Building permits, zoning and land rules in Marshall County, Minnesota

Marshall County requires a county building and land-use permit for buildings, additions, decks and remodeling in its Floodplain and Shoreland Zoning Districts; a general county building permit outside those districts could not be confirmed¹. Minnesota's State Building Code is the statewide construction standard, but the local government responsible for administering code permits can vary; where the code is administered, covered work needs a building permit from the applicable building official before work begins^3,4. The county fee for a floodplain or shoreland building permit is $50, and an after-the-fact county permit costs three times the regular fee¹. Work covered by a State Building Code permit requires inspections and, where applicable, occupancy approval from that building official^8,9. Ask the Water and Land Office which building official serves the parcel. Agricultural buildings are generally outside the State Building Code under the stated exceptions, but that does not waive county zoning or land-use approval³.

Marshall County Environmental Services, also called the Water and Land Office, issues county building and land-use permits in Floodplain and Shoreland Zoning Districts¹. The office is at 208 E Colvin Ave, Suite 5, Warren, MN 56762; call 218-745-5841 or email josh.johnston@marshallcountymn.gov¹. Submit county applications and fees before work so there is time for soil verification, shoreline determinations, flood elevations and review¹. A city, township or other local building official may separately administer State Building Code permits and local zoning, but septic authority does not shift with those functions: the Water and Land Office issues septic permits countywide^1,2. For a driveway involving a county road or right-of-way, contact the Marshall County Highway Department at 447 South Main, Warren, MN 56762, or 218-745-4381¹⁰. A direct connection to a state highway instead requires a MnDOT driveway permit¹¹.

Marshall County administers Floodplain and Shoreland Zoning Districts; zoning outside those county districts may vary by city or township^1,2. Within the county districts, allowed construction and land uses depend on the mapped district and, in shoreland, the waterbody classification⁶. A habitable, permanently sited tiny home is prohibited in the Floodway District, while a residential structure may be allowed in the Flood Fringe District if it satisfies underlying zoning and flood-protection standards⁵. Shoreland structure setbacks from ordinary high water are 100 or 150 feet by classification, and sewage-system setbacks are 75, 100 or 150 feet¹. Properties with septic systems and properties in county floodplain or shoreland districts have a 1-acre minimum lot size¹. Roads, driveways and parking areas require county land-use permits in those districts¹. A countywide minimum dwelling size could not be confirmed; ask both the Water and Land Office and the local clerk.

Installing, repairing or replacing a sewage treatment system anywhere in Marshall County requires a septic permit from the Water and Land Office before work begins¹. This countywide septic authority includes addresses inside cities and townships even when another local office handles building permits or zoning¹. Every sewage system requires soil verification, and a septic property must contain at least 1 acre with room for two drain fields¹. A Minnesota-licensed ISTS professional must inspect the system unless the exception in Minnesota Rules 7083 applies¹. The countywide septic permit fee is $50, and an after-the-fact permit costs three times the regular fee¹. None of the county's mapped soils are rated free of severe limitations for a conventional drain field, so complete soil verification before committing to a house site¹².

Marshall County's countywide RV-occupancy rule could not be confirmed, so ask the Water and Land Office and the parcel's township or city before using an RV as a residence. In a floodplain, a tiny home treated as a recreational vehicle must either meet manufactured-home standards or remain travel-ready, and new RV parks or campgrounds are prohibited⁵. A permanently sited, habitable tiny home is prohibited in the Floodway District⁵. In the Flood Fringe District, a residential tiny home may be allowed if underlying zoning permits it and the structure meets elevation, anchoring, flood-resistant construction and zoning-compliance requirements⁵. In shoreland, a tiny home may count as a dwelling; single-residential use is permitted or conditional according to the shoreland district and waterbody classification, and county building or land-use approval, sewage treatment and zoning compliance still apply⁶. Outside floodplain and shoreland districts, countywide tiny-home rules remain unconfirmed; ask the Water and Land Office and local clerk.

1. Ask the Water and Land Office whether the parcel is in a Floodplain or Shoreland Zoning District, because that location controls the county building and land-use permit requirement¹.

1. If the parcel is in a floodplain, identify whether it is floodway or flood fringe before choosing a house design; habitable structures are prohibited in the floodway, while flood-fringe homes must meet flood-protection standards⁵.

1. Ask the city or township about local zoning and identify the building official, if any, who administers State Building Code permits, inspections and occupancy approval for the parcel^2,4,8,9.

1. Return to the county Water and Land Office for soil verification and the countywide septic permit; reserve room for two drain fields on a septic lot of at least 1 acre¹.

1. Submit county applications and fees before work, allowing time for technical review¹.

1. Identify the road authority and obtain the named driveway permit: county land-use approval applies to driveway placement in county floodplain or shoreland districts, while MnDOT permits direct state-highway access^1,11.

1. Obtain county floodplain development approval before regulated construction, grading, filling or land alteration begins¹.

Start with the zoning map and water features: a floodplain or shoreland designation changes the building, grading, driveway and setback rules that apply¹. Investigate septic feasibility before closing because none of the mapped county soils are rated free of severe limitations for a conventional drain field, and every sewage system requires soil verification^1,12. Before drilling a water-supply well, the contractor or owner must submit a notification and fee to the Minnesota Department of Health; certain other wells and borings need written state approval¹³. A shoreland subdivision must provide a workable water supply and sewage-treatment site for every lot where public utilities are unavailable⁶. Floodplain land cannot be subdivided when flooding, drainage, water supply or sewage treatment makes it unsuitable, and every new lot must have a building site outside the floodway⁵. Most county terrain is gentle, with 99.8% at a slope of 15% or less, but only 16.2% is wooded¹². Confirm legal access and utility availability with the road authority and local utility provider; countywide utility-connection rules could not be confirmed.