Zoning, building permits and septic rules in Hettinger, North Dakota

Hettinger’s own rules

• Building permitRequired

  Development in Hettinger city.

  • Buildings and activities directly used in connection with farming operations are excepted.
  • A permit expires one year from issuance.
  • The ordinance calls the required approval a development permit.

  permit expiration: 1 year from issuance

  “It shall be unlawful for any person to commence any development without obtaining a development permit, except buildings and activities directly used in connection with farming operations.”

• Building code adoptedAdopted (with conditions)

  Buildings and structures in Hettinger city.

  • The local provision incorporates state-adopted building codes, future updates and amendments, and the latest International Property Maintenance Code adopted by the city; it excepts local-condition sections amended for Hettinger.

  “The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, uses, height, area and maintenance of buildings or structures in the City of Hettinger shall conform to the provisions of the rules and regulations of the State adopted building code(s) and any future updates and amendments to that code, the latest version of the International Property Maintenance Code adopted by the City Of Hettinger and any amendments there-of”

• InspectionsLimited

  Inspections administered by the Hettinger city Building Inspector.

  • The ordinance expressly assigns inspections to the Building Inspector but does not state a universal inspection sequence for every residential project.

  “The Building Inspector shall be appointed by the City Council. 2. Duties (a) Make inspections and maintain records.”

• Certificate of occupancyRequired

  Buildings and structures occupied in Hettinger city.

  • The Land Use Administrator issues the certificate to determine conformity with the specifications for which the development permit was issued.

  “No building or structure shall be occupied until a Certificate of Occupancy shall have been issued by the Land Use Administrator for determining the conformity with the specifications for which the development permit has been issued.”

• Local zoningPresent (with conditions)

  Land within the incorporated limits of Hettinger city, North Dakota.

  • The ordinance also applies in the city's extraterritorial jurisdiction; this claim is limited to incorporated Hettinger.

  “These regulations shall apply in all incorporated parts of Hettinger and areas within the city’s extraterritorial jurisdiction as authorized by NDCC, Section 40-47-01.1.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Hettinger city.

  • A copy of the zoning district map is on file with the Code Administrator and is to be updated regularly for amendments.

  districts: R; RR; MH; C; DC; I; A; RC; F; PUD

  “For the purposes of this ordinance the City of Hettinger is divided into the following zoning districts: R - Residential District RR - Rural Residential MH - Mobile Home District C - Commercial District DC - Downtown Commercial I - Industrial District A - Agricultural District RC - Recreational District F - Floodplain Overlay District PUD - Planned Unit Development.”

• Manufactured homesLimited

  Manufactured homes in the R-1 Residential District inside Hettinger city.

  • The home must be on a permanent foundation on a platted lot, have at least 1,120 square feet and a 20-foot minimum width, and satisfy specified foundation, wheel-and-hitch, age, permit, hearing, and neighboring-owner-consent conditions.

  minimum floor area: >= 1120 square feet · minimum exterior width: >= 20 feet

  “All manufactured homes on permanent type foundations on platted lots with a minimum square footage of eleven hundred and twenty (1,120) square feet and a minimum width of twenty (20) feet.”

• Who permits septicMixed (with conditions)

  Sanitary systems for subdivisions inside Hettinger city.

  • Private septic systems may be approved by the county sanitarian on lots of at least one acre.
  • All sanitary systems must be reviewed and approved by the county sanitarian or Health District.

  “Private septic systems may be approved by the county sanitarian on lots of a minimum of one (1) acre. [...] All sanitary systems shall be reviewed and approved by county sanitarian or Health District.”

• Off-grid sanitationLimited

  On-site sewage systems in new subdivisions inside Hettinger city.

  • Allowed only on individual-case review.
  • Private septic systems may be approved by the county sanitarian only on lots of at least one acre.

  minimum lot area for private septic approval: >= 1 acre

  “On an individual case review, an on-site sewage system may be allowed. [...] Private septic systems may be approved by the county sanitarian on lots of a minimum of one (1) acre.”

• Mandatory utility hookupConditional

  New subdivisions inside Hettinger city.

  • All subdivisions must have public sanitary sewers to each lot.
  • On-site sewage may be allowed on individual-case review.
  • Sewer extension to an individual lot is excepted where the Planning and Zoning Commission finds it impractical.

  “All subdivisions shall be provided with public sanitary sewers to each lot. On an individual case review, an on-site sewage system may be allowed.”

• Agricultural exemptionAvailable

  Buildings and activities directly used in connection with farming operations in Hettinger city.

  • The exemption is from the development-permit requirement stated in section 8.6.

  “It shall be unlawful for any person to commence any development without obtaining a development permit, except buildings and activities directly used in connection with farming operations.”

• Subdividing landRegulated (with conditions)

  Subdivisions inside Hettinger city.

  • A subdivision of no more than four lots with no required street, road, or utility easements and no grading or recontouring may follow minor-subdivision guidelines.
  • The city regulations also extend to its extraterritorial jurisdiction; this claim is limited to city limits.

  minor subdivision maximum lots: <= 4 lots (no required street or road easements, utility easements, grading, or recontouring)

  “All subdivisions made within the city or its extra-territorial jurisdiction shall be subject to and shall conform to the requirements of this chapter.”

