Bolthole Index

McIntosh County, North Dakota

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

40Index Score / 100
#51 of 53 in North Dakota

McIntosh County, North Dakota requires a building permit and has county zoning1. Onsite wastewater work also requires a local public-health permit before it begins2. Ask Planning and Zoning about the parcel's jurisdiction and proposed use because RV occupancy, tiny-home and owner-builder construction rules could not be confirmed.

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

Yes.

Yes. McIntosh County administers a Building Permit Application under its adopted zoning ordinance1. The county publishes separate applications for building permits, conditional uses, zoning variances, zoning amendments and utility permits, but the published page does not give a complete submission, review or fee procedure1. Permit and plan-review fees are set by the enforcing governing authority rather than by one statewide fee schedule5.

The updated North Dakota State Building Code took effect in 2026, but local code enforcement still depends on a city, county or township electing to adopt and enforce the state framework6. Ask McIntosh County Planning and Zoning which code provisions, inspections and fees apply to the specific parcel and project; a general county inspection requirement could not be confirmed. Agricultural buildings used for agricultural purposes are exempt from the state building-code chapter unless they are places of human habitation or are used by the public, but that exemption does not erase other applicable county requirements7.

Who handles McIntosh County building permits and zoning?

McIntosh County Planning and Zoning is the first stop for building and land-use questions.

McIntosh County Planning and Zoning is the first stop for building and land-use questions1. The county publishes building-permit, conditional-use, zoning-variance, zoning-amendment and utility-permit applications1. The office is at the McIntosh County Courthouse, 112 1st Street NE in Ashley, and the published county number is (701) 288-51401.

Start by giving Planning and Zoning the parcel location, proposed use, structure type and whether the land lies inside a city or township jurisdiction. North Dakota allows a county to enforce the state building code only where that code is not administered by a city or township, so jurisdiction matters6. Ask the office to identify the zoning district, required application, current fee, site-plan materials and any review or hearing needed because the county page does not publish the complete procedure1.

Does McIntosh County have zoning?

Yes.

Yes. McIntosh County has an adopted zoning ordinance and a Planning and Zoning Commission that handles conditional-use permits, variances and amendments1. North Dakota law allows county commissioners to regulate the location and use of buildings and structures and the use or occupancy of land, subject to the state building-code chapter8.

County zoning means a rural parcel should not be treated as unrestricted merely because it is outside a city1. Confirm the parcel's district and permitted use before relying on a listing description or planning a dwelling, accessory structure, business, RV setup or utility work. In unincorporated McIntosh County, conditional uses go through an application and Planning and Zoning Commission hearing before approval by the Board of County Commissioners1. No countywide minimum dwelling floor area, tiny-home occupancy rule or general certificate-of-occupancy requirement could be confirmed; ask McIntosh County Planning and Zoning for a parcel-specific written answer.

How do septic permits work in McIntosh County?

A permit from the applicable local public-health unit is required before onsite wastewater work begins in McIntosh County, and the installer must also hold a North Dakota Department of Environmental Quality license and follow local codes.

A permit from the applicable local public-health unit is required before onsite wastewater work begins in McIntosh County, and the installer must also hold a North Dakota Department of Environmental Quality license and follow local codes2. The permitting authority or its representative must inspect the installation within one business day after receiving an inspection request, and a permit is valid for no more than 12 months9. Ask the McIntosh District Health Unit to confirm the application, fee, site evaluation and inspection-request procedure for the parcel2.

About 57.7% of mapped county soils are rated without severe limitations for a conventional septic drain field, so suitability is far from uniform10. Household wastewater must pass through a septic tank or higher treatment before soil discharge; alternative collection and disposal methods require review when underground dispersal is not feasible9. New systems generally need at least one acre, although a variance may be available9.

Can you live in an RV or tiny home in McIntosh County?

McIntosh County has zoning, but no specific county rule confirming full-time RV living or tiny-home occupancy could be established.

McIntosh County has zoning, but no specific county rule confirming full-time RV living or tiny-home occupancy could be established1. The North Dakota state-park camping limit does not answer whether an owner may occupy an RV on private land because that limit applies only to state-park campsites and cabins11.

