Bolthole Index

Divide County, North Dakota

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

41Index Score / 100
#50 of 53 in North Dakota

Divide County, North Dakota requires a building permit when a structure is built or moved onto property, and the county has adopted the North Dakota State Building Code.12 Countywide zoning also applies, while septic permits go through the Upper Missouri District Health Unit.34

At a glance

Building permit
Required when a structure is built or moved onto property1
Zoning
Countywide zoning is administered by the Planning and Zoning Commission3
Septic
Local health permit required before installation56
RV living
Private-land occupancy rule not confirmed; ask Divide County Planning and Zoning3
Tiny home
No county-specific occupancy rule confirmed; building-permit and zoning review still apply13
Owner-builder
No local exemption confirmed; ask Planning and Zoning before doing your own work7
Private well
State appropriation permit above the annual withdrawal threshold; smaller qualifying uses must be reported8

Who to call

Planning & zoning

Divide County DES/Zoning/911

Building-permit applications, zoning administration and questions about county development review

(701) 965-6361

200 N Main St. Crosby, ND 58730

Online permits →

Septic permits

Upper Missouri District Health Unit

Septic-system permits and installer licensing in Divide County

701-965-6813

Divide Co. Courthouse 200 N Main St PO Box 69 Crosby, ND 58730

Contact details are copied from each office’s official page and were checked against it on September 28, 2026.

Do you need a building permit in Divide County, North Dakota?

Yes. Divide County requires a building permit whenever a structure is built or moved onto property in the county.1 The Divide County Board of County Commissioners adopted the North Dakota State Building Code as the county standard, and buildings and structures must satisfy that code.2

North Dakota's current state-code framework uses the 2024 building, residential, mechanical, fuel-gas, energy-conservation and existing-building codes with state amendments, effective in 2026.9 Permit and plan-review fees are set by the enforcing jurisdiction rather than by one statewide fee schedule, so request the current amount from Divide County before filing.10 A state-code exemption covers a building used for agricultural purposes unless it is used for human habitation or by the public, but that exemption does not itself erase separate county zoning or application requirements.11 Ask Planning and Zoning how the county treats the particular farm structure before starting work.

Who issues building permits in Divide County, and how do you reach them?

Start with Divide County DES/Zoning/911 at the courthouse in Crosby: call (701) 965-6361 or visit 200 N Main St., Crosby, ND 58730.12 The county publishes an Application for Building Permit through its Planning and Zoning forms page.12

Submit early enough for zoning review as well as code review. Divide County has countywide zoning administered by its Planning and Zoning Commission, and the county has adopted the state building code.32 North Dakota leaves enforcement to the city, township or county that elects to administer the code, and a county enforces where a city or township does not.13 That makes the parcel address important: tell the office whether the property is inside a city or township jurisdiction and ask which authority will review the work. No local owner-builder exemption was confirmed, so an owner planning to act as builder should ask the office what inspections, licensed trades and documentation apply.7

Does Divide County, North Dakota have zoning?

Yes. Divide County has a countywide zoning ordinance administered by the Planning and Zoning Commission.3 North Dakota law allows a county commission to regulate building locations and uses and the use or occupancy of land, subject to the state building-code chapter and a comprehensive plan.14

A building permit is therefore only one part of the land-use check. Before relying on a listing's description, ask Divide County Planning and Zoning to confirm the parcel's district, whether the proposed home or accessory building is allowed, and whether a variance or conditional-use approval is needed. The reviewed material did not confirm a countywide minimum dwelling floor area or a specific tiny-home occupancy rule. It also did not establish a general local agricultural exemption from zoning or permits; the confirmed state exemption is limited to the state building-code chapter and excludes habitation and public use.11 Ask for a written parcel-specific answer on setbacks, small dwellings and agricultural structures before ordering plans.

How do septic permits work in Divide County?

