# Comal County Subdivision Security, Maintenance Bonds and Right-of-Way Rules URL: https://mycontractorsinsurancequote.com/texas/metros/san-antonio/comal-county Updated: 2026-10-29 · Reviewed by the Principal, Gleason Insurance Brokers, LLC Publisher: My Contractors Insurance Quote, a website of Gleason Insurance Brokers, LLC In unincorporated Comal County, the subdivision regulations adopted June 11, 2026, require a corporate surety bond, an irrevocable letter of credit or a cash deposit agreement for the full engineer's estimate of roads and drainage before plat approval, held until the Commissioners Court accepts the work. A two-year maintenance bond is then a prerequisite for road acceptance, and a plat over the Edwards Aquifer recharge zone waits on TCEQ approval of a water pollution abatement plan. New Braunfels and the other cities in the county set their own requirements, so confirm which agency governs each tract before pricing the security. ## Key Decision Points - Comal County's subdivision regulations were adopted and made effective June 11, 2026, replacing the version updated September 3, 2020. - Construction security is due as a prerequisite for plat approval, in the amount sealed by a licensed professional engineer and approved by the County Engineer, for an initial one-year period. - The full security stays in force until construction is completed, approved and accepted; no partial release language was found in the regulations or the bond form. - A two-year maintenance bond is required before the Commissioners Court accepts roads into the county system; the amount is not stated in the regulations, so confirm it with the County. - Final plat approval over the Edwards Aquifer recharge zone is contingent on TCEQ approval of a WPAP, and Order 566 governs private construction in county right-of-way. ## Unincorporated Comal County and the Cities Inside It This page covers the rules Comal County applies to subdivisions and right-of-way work in unincorporated areas. Texas counties regulate subdivisions under Local Government Code chapter 232, and Comal County's own regulations are the document a developer outside city limits plats under. New Braunfels and the other cities in the county set their own subdivision, guarantee and permit requirements. A tract near a city can raise jurisdiction questions that only the agencies can answer. The County did not arrive at a new set of rules by accident. The order adopting the June 2026 regulations opens by stating that the Commissioners Court recognizes the significant challenges growth and development have brought to the County. U.S. Census Bureau estimates released in March 2024 ranked Comal seventh in the nation by percent growth among counties of 20,000 or more, up 5.0% to 193,928 residents in 2023. For a developer or civil contractor, that growth means more plats competing for engineering review and surety capacity at the same time. Confirm the current requirement with the County Engineer's Office early, since the regulations were rewritten this year and older checklists may cite the 2020 version. The regional aquifer and site rules that sit alongside the county's are covered under [San Antonio-area construction insurance and surety](https://mycontractorsinsurancequote.com/texas/metros/san-antonio). ## Construction Security Before Plat Approval Item 29 of the plat application lists the accepted forms: a corporate surety bond, an irrevocable letter of credit with an agreement or a cash deposit agreement. The security runs for an initial one-year period in the amount estimated and sealed by a licensed professional engineer and approved by the County Engineer, covering roads and storm water drainage. It is payable to the County Judge, and the improvements are to be built within one year of approval. Section VII.E makes construction bonds and letters of credit a prerequisite for plat approval. The regulations do not add a percentage over the estimate, such as 110% or 125%, which some Texas cities use. The engineer's sealed estimate is the number the surety underwrites, so its accuracy drives both the penal sum and the indemnity exposure. An estimate that misses drainage structures or pavement sections can leave a gap the developer funds later. If bad weather or unusual conditions delay the work, Section VI.F allows an extension, but the written request must reach the Commissioners Court at least 30 days before the original expiration date. On a default, Section VI.C says the County corrects defective work by action taken upon the performance bond or letter of credit. A surety typically expects to hear about schedule trouble before that point, so build the extension deadline into the project calendar. How plat security compares across Texas counties and cities is explained under [Texas subdivision improvement bonds](https://mycontractorsinsurancequote.com/construction-surety-bonds/subdivision-improvement-bonds/texas). ### Illustrative scenario: