Edwards Aquifer Authority rules, county building restrictions, and conservation easements.
Hill Country properties sit at the intersection of multiple regulatory layers: the Edwards Aquifer Authority, county governments, FEMA floodplain designations, and occasionally conservation easements. Understanding which rules apply to a specific property — and what they restrict — is essential before you commit.
Edwards Aquifer Authority (EAA) rules
Properties within the EAA jurisdiction — which includes much of Kendall County and portions of Bexar, Comal, and Bandera Counties — are subject to well permitting requirements, pumping limits, and reporting obligations. The EAA regulates groundwater withdrawals to protect spring flows at Comal Springs and San Marcos Springs, which support endangered species and downstream water rights.
Well permitting
New wells within the EAA jurisdiction require a permit before drilling. Existing wells are generally grandfathered but may have pumping limits based on historical use. If you plan to add a second well, increase pumping from an existing well, or convert a domestic well to irrigation use, EAA approval is required.
Recharge and contributing zones
The EAA also regulates activities in the aquifer's recharge and contributing zones. In the recharge zone, impervious cover limits apply — typically 15–20% of the total lot area — and certain stored substances (fuels, chemicals) are restricted or prohibited. These restrictions can limit the footprint of structures, driveways, and other impervious surfaces on the property.
Drought restrictions
When the J-17 index well level in Bexar County drops below established thresholds, the EAA imposes mandatory pumping reductions. During Stage 4 restrictions (the most severe), permitted pumping may be reduced by up to 40% from authorized levels. A property that relies on irrigation from a permitted well is directly affected by these curtailments.
County-specific building restrictions
Texas counties have limited land-use authority compared to many other states — there is no countywide zoning in most Texas counties. However, each Hill Country county administers its own building permit process, septic permitting, subdivision regulations, and flood damage prevention ordinances.
Kendall County
Requires building permits for new construction and substantial renovations. Septic permits are processed through the county. Subdivision regulations apply to parcels being split from larger tracts. The county administers floodplain development permits in unincorporated areas.
Bexar County
Building permits required in unincorporated areas. More extensive development regulations than most Texas counties, including tree preservation ordinances in certain areas. Properties within San Antonio city limits are also subject to municipal codes.
Comal County
Permitting requirements similar to Kendall County. Septic regulations administered by the county. Properties near Canyon Lake or the Guadalupe River may have additional floodplain or waterway setback requirements.
Bandera County
The most permissive of the four counties. Limited building permit requirements in unincorporated areas. Septic permits are still required. Subdivision regulations are less restrictive, which can mean fewer hurdles — but also less oversight of neighboring development.
The practical difference between counties: what is permitted by right in Bandera County may require a variance in Kendall County. If you are comparing properties across county lines, factor the regulatory environment into your timeline and budget.
Floodplain considerations
Hill Country terrain creates flood risk that is not always obvious — particularly in low-lying areas near creeks and rivers during flash flood events. The region's combination of thin soil, steep slopes, and intense rainfall events produces rapid runoff that can overwhelm drainage channels in minutes.
FEMA flood zone maps should be checked for every property. Properties in Flood Zones A or AE (the 100-year floodplain) may require flood insurance and elevated construction standards. Flood insurance in these zones typically costs $700–$2,000+ per year depending on elevation and construction type.
A critical nuance: even properties outside designated flood zones can experience localized flooding during intense Hill Country rain events. The FEMA map shows riverine flooding risk; it does not predict surface-water runoff patterns on individual lots. A property at the bottom of a slope with impermeable limestone underneath is at risk regardless of what the flood map says.
Conservation easements
Some Hill Country properties carry conservation easements — legal agreements that restrict development in perpetuity. These easements are recorded on the property's deed and are binding on all future owners. They are typically held by a land trust or government agency and may limit subdivision, construction, tree removal, agricultural use, or commercial activity.
A conservation easement is a permanent restriction. It survives the sale of the property and cannot be removed by a future owner. The easement terms are negotiated between the original landowner and the easement holder at the time the easement is granted; once recorded, the terms are fixed.
If a property has a conservation easement, buyers must review the full easement document before closing. The title commitment will identify the easement, but the title commitment does not summarize the restrictions — it only confirms the easement exists. The easement document itself specifies what is allowed and what is prohibited. If you are planning to build additional structures, subdivide, clear trees, or change the land use, those plans must be checked against the easement terms before you commit.
Sources
- •Edwards Aquifer Authority — Well permitting, pumping limits, recharge zone maps, and drought restriction stages. edwardsaquifer.org
- •FEMA Flood Map Service Center — Flood zone designations for Hill Country properties. msc.fema.gov
Last verified: June 2026