Before buying or moving a unit onto rural land, ask McIntosh County Planning and Zoning whether the proposed use is allowed in the parcel's district, whether a conditional-use or building permit is needed, and what setbacks or utility standards apply. The county publishes building, conditional-use, variance and utility-permit applications1. A new manufactured home used as a residence must be installed by a state-licensed installer and inspected by a state-licensed inspector12. Factory-built modular structures can also be subject to state manufacturing-stage inspection rules, so do not assume that a tiny or factory-built dwelling avoids review5.

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

Confirm jurisdiction and zoning.

  1. Confirm jurisdiction and zoning. Ask McIntosh County Planning and Zoning to identify the parcel's district and whether a city or township administers building rules at that location1,6.
  2. Describe the complete project. Tell the office about the dwelling, accessory buildings, temporary RV use and planned utilities, then request the correct building, conditional-use, variance or utility form1.
  3. Confirm code, plans, fees and inspections. McIntosh County requires a building permit, but the county page does not state the complete submission, review or fee procedure1.
  4. Resolve wastewater before construction. Secure the local public-health septic permit before onsite-system work begins, use a state-licensed installer and arrange the required installation inspection2,9.
  5. Plan water. A state water-appropriation permit is required when annual withdrawal exceeds 12.5 acre-feet; qualifying lower-volume domestic and livestock works must still be reported4.
  6. Keep approvals together. Retain the approved site plan, permit documents and any inspection records supplied by the responsible offices1.

What should you check before buying land in McIntosh County?

Begin with zoning, legal access, wastewater and water rather than assuming a rural tract is ready to build.

Begin with zoning, legal access, wastewater and water rather than assuming a rural tract is ready to build. McIntosh County has county zoning and requires a building permit1. Ask Planning and Zoning about the parcel's district, permitted dwelling type, setbacks, utility work, RV use and any conditional-use or variance process1.

Evaluate the proposed septic area separately from the house site because only about 57.7% of mapped county soils avoid a severe conventional-drain-field limitation10. New onsite wastewater systems generally need at least one acre, although a variance may be available9. Confirm private-well reporting or appropriation requirements with the state before drilling; the appropriation threshold is 12.5 acre-feet per year4. For budgeting context, the typical home value is about $80,300, the effective property-tax rate is about 1.1%, and the median annual property-tax bill is about $86710. Verify parcel taxes, easements, road access and flood status during due diligence.

Watch-outs

  • A building permit does not by itself settle zoning approval; McIntosh County also publishes conditional-use, variance, amendment and utility-permit applications1.
  • North Dakota's owner-builder property-tax exemption is separate from construction approval, and no McIntosh County owner-builder exemption from permit or code requirements could be confirmed3.
  • Do not use the North Dakota state-park camping limit as a private-land RV rule; it governs state-park campsites and cabins11.
  • Confirm the filing procedure with the McIntosh District Health Unit before septic work begins; the permitting authority must inspect the installation after receiving an inspection request2,9.

Sources

12 official pages, each quoted and re-checked · written October 5, 2026

  1. McIntosh County Zoning Office (2026 county census)
  2. Septic Systems
  3. Property Tax Exemption for Builders of Certain New Single Family Residential Properties (North Dakota statewide rule)
  4. Water Appropriation Permits (North Dakota statewide rule)
  5. 2026 North Dakota State Building Code Book (North Dakota statewide rule)
  6. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule)
  7. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule)
  8. North Dakota Century Code, Chapter 11-33, County Zoning (North Dakota statewide rule)
  9. North Dakota Administrative Code, Chapter 33.1-21-01: Onsite Wastewater Treatment System Installers Licensing Systems (North Dakota statewide rule)
  10. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  11. North Dakota Administrative Code, Chapter 58-02-08, State Park Rules (North Dakota statewide rule)
  12. Manufactured Home Installation Program (North Dakota statewide rule)

Written October 5, 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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Compared with neighboring counties

Like all 6 of its neighbors, McIntosh County has countywide zoning.

