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Commercial permit guide

Who permits a commercial building in Boerne, Kerrville, Fredericksburg and New Braunfels?

The city limit decides which desk reviews your plans. Inside these four cities, the city building department issues the commercial permit and inspects the work. Outside it, none of these counties publishes a general county building code on the pages read. What you answer to instead is a county fire code permit in Kendall and Comal, plus septic, floodplain and driveway approvals.

By The Hill Country Barn Builders editorial team Reviewed September 2026

The short version

  • Boerne: Permitting and Code Compliance permits, reviews and inspects inside the city. Outside, Kendall County has no zoning and no building code for homes, but wants a development permit and a fire code permit before ground is broken.
  • Kerrville: the Building Inspection Division permits any building over 200 square feet. Outside, Kerr County requires no building permit or certificate of occupancy, and no county page read names a fire marshal or a fire code.
  • Fredericksburg: the Building Department permits, reviews and inspects, after a zoning check and a Development Review Committee meeting. Outside, Gillespie County lists no county building permit, but wants a determination form before any development.
  • New Braunfels: the Building Division permits and inspects, with plans reviewed in ProjectDox. Outside, Comal County's Fire Marshal issues the building permit, not a building department.
  • In every extraterritorial jurisdiction here, state law bars the city from regulating a building's use, bulk, height or size. Platting still reaches the ETJ, and in Boerne so does a grading permit.

City, county and state sources read September 16, 2026.

The city line decides the desk

If your lot is inside the city limits, this is simple. Boerne's Permitting and Code Compliance, Kerrville's Building Inspection Division, the Fredericksburg Building Department and the New Braunfels Building Division each issue the commercial permit, review the plans and inspect the work.

The extraterritorial jurisdiction is where you can get this wrong. Local Government Code Sec. 212.003(a) says a city may not regulate, in its ETJ, what a building or property is used for, how many buildings go on a particular tract of land, how bulky or tall they are, or the size of a building that can be built there. Sec. 212.049, in the separate development plat subchapter, adds that that subchapter does not authorize a city to require building permits or enforce its building code there. Platting is what does reach out there, and without a plat compliance certificate a utility may not connect water, sewer, electricity or gas. So start from a map, not your mailing address.

Boerne, and Kendall County outside it

Permitting and Code Compliance issues the commercial permit and inspects all construction in the city limits, on My Government Online since July 14, 2025. New commercial construction costs $0.53 for each of the first 5,000 square feet, then $0.15 a foot beyond that, with in-house plan checking at 53 percent of the permit fee. Those are October 1, 2025 figures; Council adopted a replacement on September 10, 2026, effective October 1, 2026. City code also wants a survey of the foundation forms by a licensed surveyor before the pre-pour inspection.

The ETJ runs one mile. The Unified Development Code extends five chapters into it, and building codes and permits are not among them. Two of those reach a commercial ETJ lot hardest: you need a grading permit once you disturb 0.10 acre, and impervious cover on a commercial development is capped at 70 percent, checked at plat review.

Unincorporated Kendall County has no zoning and has not adopted building codes for single-family homes. The County Engineer works in order: the 911 address and access permit first, then the development permit, which has to be approved before a septic or well permit issues. A commercial development permit is $1,000 on its September 1, 2023 fee schedule. Over that sits the county Fire Code, the 2021 International Fire Code adopted September 13, 2021: no commercial construction starts without a Fire Code permit, the Fire Marshal has 30 days to rule on it, and a Certificate of Compliance comes before occupancy.

Kerrville, and Kerr County outside it

The Building Inspection Division of Development Services runs the permits, and any building over 200 square feet needs one. Everything goes through MyGovernmentOnline. Nothing enters review until the plan review fee is paid, and from there the city has 10 business days to issue the permit or return comments, with each resubmittal starting another 10. Permit fees are $50 up to $1,000 of value, then $5 per $1,000, and plan review adds another 50 percent of the permit fee. The Fire Marshal reviews the site plan first, then civil plans, then building plans, and wants hydrants and fire lane access roads in before vertical construction starts.

Platting reaches the one-mile ETJ, but the city's building permit, contractors, code and IBC adoption pages never mention it, so the city has not answered that in writing. Kerr County states it requires no building permits or certificates of occupancy, and has no zoning. The County Engineer permits floodplain development, $400 for a commercial application, plus driveways and right-of-way work, and since August 7, 2026 the county has required a septic permit for every new system regardless of tract size. No county page read names a fire marshal or a fire code.

