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

Yes. McLean County requires a building permit whenever a structure is moved onto, constructed on or altered on property within the county zoning jurisdiction¹. Ordinary maintenance or repair does not require a permit unless the work changes structural strength, the plan or mechanical installations¹. Approval must come before movement or construction begins, and the permit remains posted during construction until the structure is complete or ready for use¹.

The residential fee is one-tenth of one percent of construction cost, with a $90 minimum and $500 maximum; the commercial maximum is $1,000⁴. The county's reviewed materials establish a zoning permit process but do not confirm which building code, if any, McLean County itself enforces. North Dakota maintains a state building-code framework, but enforcement belongs to jurisdictions that elect to adopt and enforce it⁸. Ask McLean County Planning and Zoning which construction standards and inspections apply to the specific parcel⁹.

McLean County Planning and Zoning administers the county zoning ordinance and is the practical first call for a rural building project⁹. The office is at 712 5th Avenue in Washburn and can be reached at (701) 462-8806⁹.

The application package requires a completed building-permit application, site plan, floor plans, any applicable First District Health Unit septic permit and the calculated fee⁴. If the project needs a variance, obtain variance approval before submitting the building-permit application⁴. The application materials direct completed filings and payment to the Land Use Administrator at McLean County, PO Box 1108, Washburn, ND 58577-1108⁴.

The county permit applies within McLean County's jurisdiction; separately zoned cities and the Fort Berthold Reservation administer their own ordinances¹. Confirm the governing jurisdiction before relying on the county form¹.

McLean County has county zoning and divides land into Agricultural, Residential, Commercial, Industrial, Recreational, Conservation and Municipal Airport Zone districts¹. Actual district boundaries come from the county zoning map, so a mailing address or rural appearance does not establish the parcel's district¹.

Benedict, Butte, Coleharbor, Garrison, Max, Mercer, Riverdale, Ruso, Turtle Lake, Underwood, Washburn and Wilton are listed as having their own zoning ordinances, as is the Fort Berthold Reservation¹. The ordinance says no organized township in McLean County has adopted a zoning ordinance¹. That jurisdiction split matters: a city parcel should be checked with the city rather than treated as county-administered land¹.

Single-family dwellings are limited to 35 feet in height and accessory structures to 25 feet¹. Where public water and sewer do not serve a lot, the minimum width is 150 feet and the minimum area 65,000 square feet, rising to 80,000 square feet where soils have severe septic limitations³. The reviewed county materials do not confirm a general minimum dwelling size, a distinct tiny-home category or a general driveway permit rule. Before buying, ask McLean County Planning and Zoning to identify the district, allowed residential use, setbacks and any variance needed for the parcel⁹.

First District Health Unit requires a permit before installation or repair of any part of an onsite sewage treatment system in McLean County². Apply when a proposed building will produce sewage or wastewater and no community septic system is available². First District then evaluates the site, samples the soil, and determines the system location and design; every design must be completed or approved by the health unit².

Installation may be performed by a North Dakota Department of Environmental Quality-licensed septic contractor or by a certified property owner². A homeowner installing or repairing a personal system still needs the permit and must complete the required owner certification before doing the work². Schedule the final inspection before the system is backfilled or covered².

About 66.1% of county soils are rated without severe limitations for a conventional drain field, but that countywide share cannot replace parcel soil testing¹⁰. Contact First District Environmental Health at 701-837-5121 before finalizing the house location or septic layout².

In McLean County's zoning jurisdiction, an RV may not be used as living quarters on an undeveloped residential lot, where up to two unoccupied RVs may be stored¹. The one exception is an owner building or remodeling a home: one RV may house the owner for up to one year, unless extended by the Zoning Commission, with written approval from the Land Use Administrator, an approved site plan, a building permit and a construction schedule, and it must leave within seven days after the home is finished¹. Guest use is capped at four days at one time or sixteen days in a calendar year, and gray water or sewage discharge is prohibited¹. The county does not define tiny homes as a separate use in the materials we reviewed, so a tiny home is a parcel-specific zoning and building-permit question¹.

Cities and the Fort Berthold Reservation apply their own ordinances, so these county limits cover only land under county zoning¹. Ask McLean County Planning and Zoning whether the proposed occupancy is an allowed use in the mapped district, whether a conditional use or variance is necessary, and which setbacks apply⁹. If the unit produces sewage and no community system is available, First District Health Unit requires an onsite wastewater permit².

In the county's Recreational District, mobile homes are listed as allowed on permanent-type foundations on single lots, with a building permit¹. A new manufactured home used as a residence must be installed by a state-licensed installer and inspected by a state-licensed inspector¹¹. That manufactured-home rule does not itself decide whether a tiny home or RV is allowed on a particular McLean County parcel¹.

1. Identify whether the parcel is under McLean County zoning or a separately zoned city or reservation jurisdiction¹.
2. Ask McLean County Planning and Zoning to confirm the mapped district, allowed use, setbacks and whether a variance is needed⁹.
3. If no community sewer is available, apply to First District Health Unit early enough for site evaluation, soil sampling and system design².
4. Prepare the county package: completed application, site plan, floor plans, applicable septic permit and calculated fee⁴.
5. Obtain any required variance approval before filing the building-permit application⁴.
6. Wait for approval before moving a structure onto the property or beginning construction, then post the permit through completion or readiness for use¹.
7. Arrange the septic final inspection before backfilling or covering the system².

For a private well, annual withdrawals over 12.5 acre-feet require a state water-appropriation permit; lower domestic and livestock uses must still be reported after construction⁷.

Start with jurisdiction and zoning: confirm who regulates the parcel and obtain the mapped county district before assuming a house, RV or accessory dwelling will be allowed¹. Check septic feasibility before choosing a building pad because First District Health Unit evaluates soils and controls system location and design².

For water planning, a North Dakota appropriation permit is required when annual withdrawal exceeds 12.5 acre-feet, while qualifying lower-volume domestic and livestock wells do not need that permit but must be reported after construction⁷. About 91.2% of McLean County land has a slope of 15% or less, but parcel contours still govern grading, drainage and access¹⁰.

The countywide effective property-tax rate is about 0.7%, and the median annual property-tax bill is $1,748; use the parcel record rather than those benchmarks for a purchase budget¹⁰. In a special flood hazard area under county jurisdiction, a floodplain development permit from the Land Use Administrator is required before any construction or development begins¹. The reviewed materials do not confirm a general county driveway permit, so ask Planning and Zoning before closing⁹.