RuleMcIntosh CountyLogan CountyEmmons CountyDickey CountyLaMoure CountyKidder CountyStutsman County
Building permitRequiredRequiredRequiredRequiredLimitedLimitedRequired
County zoningYesYesYesYesYesYesYes
Septic permitsMcIntosh District Health UnitND Dept. of Env. QualityND DEQCentral Valley Health DistrictCentral Valley Health DistrictCounty District Health UnitCentral Valley Health District

County locator

McIntosh County in North Dakota

40
County map
McIntosh County highlighted among the North Dakota counties · colored by Index score

How McIntosh County scores

40 / 100 · #51 of 53 in North Dakota · six factors, land price, tax, rain and climate

Seclusion86100% ev.
Self-Sufficiency1492% ev.
Admin Boringness4390% ev.
Durability39100% 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 →

$80kTypical home
1.1%Property tax
$1,783Land / acre
20.8"Annual rain
10.1% of yrsSevere drought
4.5 / yr (+4)Mid-century 100°F days
20.6 daysMid-century dry spell
1.29" (+7.4%)Mid-century 1-day rain
1.52×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
113,886People within 2 hr
1,524Radius comparison (15 mi)
2.6People / sq mi
42.1%Federal land
93.5%Land at 15% slope or less
57.7%Soils rated "not limited" for septic (strict USDA rating)
342,865 acWorkable land screen
0.5%Wooded land
41.4°FAvg temp

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Cities and towns in McIntosh County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Not yet covered: Ashley · Lehr · Roloff Township · Venturia · Zeeland

Answers from the rulebook for McIntosh County

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

McIntosh County rules

  • Septic permitRequired

    Installation of an onsite wastewater treatment system in McIntosh County.

    • The permit must be obtained from the local public health unit before beginning work.
    • Installers must also obtain a North Dakota DEQ license and 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.”
  • Permit processPartial

    Planning and zoning permit process in McIntosh County.

    • The official county page provides links to building-permit, conditional-use, zoning-variance, amendment, and utility-permit forms, but the opened page does not state complete submission, review, fee, or approval procedures.
    “Printable Forms Building Permit Application Conditional Use Permit Application Zoning Variance Application Amendment to Zoning Document Application Utility Permit”
    One more reviewed finding on this topic
    • Published (with conditions) — Building, conditional-use, variance, amendment, and utility permit processes administered through McIntosh County Planning and Zoning.
      “Printable Forms Building Permit Application Conditional Use Permit Application Zoning Variance Application Amendment to Zoning Document Application Utility Permit”
  • County-wide zoningPresent

    McIntosh County has an adopted zoning ordinance (2025) and a Planning and Zoning Commission handling conditional use permits, variances, and amendments.

    McIntosh County Zoning Office ↗From the county’s own site, awaiting a second reviewer

North Dakota rules that apply here

  • Building permitLimited

    Statewide statutory framework for construction, erection, reconstruction, alteration, repair, or enlargement of a building or structure subject to county zoning.

    • A county board may choose to authorize permits; the statute does not itself impose a universal statewide county building-permit requirement.
    • If a county provides for permits, the applicant must state whether the structure is reasonably anticipated to significantly affect the transportation system. A significant impact means average daily use over one year of at least 25 motor vehicles with gross weight over 60,000 pounds [27215.54 kilograms].
    • For a significant transportation impact, the county must notify the Department of Transportation director and allow comment, but the director's approval is not required.
    • A county may establish and collect reasonable permit fees.
    • North Dakota Commerce states that enforcement of the State Building Code is the responsibility of jurisdictions that elect to adopt and enforce building codes; a city, county, or township that elects to do so must adopt and enforce the State Building Code, subject to local amendments.

    significant transportation impact threshold: >= 25 motor vehicles per average day over one year (Vehicles must have gross weight exceeding 60,000 pounds [27215.54 kilograms].)

    “The board of county commissioners may authorize and provide for the issuance of permits as a prerequisite to construction”
  • Owner-builder exemptionConditional

    An individual who builds that individual’s own single-family residence and seeks the North Dakota builder property-tax exemption.

