Building permits, zoning and land rules in Divide County, North Dakota

Yes. Divide County requires a building permit whenever a structure is built or moved onto property in the county¹. The county adopted the North Dakota State Building Code and may add requirements for local needs⁴.

Keep the issued permit posted until the project and all required inspections and approvals are complete². Divide County will not issue a certificate of occupancy or allow use of the building until those inspections and approvals are finished². Building-permit and plan-review fees are set by the enforcing jurisdiction, so request the current amount before filing; the county's published work-housing charges are specialized fees, not a general residential building-permit schedule^2,10. Agricultural buildings are exempt from the state building-code chapter only when they are not used for human habitation or by the public; county zoning and other applicable rules may still apply¹¹.

Start with Divide County DES/Zoning/911 at the courthouse in Crosby: call (701) 965-6361 or visit 200 N Main St., Crosby, ND 58730¹². The county publishes its building-permit application through the Planning and Zoning forms page¹².

Give the office the parcel address because jurisdiction varies: the county ordinance covers unorganized townships, organized townships may retain their own zoning, and incorporated municipalities may have separate rules^2,4. North Dakota assigns code enforcement to a city, township or county that elects to administer it, and county enforcement applies where a city or township does not¹³. We could not confirm an owner-builder exemption from Divide County permit or inspection requirements, so an owner acting as builder should ask DES/Zoning/911 which inspections, licensed trades and documents apply. After issuance, the county permit must stay posted through completion of required inspections and approvals².

Yes, but the governing authority depends on the parcel. Divide County's ordinance applies throughout unorganized townships; organized townships may keep their own zoning, and incorporated municipalities may have separate rules^2,4. County-administered land is divided among Agricultural, Commercial, Industrial, Rural Residential and Recreational districts². Ask the county planning office to identify the jurisdiction and district before relying on a listing description¹².

Homes with septic systems require at least 43,560 square feet, 100 feet of width and 200 feet of depth¹⁴. Coverage limits vary by district¹⁴. Buildings generally may not exceed 40 feet without a variance, with exceptions for agricultural, industrial and institutional structures and specified appurtenances². Farmers may establish up to two accessory dwellings for employees directly engaged in agricultural operations, while a Recreational District accessory dwelling requires conditional-use approval². We could not confirm a county minimum dwelling floor area, so ask the office about a particular small-home plan.

The Upper Missouri District Health Unit permits septic systems in Divide County and licenses installers in its service area³. A local public-health permit must be secured before an onsite wastewater system is installed, while the installer also needs the state license required by the North Dakota Department of Environmental Quality^15,16.

Divide County's own ordinance requires the health unit's septic or sewer permit for an application involving a sewage-treatment or septic system; subdivision projects also need percolation tests before a building permit is issued⁵. Private water and sewer systems must be inspected by the health unit before final approval and hookup and certified to meet state health standards². Call the local office at 701-965-6813 before site work³. Only 40.2% of county soils rate as free of severe limitations for a conventional drain field, so make wastewater feasibility an early purchase contingency¹⁷. Ask the health unit about inspection and cover-up timing for the proposed system.

Divide County defines a recreational vehicle for vacation or recreation, not year-round residence². An occupied RV in an RV park is limited to 45 days or less, and campground occupancy by a travel trailer or tent may not exceed 45 days in a consecutive six-month period⁶. Those limits do not answer occupancy on every private parcel, so ask the planning office whether temporary RV living during construction is allowed in the parcel's district^6,12.

A tiny home built or moved onto property still requires the county building permit and district review^1,2. We could not confirm a tiny-home-specific occupancy rule or minimum dwelling floor area, so obtain a written answer for the proposed design and use. A new manufactured home installed for residential use in North Dakota must be installed and inspected by state-licensed professionals¹⁸. Accessory dwellings are limited by district and use².

1. Give Divide County DES/Zoning/911 the parcel address and confirm the governing jurisdiction, zoning district and allowed use^2,4,12.
2. Confirm lot size, coverage, height, access and any variance or conditional-use approval before finalizing plans^2,14.
3. For an Agricultural District access point, obtain a permit from the Divide County Road Department or the Township Board for the road being accessed².
4. Apply for the building permit before construction or moving a structure onto the property, and request the current fee and plan-review requirements^1,10.
5. Obtain the Upper Missouri District Health Unit septic permit before wastewater work; private water and sewer systems also need health-unit inspection and certification before final hookup^5,6.
6. Keep the building permit posted, complete every required inspection and approval, and obtain the certificate of occupancy before using the building².

Begin by identifying the governing zoning authority, district, buildable area and wastewater feasibility. County rules do not replace retained township zoning or separate municipal authority, and only 40.2% of Divide County soils rate without severe limitations for a conventional septic drain field^4,17. Ask Planning and Zoning whether the parcel lies in a regulated floodplain and who reviews floodplain development, because we could not confirm a standalone local process.

Confirm legal access and the responsible road authority: Agricultural District access points require a permit from the Divide County Road Department or the Township Board for the road being accessed². A proposed access connection involving the state highway system also requires coordination with NDDOT, and work within state highway right-of-way needs an NDDOT driveway permit before it proceeds¹⁹. If land will be divided, the county's sketch-plan and plat process involves county staff, affected township boards, the Planning and Zoning Commission, county commissioners, applicable agencies and the public². For a private well, the state Department of Water Resources requires a permit only when the well will draw more than 12.5 acre-feet per year, and a hired person who builds or repairs a well must be a licensed contractor^8,9.