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Collin County, Texas (unincorporated)

Collin County Subdivision Bonds, Plat Security and Right-of-Way Terms

In unincorporated Collin County, the subdivision regulations effective October 5, 2026, give a developer two choices: let the County hold the approved plat until the roads and drainage are accepted, or post a performance bond, cash or a letter of credit equal to the estimated construction cost for two years from recording. Either way, no home or commercial building may start until the County accepts the roads and drainage, and acceptance requires a maintenance bond for 100% of the road and drainage cost that runs two years. Cities and their ETJs can follow their own rules, and roads in an ETJ follow whichever standard is stricter.

A Central Texas Hill Country neighborhood under construction, with a framed home, formed slabs and a dozer among live oaks, finished stone homes around it and a lake in the distance

Key Decision Points

  1. The rules apply to unincorporated Collin County; a city with platting authority in its ETJ under an interlocal agreement sets its own requirements.
  2. The standard election holds the plat until acceptance, and no lots may be sold until the plat is recorded.
  3. A performance bond or financial guarantee equals the engineer's estimated construction cost and runs two years from recording, with the County Judge as obligee.
  4. No residential or commercial construction may start on a lot until the County accepts the roads and drainage, even with a bond posted.
  5. The maintenance bond is 100% of the road, sign and drainage cost for two years from acceptance, and private roads carry the same bonding.

Where the County Rules Apply and Where a City Takes Over

This page covers subdivisions in unincorporated Collin County. The County's Subdivision Regulations were adopted by Order 2020-957-09-28 and revised by Court Order 2026-1138-10-05, with an effective date of October 5, 2026. Texas counties regulate subdivisions under Local Government Code chapter 232, and the bond and letter of credit provisions in these regulations point to sections of that chapter.

The County rules exclude land in a city's extraterritorial jurisdiction where an interlocal agreement gives that city platting authority. Inside city limits, each city sets its own bond and insurance requirements, which is why a Frisco or Celina project reads differently from a County plat. For roads built in an ETJ, the regulations say the city's rules or the County's rules apply, whichever are more stringent, so a developer can face County bonding with city design standards on the same street.

Growth explains why the update matters. The County Auditor's FY2025 report puts the 2025 population estimate at 1,254,658, up 4.96% from 2024 and 17.87% above the 2020 census count of 1,064,465. More plats outside city limits means more County bonds. Confirm with the County Engineering Department which version of the rules governs your application before pricing security.

Two Ways to Secure the Plat: Hold It or Bond It

Section 1.04.C sets out the choice. Under the standard election, the Director of Engineering holds the approved plat and releases it for recording only after the road and drainage work is accepted and the warranty and maintenance bond are in place. The regulations state that no lots may be sold until the plat is recorded, so this route trades bond cost for time: the developer carries the land and the construction loan until acceptance.

The second route records the plat earlier against a performance bond or a financial guarantee in lieu of bond, which can be cash or a letter of credit. The amount equals the estimated cost of construction of the road and drainage infrastructure improvements, based on a Texas professional engineer's estimate and approved by the Director of Engineering. The bond must comply with Local Government Code section 232.004 and a letter of credit with section 232.0045, and the obligee is the County Judge.

The security runs two years from the date the plat is recorded. That is a fixed window, so a schedule that slips past two years is a conversation with the County and the surety, not a formality. A performance bond is released when a maintenance bond is substituted, or it is held through the warranty period if it is written to cover maintenance as well.

  • Standard election: plat held by the Director of Engineering until acceptance; no lot sales before recording.
  • Bond election: performance bond, cash or letter of credit equal to the engineer's estimated construction cost.
  • Term: two years from plat recording, with the County Judge as obligee.

Who Posts the Bond and Why Separate Contractor Bonds Do Not Work

The developer normally posts the performance bond. The regulations let the County allow the prime contractor to post it instead, but they also say the County will not accept a series of separate bonds from contractors or subcontractors on the project. A developer that planned to assemble security from the paving, utility and drainage subcontractors' own bonds needs one instrument covering the full estimate.

