- Home occupation permit required:
- Varies
- Details:
- Gillespie County has a planning department and the City of Fredericksburg has active zoning. Unincorporated county areas may have subdivision deed restrictions but the county does not have comprehensive zoning. Texas cottage food law preempts local health regulation and prohibits municipalities from banning cottage food on zoning grounds. City of Fredericksburg home occupation rules may apply within city limits but cannot override state cottage food production rights.
- Home kitchen:
- Texas allows cottage food from residential home kitchens. Annual gross income cap of $150,000 (SB 541, 2025). No registration, permit, or inspection required for non-TCS foods. TCS food sellers must register with DSHS. Health departments cannot regulate cottage food operations. Strong state preemption — local governments cannot add licensing or inspection requirements.
Last verified 2026-05-06. Not legal advice.
