Building permits, zoning and land rules in Custer County, Colorado

Yes, but Custer County's terminology matters: unincorporated Custer County requires a zoning permit for dwellings, additions and other covered construction, while the county has not adopted a structural building code¹. A zoning permit must be issued before excavation, construction, reconstruction, a square-footage-increasing repair or remodel, or a change of use begins¹. A dwelling permit also depends on an approved septic permit, a legally adequate and physically available water source, and compliance with the zoning resolution¹.

The absence of a county structural code does not remove project closeout requirements: applicable rough-in and final electrical and plumbing inspections must be complete, and a county compliance inspection checks the structure, sewage disposal, water and other zoning commitments¹. The structure must be dried in within 2 years and completed within 3 years after permit issuance¹.

These county rules cover unincorporated Custer County only. Inside the Town of Westcliffe, the town building official issues building permits⁷, and inside the Town of Silver Cliff, the Zoning Enforcement Officer issues them⁸. Septic permits for those addresses still come from the county OWTS program².

Custer County Planning & Zoning administers land-use rules and building permits and also reviews septic systems, so it is the first office to contact for a rural home project³. The office is in the Custer County Courthouse at 205 S 6th Street in Westcliffe and accepts permit applications through its online system³.

Applications may be submitted online or by mail or in person, and a zoning application requires the applicable fee, proof of ownership, a plot plan, floor plan and elevation drawing⁴. Permit fees are non-refundable, and the county collects a 2% use tax when a building or septic permit is issued, based on estimated building-material purchases². Colorado's cited owner exemption is limited to certain repair or maintenance work in counties with a contractor-licensing program; it does not create an exemption for building a new home⁵. Ask Planning & Zoning what trade licensing, state inspections and documentation will apply if you plan to serve as your own builder³.

Unincorporated Custer County is zoned by density, and county zoning governs land and structures there¹. The published districts have minimum lot areas of 80 acres in Zone I Grape Creek, 35 acres in Zone II Sangre de Cristo, 10 acres in Zone III Wet Mountain/Hardscrabble and 5 acres in Zone IV Foothills, subject to the resolution's adjustments and other requirements¹.

Setbacks vary with parcel size: land of at least 3 acres generally uses a 50-foot property-line or roadway-easement setback, land between one-half acre and 3 acres uses 25 feet, and land of one-half acre or less uses 10 feet¹. Structures are limited to 30 feet in height, and on parcels larger than one-half acre all structures together may cover no more than 10% of the gross parcel¹. A guest house requires a multi-dwelling variance, an approved septic system, and compliance with height and setback rules; separate permission is required before using it as a short-term rental¹. Renting a home for fewer than 30 days requires a short-term rental permit that the Board of County Commissioners may grant or deny, and the applicant must have owned the property for at least 2 years¹. Zoning applies to the unincorporated part of the county and sets four districts, and the official zoning map kept in the County Clerk and Recorder's office is the final authority on a parcel's current zoning². A use that needs a Special Use Permit must show proof of adequate water and sewer, and the Board of County Commissioners may grant or deny it¹. Planned unit developments are allowed only east of State Highway 69 and need an engineer-designed legally adequate water supply and septic system, which matters mainly if you plan to subdivide¹. Inside the Town of Westcliffe, the town sets its own zoning⁹. Ask Planning & Zoning to identify the parcel's district and verify the site plan before design work begins³.

Custer County Planning & Zoning authorizes septic permits and reviews on-site wastewater treatment systems, while both county and Colorado OWTS regulations apply^2,3. A new septic system requires a county permit before construction, and a dwelling permit cannot issue without an approved septic system¹. Modifications, repairs and upgrades require county inspection and approval, and Colorado requires a final inspection after permitted work is complete and before the system is used^4,10.

Only 3.4% of Custer County soils are rated without severe limitations for a conventional septic drain field, so make site evaluation an early contingency rather than assuming a standard system will work¹¹. A residence or business needs a county-approved permanent septic system before occupancy, and a vault system requires a variance from the Custer County Board of Health^1,2. Wastewater cannot be discharged onto the ground or into creeks, streams or other water bodies¹.

An RV used as a primary residence in unincorporated Custer County requires a special Tiny House / RV Permit and remains subject to zoning rules¹. Recreational occupancy of an RV, tent, teepee, yurt or similar structure may not exceed 90 days during the 12-month period beginning January 1 without an approved septic system¹.

A tiny house on a foundation used as a primary residence also requires a special county permit and must meet applicable septic, water, setback and height requirements⁴. Colorado-regulated tiny homes intended for long-term living need state plan approval before construction and still must satisfy local zoning¹². Manufactured and modular homes require a dwelling permit; a factory-built home also needs approved septic, compliant setbacks and height, removal of any wheels, blocking and leveling with skirting or a permanent foundation, and a Road & Bridge permit before transport within Custer County¹. Custer County has not confirmed a minimum dwelling floor area, so ask Planning & Zoning to review a small-home design before purchase³.

1. Ask Planning & Zoning to confirm the parcel's zoning district, minimum lot area, setbacks, height limit and allowed residential use^1,2.
2. Establish a legally adequate, physically available water source; every new groundwater-diverting well in Colorado needs a state well permit, subject to statutory and basin-specific rules^1,6.
3. Complete the septic site work and obtain county OWTS approval before the dwelling permit¹.
4. Resolve access: Road & Bridge handles driveway permits involving county roads, while direct access to a state highway requires a CDOT permit^1,13,14.
5. Submit the zoning-permit application with the fee, ownership proof, plot plan, floor plan and elevation drawing before excavation begins^1,4.
6. Complete applicable electrical and plumbing inspections, the septic inspection and the county compliance inspection before closing the permit and occupying the home^1,4.

Start with buildable area, not acreage alone: confirm the zoning district, parcel boundaries, road easements, setbacks and the combined structure-coverage limit with Planning & Zoning^1,2,3. A seller cannot divide a lot outside the county's zoning and subdivision regulations, and subdivision access intersecting a county-maintained road requires a permit and inspection¹. Confirm legal and physical access as well, because a state-highway connection goes through CDOT¹⁴.

Water and septic can determine whether the plan works: Colorado requires a permit for a new groundwater-diverting well, and only 3.4% of county soils are rated without severe limitations for a conventional drain field^6,11. Floodplain-development requirements were not confirmed, so ask Planning & Zoning which floodplain map and local review apply before closing³. The county has 7.5 people per square mile, 53.6% wooded land and 46.8% of land with a slope of 15% or less, making terrain, wildfire exposure and year-round access practical due-diligence issues¹¹. The effective property-tax rate is about 0.4%, with a median annual bill of about $1,300¹¹.