Do I Need a Permit or Registration for a Water Well in Montgomery County, TX: What Homeowners Must Know
Planning to drill a water well in Montgomery County involves more than choosing a location and scheduling a drilling rig. The Lone Star Groundwater Conservation District (LSGCD) regulates groundwater wells throughout Montgomery County, and a new well generally needs district authorization before drilling begins.
For many homeowners, the key distinction is between an exempt well and a non-exempt well. An exempt domestic or livestock well may not need an operating permit, but a new exempt well still generally requires registration and a Notice to Proceed from LSGCD. A new non-exempt well requires an operating permit before drilling, construction, or operation.
The rules changed effective January 1, 2026, so older summaries of Montgomery County well requirements can be misleading. The sections below explain the current framework homeowners should understand before moving forward with a new private well.
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What Montgomery County Property Owners Must File Before Drilling
The first step is to determine the intended use of the well and whether it qualifies for an exemption from LSGCD's operating-permit requirements. Registration, drilling authorization, and operating permits are related, but they are not the same thing.
Lone Star Groundwater Conservation District Governs Montgomery County Groundwater
Montgomery County is within the boundaries of the Lone Star Groundwater Conservation District. That means a Conroe-area homeowner does not need to determine which neighboring groundwater district covers the property before starting the process.
LSGCD manages well registration and permitting within the county. Under the district's current rules, no person may drill a well without first obtaining either a permit, which serves as the Notice to Proceed, or a separate Notice to Proceed for a registered exempt well.
For a typical new domestic well, the homeowner should identify the proposed water use, well location, expected pump capacity, casing size, and other information required by the district before drilling begins.
District Registration Is Separate From Well-Siting Rules
Approval to drill also depends on where the well will be located. Current LSGCD rules generally require new exempt and non-exempt wells to be at least 50 feet from the nearest adjacent property line unless an approved spacing exception applies.
Texas private-well construction rules also address separation from contamination sources. TDLR guidance identifies minimum distances such as 50 feet from a septic tank and 100 feet from septic drain fields or spray areas when the standard construction requirements are used.
Properties inside municipal limits, an extraterritorial jurisdiction, a utility district, or a regulated floodplain can have additional requirements that are separate from LSGCD well registration. Those requirements should be checked with the appropriate local agency before the well location is finalized.
Registration, Notice to Proceed, and Operating Permit Differences
These terms serve different purposes:
Requirement | What It Means
| When It Applies
|
|---|---|---|
Well Registration | Records the well and its proposed use with LSGCD | Required for new exempt domestic and livestock wells, subject to limited rule exceptions |
Notice to Proceed | District authorization allowing drilling of a registered exempt well | Must be issued before drilling a new exempt well |
Operating Permit | Authorizes a new non-exempt well and groundwater production under district rules | Required before drilling, constructing, or operating a new non-exempt well |
Being exempt from an operating permit does not mean a homeowner can simply drill first and file paperwork later. The district's authorization must be in place before a new exempt well is drilled.
When a Domestic or Livestock Well May Qualify as Exempt
A homeowner should not assume that every residential well automatically qualifies as exempt. LSGCD's current rules tie the exemption to the well's construction date, intended use, capacity, casing size, and property characteristics.
Current 2026 Exemption for New Domestic and Livestock Wells
For wells completed on or after January 1, 2026, LSGCD's current exemption includes a well that:
- Has an inside casing diameter of 5 inches or less
- Is incapable of producing more than 25,000 gallons per day
- Is used solely for qualifying domestic or livestock use
- Is located on a tract of 1.5 acres or larger, unless the lot was recorded or listed on the Montgomery County tax rolls before December 1, 1986
Older wells can fall under different exemption categories, so the current new-well criteria should not be used to classify every existing well in the county.
If a property is smaller than 1.5 acres, the district rules deserve particular attention. Current registration requirements also state that an applicant agrees to contact the Montgomery County Health Department when a well is to be drilled on less than 1.5 acres.
What Counts as Domestic Use Under District Rules
LSGCD defines domestic use as groundwater used by a single household for essential residential purposes. That can include drinking, washing, cooking, residential landscape watering of no more than one acre contiguous to the residence, a family garden or orchard, watering domestic animals, and filling a residential swimming pool or hot tub.
Domestic use does not include water used for commercial activity, a public water system, or irrigation of crops in fields or pastures. If the proposed use goes beyond the district's definition of domestic or qualifying livestock use, an operating permit may be required even when the well is located on residential property.