A Recharge-Zone Subdivision Waiting on Its WPAP Limestone Terrace Development is platting a fictional 140-lot subdivision in unincorporated Comal County, partly over the Edwards Aquifer recharge zone. Its engineer seals a road and drainage estimate that the County Engineer approves, and the developer's surety prepares a corporate surety bond for that amount payable to the County Judge. TCEQ approval of the WPAP takes longer than planned, so the developer times the bond's one-year term to the expected plat approval and tracks the 30-day extension deadline. The paving contractor's subcontract mirrors the County's two-year maintenance bond once the amount is confirmed, and the developer checks that its contractors' completed-operations and pollution coverage run through acceptance and the maintenance period. A Private Improvement in the Public Right-of-Way permit covers the entrance after a traffic impact analysis. The company and details are hypothetical; a real program depends on the County's current requirements, the surety and carriers involved and the firm's own risk. ## Release on Acceptance and the Two-Year Maintenance Bond The regulations say the full amount of the bond, letter of credit or cash deposit agreement remains in force until construction is completed, approved and accepted. The County's construction bond form says the bond will be released by Comal County following completion and acceptance of all construction. No partial release language was found, so a developer should plan on carrying the whole amount until acceptance rather than stepping it down as phases finish. Section VI.E makes a two-year maintenance bond a prerequisite for road acceptance into the Unit Road System by the Commissioners Court. The regulations do not state the bond amount or a percentage, and the maintenance bond form is listed as available upon request. Confirm the amount and form with the County before the contract with the paving and drainage contractor is signed, so the contractor's warranty obligation and the bond line up. Two years is a long tail for a road contractor. Completed-operations coverage under the contractor's liability policy should be checked against that period, and the surety will typically look at the contractor's warranty terms when it writes the maintenance bond, subject to underwriting and the terms of the bonds and policies issued. How liability coverage can respond after a public owner accepts the work is explained under [completed-operations coverage after acceptance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/completed-operations). ## Edwards Aquifer Recharge Zone, WPAP and Floodplain Items Item 26 of the plat application requires written proof that TCEQ accepted an application for a water pollution abatement plan, or a WPAP modification, for developments over the Edwards Aquifer recharge zone. The regulations then state that final plat approval shall be contingent on WPAP approval, and item 20 requires the plat to state whether it lies in the recharge zone. TCEQ's own page says a WPAP is required for any regulated activity proposed in the recharge zone and must be approved prior to the commencement of construction; Comal is handled by TCEQ's San Antonio office. That sequence affects the bond calendar. The security comes due as a prerequisite for plat approval, and the plat waits on the WPAP, so a slow state approval can push the start of the one-year security term and the construction window. Site contractors working over karst should also look at contractors pollution liability, since a release during grading can draw regulator attention well beyond the property line. Items 21 and 22 require the FEMA 100-year floodplain to be shaded on the plat with a special flood hazard area note. The County's floodplain page says new construction must apply for a floodplain development permit, with a $40 fee. The County's flood damage prevention order is posted as a scanned image, so its freeboard figure and date were not verified; confirm them with the Floodplain Administrator. Pollution exposures for grading and drainage work are covered under [site development pollution liability](https://mycontractorsinsurancequote.com/contractors-pollution-liability-insurance/site-development). ## Order 566 and Work in County Right-of-Way Order 566, the June 2026 Public Right-of-Way Order for Private Construction, replaces Order 347 from 2014 and requires a permit for any construction in the right-of-way of a county-maintained road. The subdivision regulations also require a Private Improvement in the Public Right-of-Way permit for subdivision entrances. The County's permit page lists a $25 application fee. The text of Order 566 as published does not state a bond or an insurance requirement. Instead, the applicant agrees to indemnify and hold harmless the County and its officers, agents and employees for all suits, and is liable for damages arising from its default, including attorney