Zoning, building permits and septic rules in New England, North Dakota

New England’s own rules

• Building permitRequired

  Construction, alteration, moving of structures inside New England city

  • Exception for buildings and activities directly used in connection with farming operations.
  • Permit expires one year from issuance, extendable up to six months.
  • Accessory buildings: permit for movable buildings of 120 sq ft or more or any permanent building; above-ground pools under 5000 gal need no permit.

  permit validity: 1 year (extendable up to 6 months)

  “no structure, land, and building shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit in the city of new england”

• Building code adoptedAdopted

  Buildings and structures inside New England city

  • City may amend sections affecting local conditions.
  • Ordinance lists 2012 IBC and 2012 IRC among state codes; the list is truncated in the opened text and may be outdated.

  “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”

• Local zoningPresent

  Land inside New England city (Hettinger County) and its extraterritorial zoning area

  • Source is the city's archived 2019 ordinance posting; the ordinance text states no adoption date.
  • Applies in incorporated parts and in the city's extraterritorial zoning jurisdiction.

  “this ordinance shall be entitled "the zoning ordinance for the city of new england, north dakota."”

• Zoning districtsPublished

  Zoning districts inside New England city

  • Official zoning map is on file with the code administrator.

  “r mh c i a rc residential district mobile home district commercial district industrial district agricultural district recreational district f floodplain overlay district”

• Minimum dwelling sizeSpecified

  Owner-occupied manufactured homes in R-1 district only; no general minimum floor area found for site-built homes

  • Mobile home definition also requires at least 720 sq ft.

  minimum manufactured home size R-1: >= 1200 sq ft

  “owner occupied manufactured homes on permanent type foundations on platted lots with a minimum square footage of twelve hundred (1,200) square feet.”

• Minimum lot sizeSpecified

  Residential district R-1 (new construction), New England city

  • R-2 also 75 ft width and 11,250 sq ft.

  minimum width: >= 75 ft · minimum area: >= 11250 sq ft

  “minimum width: 75 feet ii. minimum area: 11,250 square feet iii. for single family units the principal building and all accessories shall not cover more than fifty (50) percent of the lot.”

  One more reviewed finding on this topic

  • Specified — Agricultural district (A), non-farm single-family dwellings, New England city

    “non-farm single family dwellings on three (3) acres or more.”

• SetbacksSpecified

  Residential district R-1, New England city

  • Accessory buildings with vehicle door facing alley/street: 20 ft, otherwise 5 ft from property line (9.0403, 9.0308 accessory buildings at least 5 ft from all lot lines).
  • Measured to closest point of structure including soffits and overhangs.
  • R-2: front 25, side 10, rear 40 ft.

  front yard: >= 20 ft · rear yard: >= 20 ft · side yard: >= 5 ft

  “front yard: a minimum depth of twenty (20) feet from the property line iii. rear yard: a minimum depth of twenty (20) feet from the rear property line.”

• Lot coverageSpecified

  Single-family units in Residential district R-1, New England city

  • R-2: 60% of net buildable area of interior lots, 45% on corner lots.

  max coverage: <= 50 percent of lot

  “for single family units the principal building and all accessories shall not cover more than fifty (50) percent of the lot.”

• Building heightSpecified

  Residential district R-1, New England city

  • Accessory buildings limited to 15 feet (9.0308).
  • Section 9.0609 lists exceptions to maximum height, not reviewed.

  max height: <= 35 ft (or two stories)

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

• Living in an RVLimited

  RV occupancy inside New England city

  • Allowed only by conditional use or temporary permit from the governing body.
  • Not configured for occupancy on public streets or abutting easements.

  “recreational vehicles shall not be used for occupancy in residential or commercial areas. except, where allowed by conditional use or temporary permit issued by the governing body.”

• Camping on your landLimited

  RV campgrounds in the agricultural district (A) inside New England city

  • Conditional use only; site plan approved by city; water and sanitary facilities must meet ND state health department requirements.
  • Minimum 90,000 sq ft and maximum 15 campsites per gross acre (as written).

  max campsites: <= 15 per gross acre

  “tourist and trailer camps---recreational vehicle campgrounds: i. campground shall contain a minimum of ninety (90,000) square feet and a maximum of fifteen (15) campsites per gross acre.”

• Manufactured homesLimited

  Owner-occupied manufactured homes in Residential district R-1, New England city

  • Conditional use; permanent foundation required, wheels and hitches removed.
  • Written consent of 2/3 of owners of record within 300 feet, subject to appeal to board of adjustment.
  • Mobile home district (MH) provides mobile home parks.

  minimum square footage: >= 1200 sq ft

  “owner occupied manufactured homes on permanent type foundations on platted lots with a minimum square footage of twelve hundred (1,200) square feet.”

• Off-grid sanitationLimited

  On-site sanitation inside New England city

  • New development must connect to an approved on-site sewage system.

  “construction and use of privies, outhouses, and cesspools is prohibited within the city.”

• Well permitLimited

  Domestic water wells inside New England city

  • Rules and conditions set by zoning commission and city council apply.

  “building permits may be issued to property owners for a water well for domestic use as stated in section 61-04-01.1(4) of the north dakota century code.”

• Agricultural exemptionConditional

  Buildings and activities used in connection with farming operations inside New England city

  • Exemption applies only to buildings and activities directly used in connection with farming operations.

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

• Subdividing landRegulated (with conditions)

  Land division inside New England city

  • Article 5 of the zoning chapter contains subdivision regulations (minor subdivision, sketch plan, preliminary and final plat); details not reviewed.

  “no land shall be divided for a use which is held unsuitable by the city and the city planning and zoning commission for the reason of flooding”

• Driveway accessRequired

  Concrete and asphalt driveways on city right-of-way or city property inside New England city

  • Dwelling units must be built on a lot abutting a dedicated public road (9.0308).

  “driveways and aprons: permit is required for all concrete and asphalt driveways located on city right-of-way or city property.”

• Permit feesVariable (with conditions)

  Building and zoning permits inside New England city

  • Applicant also pays processing costs (publication, attorney fees, etc.); fee schedule itself not found.

  “the city auditor shall charge and collect a fee according to the resolution of fees and schedules established by the city.”

• Permit processPublished (with conditions)

  Building permits inside New England city

  • Application needs drawings, estimated cost, site diagram with setbacks, and construction type.
  • Changes to approved plans must be resubmitted for review.

  “building permits are acquired by application to the zoning commission or governing body, and shall be valid only after approval by either of the above.”

Still unanswered

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

• Owner-builder exemption — Owner-builder inside New England city
• Inspections — Inspections inside New England city
• Certificate of occupancy — Certificate of occupancy inside New England city
• Tiny homes — Tiny homes inside New England city
• Accessory dwellings — Accessory dwelling units inside New England 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.