Fredericksburg, and Gillespie County outside it

The Building Department sits inside Development Services, and city code requires a permit for any building built, altered or moved in the city. The published commercial sequence is a zoning check, a Development Review Committee meeting held Thursdays by appointment, a meeting with the Building Department, then drawings. The certificate of occupancy comes after every department has inspected.

A new commercial permit runs $0.55 for each of the first 5,000 square feet and $0.30 for each foot after that. That is the schedule effective March 25, 2026. A December 2024 city newsletter still prints the older $0.50. Plan review is 50 percent of the permit fee in house. City code also wants a form survey by a licensed surveyor before any slab is poured.

One mile out, the city enforces its Subdivision Ordinance and its Sign Regulations, and by its own FAQ not its building codes. Unincorporated Gillespie County has no building permit and no building code on the Engineering Department page or the county brochure revised September 2025. Engineering wants a Development Permit Determination Form before any development. It carries no fee, and since August 1, 2025 it has to be signed off before a septic application is complete. A right-of-way permit for a non-residential improvement is $500.

New Braunfels, the ETJ and the county line

Sec. 14-5 of the city code says nobody builds on, alters, excavates, fills or otherwise changes a building, a structure or land inside the city without a permit from the building official. Commercial plans go through ProjectDox, with a first response in roughly 20 business days and a new review timeframe on any resubmittal. Examiners for Engineering, Planning, Fire, Building, Health and Waste Management review in parallel.

Three checklist items are easy to miss: an engineered foundation letter, on the city's own form, for new construction over 500 square feet; the TDLR Project Registration Confirmation Page over $50,000; and, over the Edwards Aquifer recharge zone, a TCEQ approval letter. The application fee is $100 and plan review is 25 percent of the permit cost, capped at $15,000. New construction at $100,000 or more must involve a licensed design professional, and Sec. 118-41 bars a building permit or a utility connection unless the lot is recorded by final plat. Engineering and site work are priced in the cost calculator.

New Braunfels reaches 3-1/2 miles out, where Sec. 118-3(d) leaves a building's use and its size on a tract unregulated by the city. A November 2022 notice ceded subdivision platting authority over the Guadalupe County portion of that ETJ to Guadalupe County, effective November 15, 2022, and which county the lot sits in changes the rest. In unincorporated Comal County a new commercial or public building takes a building permit from the County Fire Marshal, who may hold the application until TDLR has the project registered. The business may not open without the Certificate of Compliance. Guadalupe County adopted the 2024 International Fire Code on January 27, 2026, effective February 1, 2026, and that order names its Fire Marshal as the building official.

The county permits that still apply outside every city

Septic. Every county here permits on-site sewage. Kendall County must approve or deny within 30 days. Gillespie County requires approved wastewater disposal in all areas regardless of acreage, and Guadalupe County charges $600 for a commercial system. More in the septic and OSSF guide.

Floodplain. Comal County requires all new construction to apply for a floodplain development permit, at $40, to decide whether the structure sits in a special flood hazard area. Kendall County's Engineer is the Floodplain Administrator, including inside Boerne's ETJ, and Gillespie County requires a permit for any work in a flood-hazard boundary area.

Driveways and the right of way. Kendall County wants an access permit ahead of the development, septic and well permits, and Comal County a PIPROW permit with a $25 application fee. Kerr County's own pages disagree on whether its driveway permit carries a fee. Access onto a state highway goes to TxDOT instead, with no fee but a required permit.

The county fire code. Local Government Code Chapter 233 lets a county over 250,000 in population, or one next to such a county, adopt a fire code, limits it to commercial establishments, public buildings and multi-family dwellings of four or more units in the unincorporated area, and makes a county building permit mandatory for them. Kendall, Comal and Guadalupe counties have adopted one. Kerr and Gillespie, on the pages read, have not.

The state layers on top

TDLR accessibility registration. Plans for a covered building go to the Texas Department of Licensing and Regulation when the estimated construction cost is at least $50,000. Government Code Sec. 469.102 bars the owner from filing a permit application before the plans go in, and bars the permit official from accepting one without verifying the registration. Detail in the TDLR registration guide.

The Edwards Aquifer plan. TCEQ's rule is built around eight named counties. Comal is one of them; Kendall is not in the rule at all. Where it applies, the plan has to be filed and approved before construction of a regulated activity starts. TCEQ regulates only part of the Edwards Aquifer, and the official boundaries are whatever its maps show, so if your parcel sits near the Comal line, check it in TCEQ's map viewer. More in the Edwards Aquifer guide.