That shapes the surety conversation. A single developer bond is typically underwritten on the developer's balance sheet, the land and the indemnitors behind the entity, while a prime contractor's bond rests on that contractor's capacity. Either way, the surety will want the engineer's estimate the Director approved, the construction contract and a schedule that fits inside the two-year term. Results can vary by surety guidelines and programs, and all of it is subject to underwriting and the terms of the bond issued.

No Vertical Construction Until the Roads Are Accepted

Posting a bond records the plat, but it does not open the lots to building. Section 1.04.C.2.e says anyone who undertakes residential or commercial construction on a lot before the road and drainage improvements are accepted as complete by the County commits an offense under the regulations. The maintenance bond requirement must also be met first.

For a builder buying lots in a bonded County subdivision, that is a takedown question as much as a legal one. Builders risk on homes, the builder's own general liability and the lender's draw schedule all assume construction can start; the County rule says it cannot until the developer's infrastructure is accepted. Purchase contracts and insurance start dates typically follow the acceptance date rather than the recording date.

The 100% Two-Year Maintenance Bond and Private Roads

Section 1.09 sets the maintenance bond at 100% of the cost of roadways, signs, stormwater control improvements and drainage structures. The warranty period runs two years from the County's acceptance of the work as complete, and a letter of credit may be allowed in some cases. A 100% maintenance bond is a full-value obligation, so sureties typically look at it much like a second performance bond rather than a small warranty instrument.

Private roads do not escape the requirement. Section 1.11 applies the same bonding, warranty and County roadway standards to private roads and states that private roads are not eligible for County maintenance. The 2026 summary of changes adds that repairs completed under a performance bond or other financial guarantee do not constitute County acceptance of private road maintenance, so a bonded repair does not shift upkeep to the County.

The same 2026 update brings RV parks and single-family rental developments into platting and adds special district plat notes. A build-to-rent community in the unincorporated county should expect the plat, bond and acceptance steps above, along with completed-operations coverage that lasts through the two-year maintenance period.

Right-of-Way Permits, Indemnity and Special Districts

Collin County Public Works requires a permit for utilities placed along or across County roads. The Right of Way Use Policy, approved by Commissioners Court on February 1, 2021, requires lines under existing roadways and paved driveways to be bored, and an open cut carries a fee in addition to the repair cost. The owner agrees to indemnify and hold harmless the County, its agents and employees from suits, actions and claims.

The policy states no dollar insurance minimum and no right-of-way bond amount. Confirm with Public Works what certificate, limits or additional insured wording it will ask for before a crew mobilizes, and have the indemnity read against the contractor's contractual liability coverage, which can vary by carrier guidelines and programs.

Special districts add a step at acceptance. In a special district such as a municipal utility district, the 2026 regulations require an interlocal agreement approved and executed by Commissioners Court for County enforcement of traffic regulations within the district. District financing, the developer's agreement with the district and the County acceptance schedule should be planned together, since the maintenance bond clock starts at acceptance.

Before You Ask for a Quote

What to Gather

  • The Texas PE's construction cost estimate for roads and drainage, as approved by the Director of Engineering
  • Your plat security election under Section 1.04.C and the planned recording date
  • Construction contracts and a schedule that fits inside the two-year bond term
  • A map showing any city ETJ, interlocal platting agreement or special district boundary on the tract
  • Utility crossing plans showing bored crossings under County roads and driveways
  • Lot purchase contracts that tie builder takedowns to County road acceptance

What to Ask the Insurer or Surety

  • Will the surety write one developer bond equal to the full estimate with the County Judge as obligee?
  • If the schedule slips past two years from recording, how will the County and the surety handle the bond?
  • Will the performance bond be released for a maintenance bond, or written to cover maintenance through the warranty period?
  • Does a city or the County set road standards for streets in the ETJ portion of the tract?
  • What certificate and insurance terms will Public Works ask for with the right-of-way permit?
  • Does each contractor's completed-operations coverage last through two years after County acceptance?
Quick Answer

Unincorporated Collin County holds the plat until roads and drainage are accepted, or takes a performance bond, cash or letter of credit equal to estimated construction cost for two years from recording, then a 100% maintenance bond for two years from acceptance.