The Upper Missouri District Health Unit is the septic permitting authority for Divide County and licenses installers in its service area.15 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.166

Divide County's application materials require the health unit's septic or sewer permit for any application involving a sewage-treatment or septic system; subdivision projects also need percolation tests before a building permit is issued.5 Call the Divide County health-unit office at 701-965-6813 or visit the Divide County Courthouse, 200 N Main St, Crosby, before site work.15 Only 40.2% of county soils rate as free of severe limitations for a conventional drain field, so make wastewater feasibility an early purchase contingency rather than assuming a standard layout will work.17 A general county septic-inspection requirement was not confirmed; ask the health unit what inspections and cover-up timing apply to the proposed system.

Can you live in an RV or tiny home on land in Divide County?

Divide County's reviewed rules do not confirm a general right to live in an RV on private land or a county-specific occupancy rule for tiny homes. Ask Divide County Planning and Zoning how the zoning ordinance classifies the proposed unit, whether residential occupancy is allowed in the parcel's district, and whether temporary RV occupancy during construction needs approval.

A tiny home that is built or moved onto property still falls within the county's stated building-permit rule, and countywide zoning still applies.13 A new manufactured home installed for residential use in North Dakota must be installed by a state-licensed installer and inspected by a state-licensed inspector.18 The state-park rule limiting campsite and cabin stays concerns state parks only and does not answer private-land occupancy in Divide County.19 Minimum dwelling size also remains unconfirmed, so obtain a written zoning answer before buying a small home or treating an RV as a residence.

Building a home in Divide County: what are the steps?

  1. Give Divide County DES/Zoning/911 the parcel address and confirm which jurisdiction, zoning district and land-use approvals apply.123
  2. Confirm the proposed home's setbacks, access, utility plan and any variance or conditional-use process before finalizing plans.14
  3. Apply for the county building permit before construction or before moving a structure onto the property, and request the current local fee and plan-review requirements.110
  4. Apply to the Upper Missouri District Health Unit for the local septic permit before wastewater work begins; subdivision work also needs the county-required percolation testing before the building permit is issued.56
  5. If using a private well, determine whether the planned annual withdrawal exceeds 12.5 acre-feet and file the required permit or report with the Department of Water Resources.8
  6. Ask the county and health unit which building and septic inspections must occur before work is covered or occupied, because a general county septic-inspection rule was not confirmed.

What should you check before buying land in Divide County?

Begin with zoning, a buildable area and wastewater feasibility. Divide County has countywide zoning, and only 40.2% of county soils rate without severe limitations for a conventional septic drain field.317 Ask Planning and Zoning whether the parcel lies in a regulated floodplain and who reviews floodplain development, because a standalone local permit process was not confirmed.

Confirm year-round legal access with the road authority that maintains the approach, and do not assume a county road-maintenance page establishes a driveway permit. For water, North Dakota requires an appropriation permit when annual withdrawal exceeds 12.5 acre-feet; qualifying smaller domestic, livestock, fish-and-wildlife and recreational uses must still be reported.8 Divide County averages 16.1 inches of precipitation annually, so verify the intended water source and realistic yield before closing.20 The effective property-tax rate is about 0.6%, and the median annual property-tax bill is $1,034; confirm the parcel's current assessment and exemptions with the county.2122

Watch-outs

  • A state building-code exemption for qualifying agricultural buildings does not cover buildings used for habitation or by the public, and it does not by itself answer county zoning or permit requirements.11
  • Do not begin septic work with only a building application: a local public-health permit is required before installation.56
  • Private-land RV occupancy, tiny-home occupancy, minimum dwelling size and a local owner-builder exemption remain unconfirmed; ask Divide County DES/Zoning/911 for written answers before purchase.1237
  • Conventional septic feasibility is not automatic because only 40.2% of Divide County soils rate without severe drain-field limitations.17

