Zoning, building permits and septic rules in Mullan, Idaho

Rules another office applies inside Mullan

Mullan does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedPartial

  Building-code adoption inside Mullan city. The Idaho Building Code Act sets the framework for whether a city enforces building codes; whether Mullan city has adopted a code by ordinance was NOT verified in official sources.

  • A local government enforcing building codes must do so only under Idaho Code 39-4116; a city may elect to implement a code enforcement program by passing an ordinance.
  • The statute lists the International Building Code (with state board rules) as the code local governments adopt; local amendments are allowed by ordinance only if they establish an equivalent level of protection (39-4116(4)).

  “local governments that have not previously instituted and implemented a code enforcement program prior to the effective date of this act may elect to implement a building code enforcement program by passing an ordinance evidencing the intent to do so.”

• Septic permitRequired

  Installing, modifying, repairing or expanding an individual or subsurface sewage disposal (septic) system on a parcel inside Mullan city limits. The state DEQ rule is statewide and therefore reaches land inside Mullan city; it is not a Mullan city ordinance.

  • A valid installation permit is required under IDAPA 58.01.03.005.01 unless the activity is listed in 005.02 (portable temporary nondischarging systems; repairs of clogged or broken solid piping or electrical/mechanical malfunctions that do not expand the system).
  • The application must include a statement from the local zoning or building authority that the proposed system would not be contrary to local ordinances (005.04.m); for Mullan this means the city, which has not been verified.
  • Permit must be used within two years of issuance (005.08); a permit fee is payable under IDAPA 58.01.14 (005.13).

  permit validity period: 2 years (unless otherwise stated on the application or permit)

  “no person may modify, repair or expand or install any individual or subsurface sewage disposal system within the state of idaho unless there is a valid installation permit authorizing that activity.”

• Agricultural exemptionAvailable (with conditions)

  Agricultural buildings located inside Mullan city are exempt from the building codes enumerated in Idaho Code chapter 41 of title 39. This is a building-code exemption only; it does not establish an exemption from septic, zoning or other rules.

  • Applies only to buildings within the listed agricultural categories in 39-4116(5)(a), such as livestock shelters, poultry buildings, barns, and storage/maintenance structures for equipment used exclusively in agricultural operations.
  • A county may issue permits for agricultural buildings only to assure compliance with road setbacks and utility easements, at a fee not exceeding its actual cost (39-4116(5)).
  • Mullan city's own treatment of agricultural buildings not verified.

  “local governments shall exempt agricultural buildings from the requirements of the codes enumerated in this chapter and the rules promulgated by the board.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Mullan or Shoshone County directly.

• Building permit — Building permits for construction inside Mullan city.
• Owner-builder exemption — Owner-builder exemption from contractor or permit requirements inside Mullan city.
• Inspections — Building inspections for construction inside Mullan city.
• Certificate of occupancy — Certificate of occupancy for buildings inside Mullan city.
• Local zoning — Whether Mullan city adopts and administers its own zoning ordinance for land inside its limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.