    • The exemption is discretionary and requires the governing city or county to pass a resolution allowing it.
    • For property within a city, the city governing body has jurisdiction; for property outside an incorporated city, the county has jurisdiction.
    • The property must remain owned by the builder and unoccupied.
    • The exemption applies for the taxable year in which construction began and the next two taxable years.
    • The governing body may impose conditions, including limits on the exemption period and dollar value.
    • A builder may receive the exemption for no more than ten properties in a taxable year within each jurisdiction that approved the exemption.
    • General taxes and installments of special assessments may not be delinquent.
    • This is a property-tax exemption, not a building-permit or building-inspection exemption.

    exemption period: taxable year in which construction began and next two taxable years · maximum properties per builder per jurisdiction per taxable year: 10 properties

    “Whether or not to offer the exemption is at the discretion of the governing body. [...] “Builder” includes an individual who builds that individual’s own residence.”
  • Building code adoptedPartial

    North Dakota's state building code and its adoption and enforcement by cities, townships, and counties statewide; state and local government buildings and schools are also addressed by the administrative code.

    • The state building code is administered and updated by North Dakota Commerce, but enforcement is the responsibility of jurisdictions that elect to adopt and enforce building codes.
    • A city, county, or township that elects to adopt and enforce a building code must adopt and enforce the State Building Code.
    • Cities, townships, and counties may amend the State Building Code to conform to local needs.
    • Fully chartered home rule cities may adopt something other than the State Building Code; the official Commerce page states that, at present, all jurisdictions enforcing a building code have adopted the same individual codes comprising the State Building Code.
    • The State Building Code consists of the International Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas Code; Commerce also states that the 2024 updates and proposed amendments were adopted on September 11, 2025 and that the new State Building Code went into effect January 1, 2026.
    • The state statute separately exempts buildings that are neither heated nor cooled, certain low-energy-use buildings, qualifying restored or reconstructed historic buildings, and agricultural buildings unless used for human habitation or by the public.
    • The administrative code states that its chapter applies to cities, townships, and counties that elect to adopt and enforce building codes within their jurisdictional boundaries, and to all state and local government buildings and public and private schools.

    new state building code effective date: 2026-01-01 · state code components: IBC, IRC, IMC, and IFGC

    “If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code.”
    3 more reviewed findings on this topic
    • Adopted (with conditions) — North Dakota State Building Code applicable when a city, county, or township elects to adopt and enforce building codes.
      “If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code.”
    • Adopted (with conditions) — The North Dakota State Building Code, consisting of the IBC, IRC, IMC, and IFGC, with the 2024 updates and stated amendments effective statewide as the state code framework.
      “adopted the 2024 updates to the IBC, IRC, IMC, and IFGC and the proposed amendments.”
    • Adopted — The North Dakota State Building Code, including residential construction covered by the state residential code.
      “The new North Dakota State Building Code will go into effect Jan. 1, 2026.”
  • 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”
    One more reviewed finding on this topic
    • Limited — Factory-built modular residential or commercial structures manufactured in North Dakota.
      “The manufacturer of a modular residential or commercial structure that is built in a factory shall contract with a third party for the inspection [...]”
  • Minimum dwelling sizeDistrict specific (with conditions)

    City zoning regulations governing the size of residential buildings in North Dakota; the actual minimum, if any, is established by the applicable local zoning ordinance.

    • The authority is permissive and applies to governing bodies of cities that adopt zoning regulations.
    • The regulation is subject to North Dakota Century Code chapter 54-21.3.
    • A local board of adjustment may determine and vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • SetbacksDistrict specific (with conditions)

    Local city zoning regulations governing yards, courts, and other open spaces in North Dakota.

    • The actual setback distances are established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • A local board of adjustment may vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • Lot coverageDistrict specific (with conditions)

    Local city zoning regulations governing the percentage of a lot that may be occupied.

    • The actual lot-coverage percentage is established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • The regulation is subject to chapter 54-21.3.
    “the percentage of lot that may be occupied”
  • Building heightDistrict specific (with conditions)

    Local city zoning regulations governing building height and number of stories.