Sources

  1. Divide County - Planning and Zoning (2026 county census)
  2. Planning and Zoning - Divide County, ND, quoted and re-checked
  3. Divide County - Planning and Zoning (2026 county census)
  4. Upper Missouri District Health Unit - Environmental Health (2026 county census)
  5. Zoning Application Forms - Divide County, ND, quoted and re-checked
  6. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
  7. (2026 county census)
  8. Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
  9. Building Codes | Commerce | North Dakota (North Dakota statewide rule), quoted and re-checked
  10. 2026 North Dakota State Building Code Book (North Dakota statewide rule), quoted and re-checked
  11. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule), quoted and re-checked
  12. Divide County DES/Zoning/911 (dividecountynd.org)
  13. Building Codes (North Dakota statewide rule), quoted and re-checked
  14. North Dakota Century Code, Chapter 11-33, County Zoning (North Dakota statewide rule), quoted and re-checked
  15. Upper Missouri District Health Unit (umdhu.org)
  16. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
  17. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  18. Manufactured Home Installation Program (North Dakota statewide rule), quoted and re-checked
  19. Parks and Recreation FAQ (North Dakota statewide rule), quoted and re-checked
  20. Annual precipitation: Bolthole Index county data
  21. Effective property tax rate: Bolthole Index county data
  22. Median property tax bill: Bolthole Index county data

Written September 28, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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County locator

Divide County in North Dakota

41
County map
Divide County highlighted among the North Dakota counties · colored by Index score

How Divide County scores

Seclusion86100% ev.
Self-Sufficiency1492% ev.
Admin Boringness4390% ev.
Durability44100% ev.
Property Autonomy73100% ev.
Carry Cost8194% ev.

Evidence strength: 96%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$173kTypical home
0.6%Property tax
$1,378Land / acre
16.1"Annual rain
18.8% of yrsSevere drought
4.4 / yr (+3.8)Mid-century 100°F days
22.2 daysMid-century dry spell
1.19" (+5.5%)Mid-century 1-day rain
1.39×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
32,128People within 2 hr
1,730Radius comparison (15 mi)
1.7People / sq mi
34.6%Federal land
94.2%Land at 15% slope or less
40.2%Septic soil without severe limits
322,311 acWorkable land screen
0.1%Wooded land
39.5°FAvg temp

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Answers from the rulebook for Divide County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Divide County rules

  • Building code adoptedAdopted (with conditions)

    Buildings and structures within Divide County.

    • The county may incorporate additional requirements based on local needs.
    “The Divide County Board of County Commissioners have adopted the North Dakota State Building Code as the standard for Divide County.”
  • Septic permitRequired

    Applications involving a sewage treatment or septic system in Divide County.

    • The county application page identifies the UMDHU septic/sewer permit as required for all applications having a sewage treatment or septic system.
    • Subdivision projects additionally require percolation tests before a building permit is issued.
    “A permit is required for all applications having a sewage treatment / septic system”
  • Building permitRequired

    The Divide County Commissioners adopted the North Dakota State Building Code, and a building permit is required whenever any structure is built or moved onto a property in the county.

    Divide County - Planning and Zoning ↗Scouted from the county site, not yet independently re-checked

  • County-wide zoningPresent

    Divide County has adopted a countywide Zoning Ordinance (effective 1996) administered by its Planning and Zoning Commission.

    Divide County - Planning and Zoning ↗Scouted from the county site, not yet independently re-checked

North Dakota rules that apply here

  • InspectionsRequired

    Factory-built modular residential or commercial structures manufactured in North Dakota or intended for placement in North Dakota, where the manufacturer produces two or more modular residential or commercial structures per year.

    • The manufacturer must contract with a third party for inspection during the manufacturing process in the factory.
    • The third-party inspector must be approved as a certified third-party inspector by the Division of Community Services.
    • The inspection covers applicable building, electrical, fire, and plumbing codes and standards.
    • When a certified third-party inspector monitors compliance during factory manufacturing, no further inspection by state or local building, electrical, fire, or plumbing inspectors may be required for that structure during the manufacturing process in the factory.
    • The statutory provision does not apply to a factory manufacturing fewer than two residential or commercial structures per year; the Commerce program page states that manufacturers producing less than two modular structures per year are exempt but must submit a yearly certification of exemption.

    annual modular structures produced: >= 2 structures/year (Factories producing fewer than two residential or commercial structures per year are exempt from the statutory provision; the Commerce program page requires a yearly certification of exemption.)

    “shall contract with a third party for the inspection of the structure for compliance with all applicable building, electrical, fire, and plumbing codes and standards”
  • Manufactured homesLimited

    New manufactured homes installed in North Dakota for residential purposes.

