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

Unincorporated McHenry County requires a zoning-permit application to erect, move, add to or structurally alter a structure where county zoning applies¹. The zoning permit costs $40 when estimated improvements are under $10,000 and $100 when they are over $10,000; the applicable fee must be paid before the county acts¹. A separate general building permit and county building-code inspection program could not be confirmed; the verified county inspection authority is for zoning-permit compliance¹. Ask McHenry County Planning Commission (Zoning) whether building-code review applies to the project in addition to the zoning permit². Qualifying agricultural land, buildings and normal incidents of agriculture are protected from restriction by the county zoning ordinance, but that provision does not waive septic permits, floodplain rules, road requirements, state rules or rules imposed by another local authority¹.

McHenry County Planning Commission (Zoning) handles county zoning permits, variances and conditional-use applications where county zoning applies; a separate county building department could not be confirmed^1,2. Inside Velva, the city requires building permits for covered construction or structural alteration and administers its own zoning^3,7. Septic permits remain with First District Health Unit throughout McHenry County: 701-852-1376, 801 11th Ave. SW, Minot, ND 58701⁴. County zoning generally excludes city and extraterritorial areas and townships exercising zoning authority; Norwich, North Prairie, Gilmore, Riga and Pratt administer township zoning². Upham, Balfour and Voltaire have indicated a desire for county zoning within their boundaries, so confirm jurisdiction with the commission². The McHenry County Road Department lists (701) 537-5724 and dcarpenter@nd.gov; ask the relevant road owner about driveway approval⁸.

The published McHenry County ordinance establishes Agricultural, Rural Residential, Commercial, Industrial, Recreational and Residential districts within the county's jurisdiction; the county announced an update effort in 2025, so confirm the current district rules with Planning Commission (Zoning)^1,2. Velva administers its own city zoning; the county rules below concern unincorporated land where county zoning applies^2,7. First District Health Unit remains the septic-permit authority throughout McHenry County⁴. Agricultural District non-farm dwellings require at least 2 acres, excluding the surface owner's immediate family; density is limited to 1 non-farm dwelling per 40 acres unless a conditional-use permit authorizes a mobile-home park or temporary housing camp, and lots must abut an improved road⁹. Rural Residential lots need at least one-half acre with common sewer or two acres with an onsite field, while multiple-family development with an onsite field needs three acres¹. Principal and accessory buildings together may cover no more than 50% of a Rural Residential lot¹. Recreational lots need at least 5,000 square feet with a sewer collection system or two acres with an onsite field, and their buildings share a 50% coverage cap^1,9. A countywide minimum dwelling size or special tiny-home category could not be confirmed; ask the parcel's zoning authority before designing the site².

First District Health Unit requires a septic permit before installing or repairing any part of an onsite sewage treatment system in McHenry County⁴. North Dakota DEQ oversees installer licensing, and installers must obtain the local health-unit permit before starting work and follow local codes⁵. Schedule First District Health Unit's final inspection before backfilling or covering the new system; without inspection and approval, the system is considered unapproved and illegal⁴. The installer must also submit an As-Built Form after installation⁴. Only about 23.6% of mapped county soils avoid severe limits for a conventional drain field, so make septic feasibility an early purchase contingency¹⁰.

McHenry County's Recreational District is intended for RV parks offering short-term or seasonal parking, while commercial and institutional campgrounds require a conditional-use permit¹. County-regulated temporary housing camps require a site plan and a conditional-use permit lasting one year, with approved water, sewage, waste disposal, access and electrical service⁹. Each RV in such a camp needs a lot at least 60 feet long by 30 feet wide and setbacks of 150 feet from township or county roads and 250 feet from state or federal roads¹. Skid shacks in a temporary housing camp are limited to 45 feet in height; that limit is not a countywide building-height rule¹. These camp rules do not establish permission to occupy one RV full-time on an ordinary private lot, so ask the parcel's zoning authority before relying on an RV during construction². Mobile-home parks are conditional uses, and a mobile home in a temporary housing camp needs a lot at least 60 feet wide and 6,000 square feet¹. McHenry County has no confirmed special tiny-home category or countywide minimum dwelling size¹.

1. Identify whether McHenry County, a city or an organized township controls zoning for the parcel; Norwich, North Prairie, Gilmore, Riga and Pratt Townships administer their own zoning².

1. Confirm the zoning district, sewer plan, lot size and buildable area. Agricultural non-farm dwellings require 150 feet from section lines and township or county road centerlines, 250 feet from state or federal highway centerlines, and 20 feet from property lines unless both sides share an owner⁹. Rural Residential yards are generally 20 feet front and rear and 6 feet at the side, with a 100-foot road-centerline rule where applicable⁹.

1. Submit the county zoning-permit application where county jurisdiction applies; maintenance that does not structurally alter a building does not require that zoning permit¹.

1. Pay the applicable zoning-permit fee before the county acts; ask Planning Commission (Zoning) for the current schedule^1,2.

1. Ask the zoning authority whether a separate building permit or building-code review applies because neither was confirmed countywide¹.

1. Obtain the First District Health Unit septic permit before onsite-wastewater work and arrange inspection before covering the system^4,5.

1. Ask the relevant road owner about driveway approval before constructing an entrance⁸.

Start with jurisdiction: county zoning has city, extraterritorial and township exceptions, so the same proposed use may go to a different authority depending on the parcel². Verify the district, sewer plan and road frontage before closing because minimum lot size, setbacks and lot coverage vary by district^1,9. Recreational District buildings generally need 20-foot front and rear yards and 6-foot side yards, with 50 feet from shorelines except for boathouses, ramps, docks and retaining walls, or 100 feet from the centerline when abutting a federal, state, county or township road¹. Commercial and Industrial districts have no building lot-coverage requirement except requirements that may apply for fire protection⁹. Put a septic evaluation in the purchase contingency because only about 23.6% of mapped soils avoid severe limitations for a conventional drain field¹⁰. Check flood exposure and drainage; county subdivision review considers floodplain relationships, soils, drainage and waste-disposal capacity, although a general local floodplain-development permit was not confirmed¹. Confirm legal access and ask the relevant road owner about an entrance⁸. A North Dakota water permit is required above 12.5 acre-feet per year, but not below that threshold⁶.