    • The actual height or story limit is established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • A local board of adjustment may vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • 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”
    One more reviewed finding on this topic
    • Mixed (with conditions) — State and local authority over onsite wastewater treatment systems in McIntosh County.
      “Except as otherwise provided by law, the department has the exclusive authority to adopt rules regarding licensing, permitting, and inspections of onsite wastewater treatment systems.”
  • Septic inspectionRequired

    Installation of an onsite wastewater treatment system anywhere in North Dakota

    • The inspection is conducted by the permitting authority or its authorized representative.
    • The inspection must occur within one business day after the request for inspection.
    • Construction, alteration, repair, or extension requires a permit before work begins; regular system maintenance does not require a permit.
    • The permitting authority is a local public health unit, other political subdivision, or designee.

    inspection deadline: 1 business day (After receiving the request for inspection) · permit validity: <= 12 months (From date of issuance)

    “Inspection of the installation of a system must be conducted by the permitting authority or an authorized representative of the permitting authority in accordance with paragraph 3 of subdivision c of subsection 2 of North Dakota Century Code section 23-35-02, which requires the inspection to be conducted within one business day of receiving the request for inspection.”
  • Off-grid sanitationLimited

    Off-grid or alternative domestic sewage collection, treatment, and disposal systems in North Dakota

    • Domestic wastewater from bathrooms, kitchens, laundry fixtures, and other household plumbing must pass through a septic tank or higher level of treatment before discharge into soil.
    • If underground dispersal is not feasible, the permitting authority may review alternative collection and disposal methods; approval is not automatic.
    • Construction, alteration, repair, or extension of a system requires a permit before work begins, subject to the regular-maintenance exception.
    • Wastewater may not be disposed of in a manner that creates a nuisance or causes a system to malfunction or fail.
    • The applicable permitting authority is a local public health unit, other political subdivision, or designee.

    minimum lot size for a new system: >= 1 acre (A variance may be available under Section 33.1-21-01-15)

    “Water carried from bathrooms, kitchens, laundry fixtures, and other household plumbing must pass through a septic tank or higher level of treatment prior to its discharge into the soil. If underground dispersal for treatment is not feasible, the permitting authority may review alternative methods of collection and disposal.”
  • 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.”
  • Mandatory utility hookupWater and sewer (with conditions)

    Owners of property abutting streets, avenues or alleys in North Dakota municipalities that adopt a connection resolution; applies to sewer, water main and other service connections

    • Applies only when the municipal governing body deems it necessary and adopts a resolution
    • Connection costs are a charge against the fronting property
    • The city auditor publishes notice once each week for two successive weeks stating the work and the time to complete it
    • If the owner does not connect within the time specified, the governing body shall order the work done by a contractor at the expense of the adjoining lot or parcel
    • The work is administered and observed under the supervision of the municipality's engineer
    • The engineer, not the governing body, assesses the expense of the connection against the lot or parcel
    • The assessments are certified by the city auditor to the county treasurer for collection like special assessments
    • Subject to the municipal ordinance governing the laying and construction of such connections
    “the governing body of a municipality, when it shall deem it necessary, by resolution, may require the owners of all property abutting on any street, avenue, or alley to construct or cause to be constructed”
    One more reviewed finding on this topic
  • Agricultural exemptionAvailable (with conditions)

    Buildings used for agricultural purposes under North Dakota's state building code chapter.

    • Agricultural purposes 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; other applicable state, local, zoning, floodplain, septic, or land-use requirements may still apply.
    • Buildings subject to the federal Americans with Disabilities Act must conform to the 2010 ADA standards notwithstanding the chapter exemption.
    “Any building used for agricultural purposes, unless a place of human habitation or for use by the public, is exempt from this chapter.”
    One more reviewed finding on this topic
    • Available — Land and buildings used for farming, and the normal incidents of farming, when regulated under a county subdivision resolution adopted under N.D.C.C. chapter 11-33.2.
      “Additionally, no resolution, regulation, or restriction adopted pursuant to the provisions of this chapter shall prohibit or prevent the use of land or buildings for farming or any of the normal incidents of farming.”
  • Subdividing landRegulated (with conditions)

    Subdivision of land in North Dakota counties that adopt and enforce subdivision regulations under N.D.C.C. chapter 11-33.2; the statute does not apply to subdivisions within city corporate limits or areas of extraterritorial zoning jurisdiction.

