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

Balfour’s own rules

• Building permitRequired

  Buildings and structures inside Balfour city limits subject to McHenry County zoning.

  • A zoning permit is not required for maintenance that does not structurally alter the building.
  • A permit requires conformity with the regulations unless the County Commission grants a conditional use or the Board of Zoning Appeals grants administrative review or variance.
  • The permit expires if no construction occurs within one year after issuance.

  “No building or structure, shall be erected, moved, added to, or structurally altered without a zoning permit.”

• InspectionsLimited

  Inspection for compliance with McHenry County zoning permits inside Balfour city limits.

  • Evidence establishes inspection for zoning-permit compliance; it does not establish a general building-code inspection program.

  “Duties of the Zoning Commission shall include: 1. Issuance of all permits. 2. Inspection for permit compliance in accordance with these Zoning Regulations.”

• Local zoningPresent (with conditions)

  Land inside Balfour city limits, where Balfour has indicated that the McHenry County Zoning Commission should apply zoning regulations within its civil boundaries.

  • The regulations are administered by the McHenry County Zoning Commission rather than shown as a Balfour-adopted ordinance.

  “Those areas within the civil boundaries of organized cities and those areas where cities have applied some measure of their extraterritorial zoning authority (but not including the cities of Upham, Balfour, Voltaire which have indicated a desire for the County Zoning Commission to apply zoning regulations within their civil boundaries.)”

• Zoning districtsPublished (with conditions)

  Land inside Balfour city limits subject to McHenry County zoning.

  • The official zoning map establishes the location and boundaries of districts and is kept on file with the county auditor.
  • The opened material does not establish the district assigned to any particular Balfour parcel.

  “In order to effectively carry out the provisions of these regulations, the land covered by the jurisdiction of these regulations shall be divided into the following zoning districts:”

• Agricultural exemptionAvailable

  Agricultural land or buildings inside Balfour city limits subject to McHenry County zoning.

  • The exemption covers agricultural use and normal incidents of agriculture.

  “Nothing in this ordinance shall be applied for the purpose of preventing or restricting the use of land or buildings for agricultural or any of the normal incidents of agriculture.”

• Subdividing landRegulated (with conditions)

  Subdivision or re-subdivision of land inside Balfour city limits that is within McHenry County zoning jurisdiction.

  • No plat may be filed or recorded until approved by the McHenry County Zoning Commission and recommended to the Board of Commissioners for approval.

  “No plat of a subdivision or re-subdivision of land within McHenry County zoning jurisdiction shall be filed or recorded until it has been approved by the McHenry County Zoning Commission and recommended to the McHenry County Board of Commissioners for approval.”

• Permit processPublished (with conditions)

  McHenry County zoning-permit applications for structures inside Balfour city limits.

  • Applicants wishing to build or alter a structure must file with the Zoning Commission.
  • Where plans meet district regulations and applicable ordinances, including evidence of Health Department compliance, the Commission or administrator collects applicable fees and issues the permit.
  • Noncomplying plans may use amendment, variance, conditional-use, or appeal procedures.

  “All applicants who wish to build or alter any structure as defined in these zoning regulations must file an application to the Zoning Commission for a permit.”

Rules another office applies inside Balfour

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

• Minimum lot sizeSpecified

  Parcels inside Balfour city limits mapped Rural Residential (RR) by McHenry County.

  • One-half acre applies when served by a sewer collection system common to adjoining users.
  • Two acres applies when sewer is drained to an onsite user-owned drainage field.
  • A multifamily subdivision using an onsite user-owned drainage field requires at least three acres.

  minimum lot area with common sewer collection system: >= 21780 square feet (One-half acre if served by a sewer collection system common to other adjoining users.) · minimum lot area with onsite user-owned drainage field: >= 87120 square feet (Two acres if sewer is drained into an onsite user owned drainage field.)

  “Lot size - not less than 21,780 square feet, one half (1/2) acre if served by a sewer collection system common to other adjoining users; not less than 87,120 square feet, two (2) acres, if the sewer is drained into an onsite user owned drainage field.”

• SetbacksSpecified

  Parcels inside Balfour city limits mapped Rural Residential (RR) by McHenry County.

  • The 100-foot measurement applies where the yard abuts a federal, state, county, or township road; otherwise the stated lot-line setbacks apply.

  front yard: >= 20 feet from lot line (100 feet from centerline if abutting a federal, state, county or township road.) · side yard: >= 6 feet from lot line (100 feet from centerline if abutting a federal, state, county or township road.) · rear yard: >= 20 feet from lot line (100 feet from centerline if abutting a federal, state, county or township road.)

  “Front yard - 20 feet from lot line, or 100 feet from the centerline if abutting a federal, state, county or township road.”

• Lot coverageSpecified

  Parcels inside Balfour city limits mapped Rural Residential (RR) by McHenry County.

  • The limit includes the principal building and all accessory buildings.

  maximum lot coverage: <= 50 percent (Includes principal building and all accessory buildings.)

  “Lot coverage by buildings: Not more than fifty percent of the lot shall be covered by the principal building and all accessory buildings.”

• Who permits septicMixed (with conditions)

  Onsite wastewater system installation inside Balfour city limits.

  • North Dakota DEQ licenses installers.
  • The installer must also secure a permit from the applicable local public health unit before work begins.
  • The particular local public health unit serving Balfour was not established by the opened source.

  “The North Dakota Department of Environmental Quality oversees the licensing of onsite wastewater treatment system installers under the authority of NDCC 23.1-07.1. All installers must obtain a license from the department, which is issued at no cost, and secure a permit from their local public health unit before beginning work on a system.”

• Septic permitRequired

  Installation of an onsite wastewater treatment system inside Balfour city limits.

  • Installers must be licensed by North Dakota DEQ and secure a permit from their local public health unit before beginning work.
  • Installers must follow local codes.

  “All installers must obtain a license from the department, which is issued at no cost, and secure a permit from their local public health unit before beginning work on a system. Installers are required to follow local codes, and licenses may be revoked for cause under NDCC 23.1-07.1-03 (Licensing).”

Still unanswered

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

• Owner-builder exemption — Owner-built dwellings inside Balfour city limits.
• Building code adopted — Building-code adoption and enforcement inside Balfour city limits.
• Certificate of occupancy — Occupancy of buildings inside Balfour city limits.
• Minimum dwelling size — Dwelling floor area inside Balfour city limits.
• Building height — Building height inside Balfour city limits.

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.