• Permit feesVariable (with conditions)

  Building permits, development permits, conditional-use permits, and zoning amendments in Hettinger city.

  • Fees follow the city's resolution of fees and schedules.
  • Applicants must also cover processing costs, including publication costs, attorney's fees, mileage, and copying expenses.
  • No permit issues until costs are paid unless City Council provides otherwise by resolution for a particular case.

  “The City Auditor shall charge and collect a fee according to the resolution of fees and schedules established by the City. [...] No permit shall be issued until such costs have been paid by the applicant, unless the City Council has otherwise provided by resolution for a particular case.”

• Permit processPublished (with conditions)

  Development permits in Hettinger city.

  • Development may not commence without the permit except for buildings and activities directly connected with farming operations.
  • Permits expire one year after issuance.

  permit expiration: 1 year from issuance

  “It shall be unlawful for any person to commence any development without obtaining a development permit, except buildings and activities directly used in connection with farming operations. 2. Any permit issued pursuant to these provisions shall expire one year from the date of issuance.”

Rules another office applies inside Hettinger

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

• Minimum dwelling sizeSpecified

  Manufactured homes in Hettinger’s R-1 Residential District.

  • The standard applies to manufactured homes allowed conditionally in R-1; it does not establish a general minimum floor area for every single-family dwelling.

  minimum floor area: >= 1120 square feet (manufactured homes on permanent-type foundations on platted lots)

  “All manufactured homes on permanent type foundations on platted lots with a minimum square footage of eleven hundred and twenty (1,120) square feet and a minimum width of twenty (20) feet.”

• Minimum lot sizeSpecified

  R-1 Residential District inside Hettinger city.

  minimum lot width: >= 50 feet · minimum lot area: >= 7000 square feet

  “Minimum width: 50 feet (2) Minimum area: 7,000 square feet”

  One more reviewed finding on this topic

  • Specified — Rural Residential District inside Hettinger city.

    “4.5 Rural Residential District [...] (C) Area Requirements: 1. Minimum Lot Size: 5 Acres”

• SetbacksSpecified

  R-1 Residential District inside Hettinger city.

  • Corner lots have a 25-foot front setback and a 15-foot side-yard street setback; a side-yard street garage-door entrance requires 20 feet.

  front yard: >= 25 feet · rear yard: >= 20 feet · side yard: >= 6 feet

  “Front yard: minimum depth of twenty-five (25) feet (2) Rear yard: minimum depth of twenty (20) feet from the rear property line. (3) Side yard: minimum width of six (6) feet.”

  One more reviewed finding on this topic

  • Specified — Rural Residential District inside Hettinger city.

    “Setback Requirements: 1. Front: Fifty (50) feet 2. Side: Twenty (20) Feet 3. Rear: Twenty Five (25) Feet”

• Lot coverageSpecified

  Single-family units in R-1 Residential District inside Hettinger city.

  • Maximum impervious coverage is also limited to 50 percent of lot coverage.

  maximum principal-and-accessory building coverage: <= 40 percent of lot (single-family units) · maximum impervious coverage: <= 50 percent of lot (single-family residential lot)

  “For single family units the principal building and all accessories shall not cover more than forty (40) percent of the lot. (4) The maximum impervious coverage on a single family residential lot cannot exceed fifty (50) percent of lot coverage.”

  One more reviewed finding on this topic

  • Specified — Rural Residential District inside Hettinger city.

    “Maximum Lot Coverage: Twenty Five (25) % [...] Maximum Impervious Coverage: Thirty Five (35) %”

• Building heightSpecified

  R-1 Residential District inside Hettinger city.

  maximum building height: <= 35 feet · maximum stories: <= 2 stories

  “No building shall exceed thirty-five (35) feet or two (2) stories in height.”

• Driveway accessLimited

  Driveways serving required off-street parking in the R-1 Residential District inside Hettinger city.

  • Gravel driveways are permitted where city streets are gravel.
  • If the city later paves such a street, affected owners have two years from pavement completion to pave driveways with concrete or asphalt.

  “All required off-street parking surfaces including driveways must consist of either concrete or asphalt. In an area of the city where the streets are gravel, gravel driveways are permitted.”

• Building in a floodplainRequired

  Construction or development in areas of special flood hazard in Hettinger city.

  • The permit must include lowest-floor elevation, floodproofing elevation, an engineer or architect certification for nonresidential floodproofing, and a description of any altered or relocated watercourse.

  “Before construction or development begins within any area of special flood hazard, a permit shall be obtained from the Code Administrator.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Hettinger city.
• Living in an RV — Long-term occupancy of recreational vehicles on private land inside Hettinger city.
• Camping on your land — Temporary camping on private land inside Hettinger city.
• Tiny homes — Tiny-home occupancy inside Hettinger city.
• Accessory dwellings — Accessory dwelling units inside Hettinger city.

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.