Can I Build a Stock Tank Without a Permit in Texas?
By Trey Wilson, Texas Real Estate and Water Lawyer
It’s a common question for Texas landowners: Can I build a stock tank without a permit? In a state where ranching, water storage, and rural land development go hand in hand, the humble stock pond—also known as a “tank”—is as iconic as it is practical. But like many things in Texas property and water law, the answer depends on what you’re building, how you’re using it, and where it’s located.
Texas Water Code § 11.142: The Stock Tank Exemption
Texas law provides a powerful exemption that lets many landowners build and maintain stock tanks without a formal permit. The key provision is Texas Water Code § 11.142, which states that a person may construct a reservoir on their own property for domestic and livestock use without needing a permit from the Texas Commission on Environmental Quality (TCEQ).
This exemption is designed to allow rural landowners to collect and store surface water for personal and agricultural needs—without having to go through a complex and expensive permitting process. However, there are important limitations that every landowner should understand before bringing in the bulldozers.
What Is Covered by the Exemption?
The exemption under § 11.142 only applies if:
- The reservoir is constructed entirely within the boundaries of land owned by the person building it
- The stored water is used solely for domestic and livestock purposes
- The water is impounded from a non-navigable watercourse
Examples of permissible use under this exemption include:
- Watering cattle, goats, horses, or other livestock
- Supplying water to a rural household for cooking, cleaning, or lawn care
- Capturing runoff or flow from a small stream that is not legally navigable
What Is Not Covered?
The exemption does not apply in several common scenarios:
- The reservoir will be used for commercial irrigation, golf courses, or mining operations
- The water will be used for resale or delivered to third parties
- The tank is constructed on or impounds water from a navigable stream (which belongs to the State of Texas)
- The structure is built across multiple properties or encroaches on land not owned by the builder
Violating these limitations can result in enforcement action by the TCEQ, including fines, cease and desist orders, and possible dismantling of the structure.
What Does “Domestic and Livestock Use” Mean?
In water law, “domestic and livestock use” is a term of art. It generally includes water for household purposes, lawn and garden watering, and use by animals kept on the land. It does not include irrigating row crops for sale, operating a commercial fishery, or supplying water to a business or event venue.
This distinction matters—a lot. If a landowner builds a pond to support a vineyard, a wedding venue, or short-term rentals, the TCEQ could determine that the use is commercial in nature, disqualifying the exemption and triggering permit requirements.
How Big Can a Stock Tank Be?
There’s no specific size limit in § 11.142, but the size of the tank may trigger other laws—especially those related to dam safety. According to the TCEQ Dam Safety Program, any structure:
- Over 6 feet in height with a capacity of 50 acre-feet or more, or
- 25 feet or more in height with any capacity
may be regulated as a dam. This means it must be properly engineered, inspected, and maintained according to state safety guidelines. These rules apply in addition to the stock tank exemption and can affect construction even if a water permit is not required.
What If I’m in a Groundwater Conservation District?
Many parts of Texas fall within the jurisdiction of a Groundwater Conservation District (GCD), which may have additional rules affecting the construction of ponds or tanks that intersect with groundwater levels or recharge areas. While stock tanks typically collect surface water, shallow tanks may affect groundwater and trigger additional scrutiny from your local district.
It’s wise to check with your local GCD before building. Some districts require advance notice or registration, even for exempt uses.
What About Floodplains and Drainage Concerns?
Many counties and cities have floodplain regulations that affect excavation, embankments, and construction near natural drainage features. Even if you don’t need a TCEQ permit, you may still need approval from the county engineer or floodplain administrator, especially if your tank affects the flow of water onto neighboring property.
Failing to consider drainage can result in costly private litigation. Texas law generally holds landowners liable for altering the natural flow of water in a way that damages adjacent properties.
Real-World Legal Disputes
Here’s where many landowners get into trouble:
- Boundary issues: Tanks are mistakenly built across property lines or easements
- Wrongful use: Tanks are used to irrigate crops, for commercial purposes or supply short-term rental cabins
- Runoff conflicts: Downstream neighbors claim the new tank reduces or alters flow from the water course
- Subdivision problems: Tanks built for rural use are later sold with tracts in a restricted neighborhood, triggering violations
These disputes often land in court or before administrative bodies and can result in costly remedies, including removing the tank or paying damages.
Transferring Property With a Stock Tank
If you’re buying or selling property that includes a stock tank, it’s worth asking at least the following:
- Was the tank built legally under the exemption?
- Is the tank serving its original domestic/livestock purpose?
- Are there any local permits or safety inspections on file?
A well-drafted sales contract or disclosure form should address these questions and more. If you’re uncertain about the legal standing of a tank, consult a Water Lawyer before closing the deal.
Final Thoughts
The Texas Water Code gives landowners substantial freedom to construct stock tanks—but only if they follow the letter of the law. The exemption in Section 11.142 is powerful, but it’s not a free pass for any pond on any land for any reason.
If you’re considering a new stock tank—or if you already have one and aren’t sure whether it’s compliant—talk with someone who can guide you through the intersection of property rights, water law, floodplain policy, and neighbor relations. The smartest move is to build it right the first time—legally, safely, and without surprises down the line.
About the Author
Trey Wilson is a veteran Water Lawyer and real estate attorney based in San Antonio. For more than 25 years, he has represented Texas landowners in water rights, boundary disputes, property transfers, and regulatory issues across the state. Learn more at sanantoniorealestatelawyer.com.
