5 years for conventional
Harris County	Varies	Varies	$150 residential amendment	All systems require maintenance contracts
Tarrant County	Varies by city	Varies by city	Varies	Covers 23 cities + unincorporated areas

Fee data sourced from individual county fee schedules and permitting offices, verified January-February 2026.

Williamson County runs significantly higher than Collin County for the same type of permit. Travis County offers refunds of up to $505 in engineering costs, $285 in permit fees, and $100 in maintenance contract fees for homeowners replacing systems in the Gilleland and Walnut Creek watersheds.

Every county charges a $10 TCEQ state fee on top of local permit fees. Online portal applications add $7-$10 in platform fees.

What's the Difference Between Conventional and Aerobic System Rules?

The regulatory gap between these two system types is the single biggest factor in your ongoing compliance burden.

Conventional systems rely on a septic tank and drain field for treatment through soil absorption. No mechanical parts, no electricity, minimal oversight. If your soil has adequate permeability and enough separation from groundwater, this is the simpler path. You'll still need a licensed site evaluator or professional engineer to confirm soil conditions before installation.

Aerobic systems use aeration pumps for faster biological treatment and produce much cleaner effluent. They work on tighter lots and in poor soil. But the trade-offs are real: mandatory maintenance contracts, quarterly inspections, effluent testing, and a licensed provider relationship you can't skip.

Aerobic maintenance providers must hold a Class II OSSF Installer license (or Class C+ Wastewater Operator license), complete both Basic and Advanced Aerobic courses, pass the state exam, and pay $111 in application fees. Every technician under them also registers with TCEQ at $111 each. If your provider stops filing reports, the county can pursue enforcement against both the provider and you.

Bottom line for homeowners: If your soil supports it, a conventional system costs less upfront and has minimal ongoing compliance requirements. If your soil doesn't work for conventional, or your county requires aerobic, budget $500-$700 per year for the mandatory maintenance contract on top of the higher installation cost.

How Do the 2026 Changes Affect Texas Homeowners?

If you already have a working system and you're keeping up with maintenance, the 2026 rulemaking probably won't change your daily life much. But a few things are worth paying attention to:

If you're building or buying a new home: The proposed rules clarify when a professional engineer is needed for system design vs. a registered sanitarian. This could affect your project timeline and costs.

If you're in a county that restricted system types: The proposed ban on county-wide technology restrictions is significant. Some authorized agents have required specific system types across their entire jurisdiction. If the revised rules pass, you'll have more options.

If your system is malfunctioning: Repair deadlines under current rules are aggressive. First violation: 30 days to fix. Second within 12 months: 20 days. Third or more: just 10 days. The proposed enforcement changes add a requirement to handle standing wastewater during that repair period, not just fix the underlying problem.

If you have an aerobic system without a contract: Get one. This is the most common violation the TCEQ and county agents pursue. Harris County sends expired-contract cases to Justice of the Peace court as misdemeanors.

What to Do Next

1. Check your system type on your original permit or call your county health department
2. Verify your maintenance contract is current if you have an aerobic system
3. Ask your county about local requirements that may be stricter than state minimums
4. Watch for the TCEQ comment period on Chapter 285 revisions (expected spring 2026)
5. Get quotes from licensed providers in your area if you need a new maintenance contract

Find licensed septic providers near you to compare maintenance contract pricing and make sure you're covered.

Frequently Asked Questions

Do I need a permit for my septic system in Texas?

Yes, with one exception. Single-family homes on 10+ acres with no other dwellings are exempt from formal permitting (Texas Health and Safety Code Chapter 366, Section 366.051). But you still must comply with all Chapter 285 design and installation standards. Every other OSSF requires a permit from the county or city authorized agent.

How often does TCEQ require septic inspections?

For aerobic systems, inspections by a licensed maintenance provider are required every 4 months (three per year). If the system has qualifying electronic monitoring, that drops to every 6 months. Conventional systems have no mandated inspection schedule, but annual inspections are recommended to catch problems early and keep pumping on track.

Can I maintain my own aerobic septic system in Texas?

Possibly. After the initial two-year service period, homeowners of single-family residences in counties with a population under 40,000 may self-maintain their systems. But many counties have adopted stricter local rules that require professional maintenance regardless of population. Check with your permitting authority before dropping your contract.

What are the penalties for septic violations in Texas?

Penalties escalate based on violation history. For malfunctioning systems, you get 30 days to repair on first notice, 20 days on second notice within 12 months, and just 10 days on third notice. Maintenance providers who violate rules three or more times face license revocation (Texas Health and Safety Code Chapter 366). In some counties, operating without a valid maintenance contract is a misdemeanor prosecuted through Justice of the Peace courts.

What's changing in Texas septic regulations for 2026?

TCEQ is rewriting all of Chapter 285 through rulemaking project 2024-009-285-CE. Key proposed changes include allowing third-party inspections, prohibiting county-wide technology bans, updating soil evaluation methods, requiring wastewater abatement during repair periods, and allowing professional geologists to perform site evaluations. The proposed rules are expected for public comment in spring 2026.

How much does a septic permit cost in Texas?

Fees vary by county. In Collin County, a residential permit runs $310-$335. Williamson County charges $510-$710 depending on system type. The City of Denton charges $300-$500. Every permit includes a $10 TCEQ state fee. Repair permits are generally cheaper, ranging from $100-$200 at most counties.

---

Last updated: February 2026. This article reflects current TCEQ regulations under 30 TAC Chapter 285 and proposed changes through rulemaking project 2024-009-285-CE. Proposed rules referenced here are subject to change during the public comment process. Sources: TCEQ 30 TAC Chapter 285, Texas A&M Water Resources Institute, House Bill 4087 (88th Legislature), House Bill 5549 (89th Legislature)