Construction stormwater. TCEQ's construction general permit, TXR150000, renewed effective March 5, 2023, reaches a site that discharges stormwater to surface water and disturbs an acre or more of soil; under an acre it does not, unless the site is part of a larger common plan. Where it applies, the site needs a stormwater pollution prevention plan (SWPPP), written and in use before work starts.

One independent builder prices and builds these across all four cities, from shops and garages to metal building homes. The commercial page covers the building itself, and the slab and foundation page covers what goes under it.

City by city, at a glance

Who permits a commercial building, by location
City Inside the city limits In the ETJ In the unincorporated county
Boerne Permitting and Code Compliance: permit, plan review, inspections. One mile. No city building permit or code. Platting applies, plus a grading permit at 0.10 acre and a 70 percent impervious cover cap. Kendall County: no zoning, no building code for homes. Development permit ($1,000 commercial) and a Fire Marshal fire code permit first.
Kerrville Building Inspection Division: permit for any building over 200 square feet, and 10 business days of plan review. One mile. Platting applies. The city's permit and code pages never mention the ETJ. Kerr County: no building permit, certificate of occupancy or zoning. Floodplain, driveway and septic permits only, and no county fire code found.
Fredericksburg Building Department: permit, plan review, inspections, after a zoning check and a committee meeting. One mile. Subdivision and sign rules apply, and no building permits by the city's own FAQ. Gillespie County: no county building permit or code. Development Permit Determination Form before any development, plus right-of-way, floodplain and septic.
New Braunfels Building Division: permit and inspections, plans in ProjectDox, and the lot must be on a recorded final plat. 3-1/2 miles. Subdivision review and off-premise signs. Subdivision platting in the Guadalupe County portion was ceded to Guadalupe County in 2022. Comal County: the Fire Marshal issues the building permit and the certificate of compliance. Guadalupe County: the same under a fire code effective February 1, 2026.

Sources and where to verify

Keep reading

Frequently asked questions

My lot has a Boerne address but sits outside the city limits. Who issues the permit?

Kendall County, and not as a building permit. The County Engineer issues a commercial development permit, $1,000 on the fee schedule effective September 1, 2023, and the county Fire Marshal issues a fire code permit that has to be in hand before ground is broken on a commercial establishment. The county has no zoning and has not adopted building codes for single-family homes. The 911 address and access permit come first, then the development permit, which must be approved before a septic or well permit issues.

Do I need a city building permit if my lot is in the ETJ?

No city building permit, on the record. Sec. 212.049 sits in the development plat subchapter, and nothing there lets a city demand a municipal building permit in the ETJ or apply its building code out there. Fredericksburg prints the same answer in its own FAQ. Platting still reaches the ETJ in Boerne, Kerrville, Fredericksburg and the Comal County part of the New Braunfels ETJ; New Braunfels ceded subdivision platting in its Guadalupe County portion to the county effective November 15, 2022. Boerne also wants a grading permit at 0.10 acre of disturbance, and caps commercial impervious cover at 70 percent.

How long does commercial plan review take in each city?

Boerne publishes 30 days for the first review of new commercial construction and 14 days for the secondary review, or 21 and 14 where there is no site development. Kerrville has 10 business days to issue the permit or return comments. New Braunfels says about 20 business days for a first response. Fredericksburg publishes 45 to 60 days for building permits and 30 to 45 days for the site plan, plat or zoning step ahead of them. Kerrville and New Braunfels both restart the clock on a resubmittal.

If the county has no building code, does anyone inspect the work?

In Kendall and Comal counties, yes. Kendall County adopted the 2021 International Fire Code under Local Government Code 233.061, and Comal County amended its own fire code to the 2024 edition in March 2024. Both cover commercial establishments, public buildings and multi-family dwellings of four or more units in the unincorporated area. The county Fire Marshal reviews the plans, issues the permit and inspects, and the building may not be occupied until a certificate of compliance issues. Kerr and Gillespie counties publish no fire code, so septic, floodplain and right-of-way permits are what the county reviews.

Does my builder have to register with the city before applying?

In all four cities. Boerne requires registration to work in the city limits and to submit a permit application, at $100 for homestead properties and $150 for others. Kerrville requires a $5,000 surety bond and $300 the first year, or $150 for a one-time project. Fredericksburg charges $400 new and $200 to renew, with a bond of at least $5,000. New Braunfels charges $200 and $1,000,000 of liability insurance, and issues the permit only to a registered contractor. Kerrville and Fredericksburg call it a license; each is a city registration, not a state license.

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