When an Operating Permit Is Required
A new non-exempt well must obtain an LSGCD operating permit before drilling, construction, or operation. Non-exempt uses can include commercial, industrial, public-supply, and agricultural irrigation applications that do not fit an exemption.
The important point is that the use and design of the well determine the regulatory path, not simply whether the property owner calls it a "private well." If the well's use, pump, or production capacity changes later in a way that causes the well to lose its exempt status, the owner may need an operating permit or permit amendment before making that change.
Statewide Texas Requirements That Also Apply
LSGCD handles local groundwater registration and permitting, but Texas also regulates who may offer water-well drilling services, how private wells are constructed, and how well reports are filed.
Hiring a Water Well Driller in Texas
Texas requires a license to offer or perform water-well drilling services for others. TDLR regulates private water-well drilling and pump installation and provides an online license search that property owners can use to verify a contractor's status.
Texas law does contain a landowner exception: a person who drills a water well on their own property for their own use is excluded from the statutory definition of a water well driller. That exception does not remove LSGCD registration, authorization, siting, construction, or reporting requirements that apply to the well itself.
For homeowners hiring a contractor, verifying the appropriate TDLR license before work starts is a practical step.
State of Texas Well Report and the 60-Day Deadline
After drilling, deepening, or otherwise altering a water well, the driller must prepare an accurate well log. Texas law requires a copy to be provided to the appropriate agencies and the well owner no later than the 60th day after completion or cessation of the work.
The report records useful information such as well location, total depth, casing, water-bearing strata, and other construction details. Keep the owner's copy with the property's permanent records because it can be useful for future pump work, diagnostics, repair, property transactions, or well plugging.
Texas Water Development Board resources can be used to locate many submitted well reports. Reports from 2003 forward are generally available through the Submitted Drillers Reports database, while earlier paper reports may be available through the TCEQ Water Well Report Viewer.
Private-Well Construction Standards Come Through TDLR
For a private well, TDLR regulates well drilling and pump installation under Texas law and administrative rules. TCEQ has a different role for wells that are part of regulated public water systems.
Private-well standards address issues such as location, casing, annular sealing, surface completion, protection from contamination, and proper completion of water-bearing zones. LSGCD can add local requirements, such as its 50-foot property-line spacing rule and additional spacing rules for non-exempt wells.
The well site should therefore be selected only after both state construction requirements and district spacing requirements have been considered.
A Practical Checklist Before Drilling a Water Well
The simplest way to avoid delays is to make regulatory checks part of the project planning instead of treating them as paperwork to complete after a drilling date is set.
Confirm the Intended Water Use and Exemption Status
Before applying, write down how the well will actually be used. Is it solely for one household? Will it irrigate more than one acre of residential landscaping? Will it serve livestock, a business, rental units, agricultural crops, or another use?
Then compare that use with the current LSGCD exemption rules. For a new exempt well, the registration must be approved and a Notice to Proceed issued before drilling. For a new non-exempt well, the required operating permit must be obtained before drilling.
Because district rules can change, use the current LSGCD rules and forms rather than relying on an old permit guide or a neighbor's well classification.
Choose a Compliant Well Location Before Finalizing the Application
The proposed location should be checked against the district's property-line spacing and Texas separation requirements for septic systems and other contamination sources. Also consider whether the property lies in a flood-prone area or another jurisdiction that has additional development requirements.
Available well reports from nearby properties can help with general planning for depth and aquifer conditions, but they do not guarantee the depth, yield, or water quality of a new well on your property.
A final well location should satisfy regulatory spacing while remaining accessible for drilling, pump installation, and future service.
Keep Registration, Authorization, and Well Records
Keep copies of the approved registration or operating permit, Notice to Proceed if applicable, State of Texas Well Report, pump information, and any district correspondence.
Under current LSGCD rules, a new exempt well must be drilled and completed within 120 days after the Notice to Proceed is issued. After completion, the person who drills or completes the exempt well must file the Driller's Well Report with the district within 60 days.
Future changes also matter. Altering the well, changing pump capacity, changing the type or location of use, or transferring ownership can require an amended registration, permit action, or ownership transfer with LSGCD.
If you are planning a new well in Conroe or elsewhere in Montgomery County, review the current district requirements before drilling and contact Conroe Water Well Service to discuss the drilling project and request an estimate.