    • A county board of commissioners is empowered, but not required, to regulate subdivision.
    • A county subdivision resolution may provide for plat submission and preliminary and final approval.
    • A county may require public improvements and surety or other security as a condition of final plat approval.
    • A county may approve plats as a prerequisite to subdivision and may establish and collect reasonable fees credited to the county general fund.
    • If plat approval is required, final approval or disapproval requires recommendations from both the county planning commission and the township supervisors, although those recommendations are not binding; if township supervisors do not respond within sixty days after notification, the county may take final action.
    • Subdivision rules may not prohibit or prevent farming or the normal incidents of farming.
    • The statute separately requires floodplain and water-feature information on plats where applicable.

    township recommendation response period: 60 days (If the county does not receive the township supervisors' recommendation by certified mail within sixty days after notification, it may take final action.) · plat approval fee: reasonable fees text (The statute authorizes fees but does not set a statewide amount.)

    “For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
    3 more reviewed findings on this topic
    • Regulated (with conditions) — Subdivision of land in North Dakota, subject to county adoption and administration of subdivision regulations; the statute excludes subdivisions within city corporate limits and areas subject to a city's extraterritorial zoning jurisdiction.
      “For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
    • Regulated (with conditions) — North Dakota's statewide statutory framework authorizing county regulation of land subdivision; actual regulation depends on county action and does not apply within city corporate limits or applicable extraterritorial zoning areas.
      “the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
    • Regulated (with conditions) — County subdivision regulation authority throughout North Dakota, subject to exclusions for city corporate limits and applicable city extraterritorial zoning jurisdiction.
      “the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
  • Driveway accessLimited

    Driveway and other access connections involving the North Dakota State Highway System, including controlled-access facilities and driveways within state highway right-of-way.

    • The North Dakota statute applies specifically to controlled-access facilities; access is available only at designated points and on terms and conditions specified from time to time.
    • NDDOT maintains access control on the State Highway System, and proposed changes to access require contact with the District Engineer for coordination.
    • For a driveway on state highway right-of-way, the NDDOT driveway permit must be granted before the permitted work proceeds; failure to construct the drive approach as permitted may result in cancellation and removal or correction at the landowner's expense.
    • A driveway is not complete until checked and approved by NDDOT; surfacing may be omitted on field entrances if specified in the application.
    • The driveway may be used only to provide entrance to and exit from the landowner's property.
    • A driveway or improvement on the highway right-of-way may not be altered or relocated without permission of the NDDOT District Engineer.
    • NDDOT supervises the location, construction, and maintenance of driveways and may direct future removal, relocation, or maintenance; NDDOT may diminish or expand use as required for highway-traffic safety.
    “No driveway, or improvement constructed on the highway right-of-way shall be altered or relocated without permission of the District Engineer of NDDOT.”
  • 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.”
  • Campground & park staysLimited

    Establishment, operation, modification, or enlargement of recreational vehicle parks and campgrounds in North Dakota.

    • A Department of Health and Human Services license is required before a person establishes, maintains, changes use, mixes use, or enlarges a recreational vehicle park or campground.
    • The written license application must be on department forms, be accompanied by the required fee, identify the physical address and type of proposed facility, include local-official approval of compliance with applicable local zoning laws, ordinances, or regulations, and state the proposed water supply, sewerage method, and garbage-disposal method.
    • For new construction or alteration or enlargement, a complete scaled plan and specifications must be submitted to the department for approval.
    • A tent, recreational vehicle, or attachment must be at least ten feet from another tent, recreational vehicle, or part thereof; its location may not create a hazard or restrict emergency services.
    • State- or political-subdivision-owned parks and campgrounds receive a waiver of the department license and inspection requirement under N.D.C.C. 23-10-03(4).
    • Counties may separately regulate the use, condition of use, or occupancy of land under N.D.C.C. ch. 11-33; local zoning compliance is an express component of the state license application.