    • Installation must be performed by an installer licensed by the Division of Community Services.
    • The home must be inspected by an inspector licensed by the Division of Community Services.
    • The installer must first apply for and receive authorization to install the home from a licensed inspector.
    • A minimum of two inspections are required on a double-wide home and one inspection on a single-wide home.
    • After installation meets the installation requirements, an insignia is attached to show the home passes inspections.

    minimum inspections for double-wide manufactured home: >= 2 inspections · minimum inspections for single-wide manufactured home: 1 inspection

    “All new manufactured homes installed in North Dakota for residential purposes must be installed by an installer licensed by the Division of Community Services and inspected by an inspector licensed by the Division of Community Services.”
  • Who permits septicMixed

    On-site wastewater treatment systems statewide in North Dakota.

    • The North Dakota Department of Environmental Quality licenses onsite wastewater treatment system installers.
    • A local public health unit issues the system permit before work begins.
    • Installers must follow local codes.
    “The North Dakota Department of Environmental Quality oversees the licensing of onsite wastewater treatment system installers”
  • Well permitLimited

    Private water-supply wells statewide in North Dakota.

    • A water appropriation permit from the North Dakota Department of Water Resources is required when annual withdrawal exceeds 12.5 acre-feet.
    • A permit is not needed for wells drawing less than 12.5 acre-feet per year, according to the official private-well guide.
    • For domestic, livestock, fish and wildlife, and recreational uses below 12.5 acre-feet per year, the location and capacity of constructed works must be reported to the Department of Water Resources.
    • Anyone hired to construct, install, or repair a well, pump, or pitless unit must be licensed; individuals may install or repair wells on their own property without a license.

    annual water withdrawal threshold: > 12.5 acre-feet per year (Domestic, livestock, fish and wildlife, and recreational uses below this threshold do not require a water appropriation permit but must be reported.) · annual water withdrawal threshold: > 4073137 gallons per year (Equivalent threshold stated by the Department of Water Resources.)

    “Domestic, municipal, public, livestock, fish and wildlife, and recreational water use exceeding 12.5 acre-feet (4,073,137 gallons or 96,979 barrels) per year.”
  • Agricultural exemptionAvailable (with conditions)

    Buildings used for agricultural purposes under North Dakota's State Building Code.

    • The statute defines agricultural purposes to include agriculture, farming, ranching, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry.
    • The exemption does not apply when the building is a place of human habitation or is for use by the public.
    • The exemption is from Chapter 54-21.3, the State Building Code chapter; other applicable laws or local authorities may still apply.
    “Any building used for agricultural purposes, unless a place of human habitation or for use by the public, is exempt from this chapter.”
  • Building in a floodplainRequired

    Construction or modification of North Dakota water-control structures regulated by the Department of Water Resources.

    • A DWR construction permit is required when a water-control structure is capable of retaining, diverting, or obstructing more than 50 acre-feet for dikes, other devices, and low-hazard dams.
    • The threshold is more than 25 acre-feet for medium-hazard and high-hazard dams.
    • This claim does not establish the separate local floodplain-development-permit requirements administered by local floodplain administrators.

    retention/diversion/obstruction threshold for dikes, other devices, and low-hazard dams: > 50 acre-feet · retention/diversion/obstruction threshold for medium- and high-hazard dams: > 25 acre-feet

    “A construction permit is required from the DWR if a water control structure is constructed or modified”
  • Short-term rentalsLimited

    Transient lodging rentals held out to the public for a charge in North Dakota.

    • A lodging license applies to buildings or structures held out to the public where sleeping accommodations are furnished to transient guests for a charge.
    • The lodging license does not apply to a single structure with five or fewer guest rooms and ten or fewer total occupants.
    • The lodging license also does not apply to a series or group of buildings or structures containing five or fewer guest rooms and ten or fewer total occupants.
    • License applications must be submitted at least 30 days before beginning construction or acquiring new ownership; new construction, renovation, or remodeling also requires the Section 3 Plan Review Checklist; after payment, review may take up to 30 calendar days.

    guest-room exemption threshold: <= 5 guest rooms or fewer (Only when total occupants are ten or fewer.) · occupant exemption threshold: <= 10 occupants or fewer (Only when the structure has five or fewer guest rooms.)