fees. Utility permits carry the same indemnity. Ask the County Engineer's Office whether a particular permit carries other conditions before assuming none apply. An indemnity with no stated insurance floor still needs insurance behind it. A contractor's contractual liability coverage, its limits and any exclusions for work near roads deserve a look before signing, because the County's recovery runs against the applicant either way. New in 2026, no driveway access is approved unless the developer completes a traffic impact analysis approved by the County Engineer, which can add time before the first lot connects. How other Texas agencies handle right-of-way security is explained under [Texas right-of-way and encroachment permit bonds](https://mycontractorsinsurancequote.com/construction-surety-bonds/encroachment-permit-bonds/texas). ## Lining Up Bonds and Insurance on a Comal County Plat A Comal County subdivision typically moves through the WPAP, the construction security, the build, acceptance and then the two-year maintenance bond, with Order 566 permits for the entrance and any utility crossings. Each step has its own obligee language and deadline, and each can vary with the project and the surety's view of the developer's finances. Developers comparing this county with a neighbor in Bexar County will find a different structure: a warranty bond sized as a percentage of the estimate and right-of-way insurance terms set out in a county document. Mapping the bond forms against builders risk, completed-operations and pollution coverage for each phase helps keep the program aligned with the agency's acceptance dates. The neighboring county's approach is laid out under [Bexar County warranty bond and right-of-way rules](https://mycontractorsinsurancequote.com/texas/metros/san-antonio/bexar-county). ## Before You Ask for a Quote ### What to Gather - Confirmation that the tract is in unincorporated Comal County and not under a city's rules - The engineer's sealed estimate for roads and storm water drainage approved by the County Engineer - TCEQ acceptance of the WPAP or WPAP modification application for recharge-zone tracts - The County's construction bond form and the maintenance bond form requested from the County - Floodplain mapping for the plat and the floodplain development permit application - Order 566 permit applications and the driveway traffic impact analysis ### What to Ask the Insurer or Surety - Will the surety write the construction bond for the full sealed estimate on the County's form? - What amount and form does the County currently require for the two-year maintenance bond? - How will a WPAP delay affect the one-year security term and the 30-day extension deadline? - Does the contractor's liability policy respond to the Order 566 indemnity, and at what limits? - Does completed-operations coverage extend through the two-year maintenance period? - Is contractors pollution liability in place for grading over the recharge zone? ## Broker Notes **Quick Answer:** Unincorporated Comal County requires a surety bond, letter of credit or cash deposit agreement for the full engineer's estimate before plat approval, held until acceptance, then a two-year maintenance bond before roads join the county system. **Common Mistake:** Using a city's guarantee rules or the 2020 county checklist for a Comal County plat. The June 2026 regulations govern unincorporated tracts, and New Braunfels and other cities set their own. **Broker Perspective:** A broker typically starts with the WPAP and plat timeline, then sizes the security to the sealed estimate and checks that contractor coverage outlasts the two-year maintenance bond. **Coverage Impact:** Order 566 relies on indemnity rather than a stated insurance requirement, so the contractor's contractual liability terms and limits can decide how a right-of-way claim is paid, depending on the policy wording. ## Questions Buyers Ask ### How much construction security does Comal County require on an unincorporated subdivision? The amount estimated and sealed by a licensed professional engineer and approved by the County Engineer, for roads and storm water drainage. The June 2026 regulations do not add a percentage above the estimate. The security can be a corporate surety bond, an irrevocable letter of credit with an agreement or a cash deposit agreement, payable to the County Judge. ### Can Comal County reduce our bond as phases of road work are finished? No partial release language was found. The regulations keep the full amount in force until construction is completed, approved and accepted, and the County's bond form provides for release after completion and acceptance of all construction. Ask the County Engineer's Office before planning cash flow around a reduction. ### What is the amount of the Comal County two-year maintenance bond? The regulations require a two-year maintenance bond as a prerequisite for road acceptance but do not state the