Survey, lake level and paperwork for selling on the water
Selling a Lake Conroe Waterfront Home: The Survey, the Lake Level and the Contract Forms
Updated October 2026
What should I know about the survey, the lake level and the contract paperwork before selling a lake house on Lake Conroe?
In October 2026, the Texas Real Estate Research Center says a title policy sale requires a survey; on Lake Conroe, it should mark the 201- and 207-foot lines.
Kim Vargas, Houston Properties Team, Lake Conroe
Source: Texas Real Estate Research Center article on the types of land surveys used in Texas, May 2016.
What should the survey show when you sell a Lake Conroe waterfront home?
Two lines and every structure between them. The lower line is the 201-foot contour, the lake's normal level. The San Jacinto River Authority's rules, in force since June 1, 2015, treat the land below it as Authority Land, and owning the lot brings no right to build there.
The upper line is 207 feet, the top of the authority's flowage easement, the band the lake can rise into in a storm. The rules handle that band separately from the land below 201 feet.
Between the lines, the survey should place every dock, boathouse, lift and bulkhead against the property lines. A buyer matches each one to the authority's license or permit, and a permitted bulkhead should have a registered land surveyor's survey with metes and bounds behind it.
Lenders and title insurers want a survey as well. The Texas Real Estate Research Center notes that a survey is often required by lenders and is needed to obtain title insurance. The Texas Real Estate Research Center also writes that whenever a transaction requires a title policy, such as a purchase or a refinance, the survey it describes is required. Because survey matters are standard exceptions in a title policy, the Texas Real Estate Research Center says buyers want the most accurate survey possible.
Because survey matters are standard exceptions in a title policy, buyers want the most accurate survey possible to protect themselves from unpleasant and costly surprises.
How far does Lake Conroe move from its 201-foot normal level?
Some distance in both directions, and a buyer touring the lot sees only that day's level. One September 2019 morning, a San Jacinto River Authority update relayed by the Harris County Flood Control District put the lake at 199.02 feet, two feet below normal pool. The watershed had averaged just over one inch of rain in the previous 24 hours, so every dam gate stayed closed and no water was released.
The high side is what a buyer reads on the survey. The San Jacinto River Authority's records put the highest level at 206.24 feet on August 28, 2017, the day of a record release of 79,141 cubic feet per second. That crest came within a foot of the 207-foot easement line, so the lot's height against 207 feet is worth having in writing before the listing goes live.
The elevation certificate gives that height, and a buyer reads it beside the seller's disclosure. With both in the file early, the flood question gets answered at the start of the option period instead of near its end.
Which contract form does a Lake Conroe home sale use?
A house sale runs on the Texas Real Estate Commission's resale contract form. The commission's listing says it is used for the resale of a single family home, a duplex, a tri-plex or a four-plex.
The commission's notice on its contract forms says real estate license holders are required to use these forms. It also warns that a mistake in using a form can cost money or leave a contract that cannot be enforced.
The form governs the deal, and on the lake the river authority's paper goes with it. Kim Vargas of Real Broker, LLC asks the seller for the license numbers and fee receipts before the option period ends. That way a seller knows what a buyer will ask for before the price is set.
Mistakes in the use of a form may result in financial loss or a contract which is unenforceable.
Questions & answers
Lake Conroe questions, answered
Can I look at more than one offer on my Lake Conroe house at the same time?
Yes. The Texas Real Estate Commission's listing for its resale contract says a seller may receive, review and negotiate several offers simultaneously. On a waterfront house, each buyer will want the same lake paper: the dock license numbers, the bulkhead permit, the fee receipts and the survey. With that file ready, you can compare offers on price and terms instead of on which buyer has seen which document.
Every offer arrives on the same state form, so the comparison comes down to the terms written into it. Before offers come in, ask each buyer's agent what their buyer will want to see during the option period, and have the survey ready to send to all of them at once.
Should a lawyer look at the survey before I sell my Lake Conroe house?
The Texas Real Estate Research Center says the survey should be reviewed by an attorney. The Texas Real Estate Commission notes that it cannot provide legal advice to the public on private contractual matters, so legal questions go to a lawyer you hire. For a lake lot, hand the attorney a survey that marks the 201-foot line, the 207-foot line and each structure on the water.
Do it before listing, so a question about a line or a structure is settled on your schedule. The river authority can revoke a permit. It can also require an unpermitted structure on its land to be removed at the owner's cost.
Will my buyer need the survey to get flood insurance on a Lake Conroe house?
It can. The Texas Real Estate Research Center writes that a survey is necessary to obtain title insurance or flood insurance. Most home insurance policies do not cover flood damage, the Texas Department of Insurance notes, and a flood policy usually starts 30 days after it is bought. A survey in the listing file lets a buyer request a quote early in the option period.
Whether a lender requires a flood policy depends on the zone the FEMA flood map gives the lot. Montgomery County sits outside the Texas Windstorm Insurance Association's area. Away from the coast, the department says, a homeowners policy probably includes wind and hail, sometimes with its own windstorm deductible.
Who owns the lake bed in front of a Lake Conroe waterfront lot?
The Texas Real Estate Research Center gives the general Texas rule for a lake made by legally damming a stream. In the Texas Real Estate Research Center's words, the stream bed is owned by the state; the rest of the lake bed is owned by the landowner. The Texas Real Estate Research Center adds that where a property description says otherwise, the boundaries may be different.
On Lake Conroe, the San Jacinto River Authority's rules add a second layer. They treat land that is or has been under the lake as Authority Land, with the land beside it up to the 201-foot contour. For one lot, the deed's property description, the survey and the authority's rules are read together. The State of Texas owns the water itself.
What if Lake Conroe is running low when buyers tour my waterfront house?
The waterline on tour day can sit well below normal. The San Jacinto River Authority's rules say it has no obligation to keep the lake at any level for a dock's sake. The lowest level on record is 192.68 feet, on December 2, 2011. The normal level remains 201 feet, and the authority measures a dock's yearly fee at full pool whatever the day's level.
The lake's state permit lets water be stored up to 201 feet and requires storm inflow above it to be passed through the dam. The lake is held near 201 feet and drawn down by use, evaporation or a requested release. Releases ahead of a storm come when the City of Houston asks for its water.
Where does Lake Conroe's water come from, and where does it go?
From the San Jacinto River. The Harris County Flood Control District describes the river flowing from its headwaters near Huntsville, through Lake Conroe and Lake Houston. The San Jacinto River Authority's list of lake facts gives Lake Conroe a watershed of about 450 square miles. Water released through the dam enters the river below and flows on to Lake Houston.
A release raises the West Fork below the dam, which is a separate question from how high the lake itself rises. In the storm of May 2, 2024, Community Impact reported the dam releasing 69,545 cubic feet per second. Montgomery County called voluntary evacuations downstream along the West Fork.
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