Common Mistake

Assuming a bonded, recorded plat lets home construction start. The October 2026 regulations make building on a lot before the County accepts the roads and drainage an offense.

Broker Perspective

A broker lines up one developer bond for the full engineer's estimate, plans for a 100% maintenance bond at acceptance and checks completed-operations terms against the two-year warranty period.

Coverage Impact

A 100% maintenance bond ties up surety capacity at full value for two years after acceptance, and builders risk and lot takedowns typically wait on acceptance rather than on recording.

Other Dallas-Fort Worth Cities

Questions Buyers Ask

Can we sell lots in unincorporated Collin County before the roads are finished?

Only after the plat records. Under the standard election the County holds the plat until roads and drainage are accepted, and the regulations say no lots may be sold until the plat is recorded. The alternative is a performance bond, cash or letter of credit equal to the estimated construction cost for two years from recording. Confirm the details with the County Engineering Department.

Can each Collin County subcontractor post its own bond for its part of the work?

The regulations say the County will not accept a series of separate bonds from contractors or subcontractors on the project. The developer normally posts the bond, and the County may allow the prime contractor to post it instead. Plan for one instrument covering the full approved estimate, subject to the surety's underwriting.

How large is the Collin County maintenance bond?

Section 1.09 sets it at 100% of the cost of roadways, signs, stormwater control improvements and drainage structures, for two years from the County's acceptance of the work. A letter of credit may be allowed in some cases. Private roads carry the same bonding and warranty.

Which rules apply to a Collin County tract inside a city's ETJ?

The County rules exclude ETJ land where an interlocal agreement gives the city platting authority. For roads built in an ETJ, the regulations apply the city's or the County's design, construction, testing, inspection and bonding requirements, whichever are more stringent. Ask both the city and the County which applies to your tract.

What insurance does Collin County require for a utility crossing permit?

The Right of Way Use Policy we read requires a permit, bored crossings under existing roads and paved driveways and an owner indemnity of the County, but it states no insurance dollar minimum or bond amount. Confirm any certificate or limits with Collin County Public Works before work starts.

Official Sources

  1. Collin County Subdivision Regulations (Court Order 2026-1138-10-05, effective October 5, 2026), Collin County Engineering Department and Commissioners Court. Effective date October 5, 2026, and base adoption by Order 2020-957-09-28; Sec. 1.04.C plat held until road and drainage acceptance or a performance bond or financial guarantee in lieu of bond equal to the estimated cost of construction, on a Texas PE estimate approved by the Director of Engineering, complying with LGC 232.004 and 232.0045, County Judge as obligee, two years from plat recording; no lot sales before recording; no series of separate contractor bonds; no residential or commercial construction before acceptance; Sec. 1.09 maintenance bond at 100% for two years from acceptance; Sec. 1.11 private roads; Sec. 1.01 ETJ rules; Sec. 1.08.C.6 special district interlocal agreement. Verified 2026-10-25.
  2. 2026 Subdivision Regulations Update: Summary of Changes (Commissioners Court agenda, August 3, 2026), Collin County Commissioners Court. Repairs under a performance bond or other financial guarantee do not constitute County acceptance of private road maintenance; RV parks and single-family rental developments added to platting; special district plat notes. Verified 2026-10-25.
  3. Collin County Right of Way Use Policy (Court Order 2021-109-02-01, approved February 1, 2021), Collin County Public Works. Owner indemnity of the County, its agents and employees; boring under existing roadways and paved driveways; open-cut fee in addition to repair cost. No insurance dollar minimum or right-of-way bond amount stated. Verified 2026-10-25.
  4. Public Works Services (utility permits on County roads), Collin County Public Works. A County permit is required for utilities placed along or across Collin County roads; links the Right of Way Use Policy. Verified 2026-10-25.
  5. Collin County FY2025 Annual Comprehensive Financial Report, Collin County Auditor. 2025 estimated population of 1,254,658, up 4.96% over 2024 (1,195,359) and 17.87% over the 2020 census (1,064,465). Verified 2026-10-25.

Reviewed by the Principal, Gleason Insurance Brokers, LLCUpdated

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