amount or a percentage, and the form is provided upon request. Confirm the current amount and form with the County before setting the paving contractor's warranty and bond terms. ### Can we get a Comal County final plat before TCEQ approves our WPAP? Not for a development over the Edwards Aquifer recharge zone. The regulations require proof that TCEQ accepted the WPAP application and state that final plat approval is contingent on WPAP approval. TCEQ also requires the plan to be approved before construction begins. ### Does a Comal County right-of-way permit require a bond or certificate of insurance? The published text of Order 566 does not state one. The applicant indemnifies the County and is liable for damages from its default, including attorney fees, and pays a $25 application fee. Ask the County whether a specific permit carries other conditions, and check that liability coverage supports the indemnity. ## Official Sources 1. [Comal County Subdivision Regulations (Order #565, Attachment A), effective June 11, 2026](https://www.comalcounty.gov/DocumentCenter/View/7452/Updated-Subdivision-Regulations-June-2026-PDF), Comal County Commissioners Court and County Engineer's Office. Adopted and effective June 11, 2026, replacing the September 3, 2020, version; growth recital; plat item 29 security forms, one-year term, PE-sealed estimate approved by the County Engineer, payable to the County Judge; VII.E security as a prerequisite for plat approval; full amount in force until acceptance and release on acceptance per the bond form; VI.F extension request 30 days before expiration; VI.C action on the bond; VI.E two-year maintenance bond; items 20, 21, 22 and 26 recharge zone, floodplain and WPAP; PIPROW permit for entrances. Verified 2026-10-25. 2. [Order 566, Comal County Public Right-of-Way Order for Private Construction (June 2026)](https://www.comalcounty.gov/DocumentCenter/View/7453/Order-566-Comal-County-Public-Right-of-Way-Order-for-Private-Construction-June-2026-PDF), Comal County Commissioners Court. Permit required for construction in county-maintained right-of-way; vacates Order 347 (2014); applicant indemnity and default liability including attorney fees; utility permit indemnity; driveway traffic impact analysis approved by the County Engineer; no bond or insurance requirement in the published text. Verified 2026-10-25. 3. [Driveway and Utility Permits](https://www.comalcounty.gov/842/Driveway-and-Utility-Permits), Comal County Engineer's Office. $25 PIPROW application fee under Order 566. Verified 2026-10-25. 4. [Floodplain](https://www.comalcounty.gov/273/Floodplain), Comal County Engineer's Office. Floodplain development permit required for new construction under the Flood Damage Prevention Order; $40 fee. Verified 2026-10-25. 5. [Water Pollution Abatement Plan (WPAP)](https://www.tceq.texas.gov/permitting/eapp/wpap.html), Texas Commission on Environmental Quality. WPAP required for regulated activity in the Edwards Aquifer recharge zone and approved before construction begins; Comal and Bexar under the San Antonio office. Verified 2026-10-25. 6. [Vintage 2023 county population estimates (news release, March 14, 2024)](https://www.census.gov/newsroom/press-releases/2024/population-estimates-more-counties-population-gains-2023.html), U.S. Census Bureau. Comal County ranked seventh nationally in percent growth among counties of 20,000 or more, up 5.0% to 193,928 in 2023. Verified 2026-10-25. ## Related Decisions - [San Antonio metro construction insurance](https://mycontractorsinsurancequote.com/texas/metros/san-antonio) - [Bexar County bond and insurance rules](https://mycontractorsinsurancequote.com/texas/metros/san-antonio/bexar-county) - [Texas developer bond and insurance rules](https://mycontractorsinsurancequote.com/texas/audiences/developers) - [Texas subdivision improvement bonds](https://mycontractorsinsurancequote.com/construction-surety-bonds/subdivision-improvement-bonds/texas) - [Texas encroachment permit bonds](https://mycontractorsinsurancequote.com/construction-surety-bonds/encroachment-permit-bonds/texas) --- Start a quote request: https://mycontractorsinsurancequote.com/get-a-quote · Call 844-978-7283 Contract and insurance reviews are a courtesy service that may be available at times, depending on our workload and on the size, timing and complexity of the project. A review is not guaranteed and is limited to insurance considerations. It is not legal advice and is not a substitute for advice from your own legal counsel, which you may need before signing a contract or obtaining coverage. Insurance and surety services are provided through Gleason Insurance Brokers, LLC. Site information is educational and does not constitute legal advice, a binder, an offer of coverage, a guarantee of eligibility or confirmation of policy terms. Insurance conditions are governed by actual issued policies; surety rights and obligations are governed by bond and indemnity documents.