    “The lodging license does not apply to: Single structures with five or fewer guest rooms and ten or fewer total occupants.”
  • Permit feesVariable (with conditions)

    Building-permit fee schedules under the North Dakota State Building Code framework.

    • The applicable enforcing jurisdiction determines how it administers and enforces the state building code.
    • The state publication provides only a sample jurisdiction fee schedule, not a single statewide fee schedule.
    • Permit and plan-review fees are established by the applicable governing authority; plan-review fees are separate from and in addition to permit fees.
    “Where a permit is required, a fee for each permit and plan review shall be paid as required, in accordance with the schedule as established by the applicable governing authority.”
  • Permit processPartial

    Administration and enforcement of the North Dakota State Building Code by eligible city, township, and county jurisdictions.

    • A city, township, or county that elects to administer and enforce a building code must adopt and enforce the state building code.
    • Local jurisdictions may amend the state building code to conform to local needs.
    • A city or township may enforce only within its jurisdictional area; a county may enforce in areas where the state building code is not administered by a city or township.
    “Community Services is not involved in the enforcement of the State Building Code. This is the responsibility of jurisdictions that elect to adopt and enforce building codes.”
  • Campground & park staysLimited

    Camping at North Dakota state-park campsites and cabins administered by the North Dakota Parks and Recreation Department.

    • Campsite and cabin occupancy is limited to no more than 14 nights in any 30-day period.
    • All vehicles entering a state park must have a valid daily or annual vehicle entrance permit, including overnight stays and day visits.
    • The cited rule concerns state-park facilities and does not determine camping on private land or land governed by local ordinances.

    maximum campsite or cabin occupancy: <= 14 nights in any 30-day period

    “Campsite and cabin occupancy is limited to no more than 14 nights in any 30-day period.”
  • county zoning authorityGeneral

    North Dakota counties adopting zoning regulations for land and buildings within the county, including unincorporated areas.

    • The authority is exercised by the board of county commissioners.
    • Regulation is subject to North Dakota Century Code chapter 54-21.3.
    • The authority covers the location and use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.
    • County zoning regulations must be made in accordance with a comprehensive plan.
    • A county may divide all or any parts of the county into districts, and regulations must be uniform within each district but may differ between districts.
    • County zoning regulations must account for the statutory limitations governing farming, ranching, and animal feeding operations in section 11-33-02.1.
    • The board must state the grounds for approving or disapproving zoning amendments or variances, and written findings must be included in the records.
    • The board must establish zoning requirements for solid waste disposal and incineration facilities before July 1, 1994.
    • The board may impose tipping or other fees on solid waste management and incineration facilities, but may not impose a fee under this section on an energy conversion facility or coal mining operation that disposes of its waste onsite.
    • The board may establish institutional controls addressing environmental concerns with the department of environmental quality under section 23.1-10-16.
    “For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Owner-builder exemption — Owner-builder exemption from building-permit or inspection requirements.
  • Minimum dwelling size — Minimum dwelling size requirements.
  • Tiny homes — Tiny-home occupancy in Divide County.
  • Septic inspection — Inspection of septic systems in Divide County.
  • Off-grid sanitation — Off-grid sanitation and disposal systems outside the specifically regulated subdivision context.

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.

Living off-grid in Divide County, North Dakota

Is Divide County a good place to live off-grid or homestead?

Divide County scores 41/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 1,730 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (16.1″/yr rainfall).

Do you need a building permit in Divide County, North Dakota?

Divide County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Upper Missouri District Health Unit (UMDHU) - Environmental Health. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Divide County, North Dakota?

Land in Divide County runs about $1,378 per acre, based on the latest county data.

What is the water situation in Divide County?

Divide County gets about 16.1" of rain a year, with severe drought in roughly 18.8% of years.

How remote is Divide County?

A typical private-land location has about 1,730 people within 15 miles and 208,731 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

Off-grid gear

Going off-grid in Divide County means bringing your own water and power. The kit we’d start with:

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How Divide compares in North Dakota

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