    minimum separation between tents, recreational vehicles, or attachments: >= 10 feet (Must not create a hazard or restrict emergency vehicles and personnel from performing necessary services.) · annual license fee for 3-10 lots: 110 USD · annual license fee for 11-25 lots: 160 USD · annual license fee for 26-50 lots: 210 USD · annual license fee for 51-100 lots: 265 USD · annual license fee for 101-150 lots: 325 USD · annual license fee for 151-200 lots: 385 USD · annual license fee for 201-250 lots: 445 USD · annual license fee for more than 250 lots: 505 USD · initial-license administration fee: 100 USD (In addition to the annual license fee and, if a plan review application is required, 50 percent of the annual license fee.) · reinspection fee: per 100 USD (For each reinspection required due to failure to correct repeat violations and each subsequent reinspection due to a notice of violation.)

    “A person may not establish [...] a recreational vehicle park, or campground in this state without first obtaining a license from the department.”
    One more reviewed finding on this topic
  • 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.”
    One more reviewed finding on this topic
    • General — North Dakota county boards of commissioners adopting zoning regulations, including regulation of unincorporated county land.
      “the board of county commissioners of any county may regulate and restrict within the county”
  • county building authorityGeneral

    County authority to administer and enforce the state building code, including the residential code, and to provide for building permits for buildings or structures subject to county zoning in unincorporated areas of North Dakota.

    • A county that elects to administer and enforce a building code must adopt and enforce the state building code; it may amend that code to conform to local needs.
    • A county may administer and enforce the state building code only in areas where a city or township does not administer it. A city or township may relinquish that authority to its county under N.D.C.C. § 54-40.5-03; local governments may also agree to joint administration and enforcement or contract for private enforcement.
    • County permit authority under N.D.C.C. § 11-33-18 applies to a building or structure otherwise subject to the County Zoning chapter.
    • If the county provides for permits, it must require the applicant to state whether the structure is reasonably anticipated to have a significant transportation-system impact. A structure has such impact if it will average at least twenty-five motor vehicles per day during one year with gross weight exceeding sixty thousand pounds [27215.54 kilograms].
    • For a structure with significant transportation-system impact, the county must notify the director of the department of transportation and allow an opportunity to comment; director approval is not required.
    • The county may establish and collect reasonable permit fees, which must be credited to the county general fund.
    • A county-adopted building code may not require fire sprinklers in a single-family dwelling or a residential building containing no more than two dwelling units.

    significant transportation-system impact threshold: >= 25 motor vehicles per day (Over a period of one year; vehicles must have gross weight exceeding sixty thousand pounds [27215.54 kilograms].) · fire-sprinkler requirement: false (A county building code may not require sprinklers in a single-family dwelling or residential building with no more than two dwelling units.)

    “The governing body of a city, township, or county that elects to administer and enforce a building code shall adopt and enforce the state building code. However, the state building code may be amended by cities, townships, and counties to conform to local needs.”

Set by your township or city, not the county

In North Dakota, zoning is adopted by each township or city, so McIntosh County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.

  • Zoning districts
  • Minimum lot size
  • Living in an RV
  • Camping on your land
  • Tiny homes
  • Accessory dwellings

Still unanswered

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

  • Certificate of occupancy — Certificate-of-occupancy requirements in county-jurisdiction areas.
  • Local zoning — Whether zoning varies among municipalities and townships within McIntosh County; this aggregate claim would require independently sourced local ordinances or an official county statement.

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 McIntosh County, North Dakota

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

McIntosh County scores 40/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 1,524 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (20.8″/yr rainfall) and elevated current hazard exposure.

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

Land in McIntosh County runs about $1,783 per acre, based on the latest county data.

What is the water situation in McIntosh County?

McIntosh County gets about 20.8" of rain a year, with severe drought in roughly 10.1% of years.

How remote is McIntosh County?

A typical private-land location has about 1,524 people within 15 miles and 292,793 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How McIntosh compares in North Dakota

Compare side-by-side →See all 53 North Dakota counties ranked →