Unincorporated Mercer County, North Dakota uses county zoning and permit applications for land development, but the county does not publish a clear statement that every new home needs a general building permit12. The Land Use Administrator is the first call before building, and applications requiring a Planning and Zoning meeting are due at least 3 weeks beforehand2. A soil-absorption septic system for a non-agricultural use needs a permit, with Western Plains Public Health publishing the application34.
At a glance
- Building permit
- County land-use permits apply; a general permit for every home is not clearly confirmed52
- Zoning
- Yes, outside incorporated-city zoning jurisdictions and the Fort Berthold Indian Reservation1
- Septic permit
- Required for non-agricultural soil-absorption systems; apply through Western Plains Public Health34
- RV living
- Not confirmed; ask the Land Use Administrator before relying on RV occupancy2
- Tiny home
- Not confirmed; zoning district and residential standards still need review6
- Owner-builder exemption
- No county or state exemption is confirmed7
- Residential setbacks
- District-specific; residential districts use road, side and rear setbacks8
- Private well
- A state appropriation permit applies above 12.5 acre-feet per year9
Who to call
Zoning
Mercer County Land Use Administrator
Planning, zoning and county land-use applications outside excluded jurisdictions
410 Van Slyck Ave, Stanton, ND 58571
Septic permits
Western Plains Public Health, Environmental Health
Onsite sewage treatment system applications for Mercer County
403 Burlington St SE, Mandan, North Dakota 58554
Contact details are copied from each office’s official page and were checked against it on September 27, 2026.
Do you need a building permit in Mercer County, North Dakota?
Mercer County administers zoning and permit applications on land outside incorporated-city zoning jurisdictions and the Fort Berthold Indian Reservation12. The available county materials do not clearly establish that every new house in unincorporated Mercer County needs a general building permit, so ask the Land Use Administrator which land-use, conditional-use or construction approvals apply to the parcel2. Applications that require a Planning and Zoning meeting are due at least 3 weeks before the meeting because public notice is required102. North Dakota's state code framework uses the 2024 building-code editions effective in 2026, but state Community Services does not enforce that code; enforcement belongs to jurisdictions that elect to administer it1112. A nonresidential agricultural building can be exempt from the state building-code chapter, but a place of human habitation or a building used by the public does not qualify for that exemption13.
Who handles Mercer County permits, and how do you reach them?
The Mercer County Land Use Administrator handles planning, zoning and land-use applications; call 701-745-3294 or email [email protected] before designing around a particular parcel2. The county schedules Planning and Zoning meetings when permit applications require them, and the application deadline is at least 3 weeks before the meeting2. For a new subdivision, Mercer County requires compliance with its subdivision chapter and North Dakota subdivision regulations, with preliminary and final plat review built into the process14. A driveway connecting to a county roadway uses the Mercer County Highway Department's drive-permit form, which lists a $50 charge per approach and requires the completed drive to be checked and approved by the department15. Construction or development in a special flood-hazard area also needs a permit before work begins from the Mercer County Floodplain Administrator16.
Does Mercer County have zoning?
Mercer County zoning applies outside the Fort Berthold Indian Reservation and outside the zoning jurisdictions of incorporated cities1. Parcels inside those excluded areas may answer to a city or reservation authority instead of the county ordinance17. The official zoning map is kept on file with the Mercer County Auditor, so confirm the district before judging what a parcel can support6. Residential district rules are concrete rather than countywide: the cited residential standards include different road-front setbacks, a 10-foot side setback, a 25-foot rear setback and a 35-foot height maximum818. The R-4 Mobile Home District has an 80,000-square-foot minimum lot and a 150-foot minimum width19. Those figures should not be applied to every parcel, because the requirements depend on the zoning district198.
How do septic permits work in Mercer County?
A non-agricultural land use with a soil-absorption sewage system in Mercer County zoning territory must obtain a construction permit from the county sanitarian or the county's designated substitute320. North Dakota also requires an onsite-system installer to hold a state license and secure a local public health permit before work begins21. Western Plains Public Health publishes the application for Mercer County and accepts completed applications by email at [email protected]4. Only about 12.8% of Mercer County soils are rated without severe limitations for a conventional septic drain field, so make the site evaluation an early contingency rather than assuming a standard field will fit22. The county materials do not confirm the exact inspection sequence for a Mercer County system; ask Western Plains Public Health what inspections are required before covering or using the installation4.
Can you live in an RV or tiny home on land in Mercer County?
Mercer County's available rules do not give a clear countywide answer for living in an RV or occupying a tiny home on private land, so confirm the parcel's district and proposed use with the Land Use Administrator before purchase26. The county zoning ordinance does apply across its territory, subject to the exclusions for incorporated-city jurisdictions and the Fort Berthold Indian Reservation1. A mobile home should not be treated as interchangeable with an RV or a tiny house: Mercer County has an R-4 Mobile Home District with its own lot standards19. A new manufactured home installed for residential use in North Dakota must be installed by a state-licensed installer and inspected by a state-licensed inspector23. Ordinary private-land camping is also unconfirmed; the state's 14-night rule is for state-park campsites and cabins and does not answer private-property occupancy24.
Building a home in Mercer County: the steps, in order
- Ask the Mercer County Land Use Administrator to identify the parcel's zoning district, jurisdiction and required land-use application; call 701-745-3294 or email [email protected]26.
- Submit any application needing a Planning and Zoning meeting at least 3 weeks before the meeting10.
- Check the district's lot, setback and height rules before fixing the house site19818.
- Apply to Western Plains Public Health before installing a soil-absorption septic system, and resolve the drain-field site early because only about 12.8% of county soils avoid severe conventional-system limitations4322.
- If access connects to a county roadway, use the Highway Department drive permit and budget its $50-per-approach charge15.
- If the site is in a special flood-hazard area, obtain the county floodplain permit before construction or development begins16.
What should you check before buying land in Mercer County?
Start with jurisdiction: county zoning excludes the Fort Berthold Indian Reservation and incorporated-city zoning jurisdictions, so the governing office can change across Mercer County117. Next, verify the official zoning map and district standards with the Mercer County Auditor and Land Use Administrator62. Septic feasibility deserves an actual site review because only about 12.8% of county soils are rated without severe limits for a conventional drain field22. Water planning matters in this dry climate: Mercer County averages about 17.3 inches of precipitation a year, while a North Dakota water-appropriation permit is required when annual withdrawal exceeds 12.5 acre-feet259. About 75.3% of the county is at a slope of 15% or less, but flood-hazard land triggers a separate county development permit2616. The effective property-tax rate is about 1.1%, with a median annual bill near $2,1012728.
Watch-outs
- Do not treat a zoning or conditional-use approval as proof that no separate construction requirement applies; ask the Land Use Administrator to identify every approval for the specific project210.
- Mercer County's zoning ordinance does not govern the Fort Berthold Indian Reservation or incorporated-city zoning jurisdictions, so confirm who has authority over the parcel before relying on county standards1.
- A county-road approach has its own Highway Department permit, and the form says the completed drive must be checked and approved15.
Sources
- Chapter Two General Provisions, quoted and re-checked
- Mercer County Land Use Administrator (mercercountynd.com)
- Chapter Four Special Provisions, quoted and re-checked
- Western Plains Public Health, Environmental Health (westernplainsph.org)
- Mercer County Planning & Zoning (2026 county census)
- Chapter Three Zoning Districts, quoted and re-checked
- (2026 county census)
- Chapter Three Zoning Districts, quoted and re-checked
- Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
- Planning and Zoning, quoted and re-checked
- Building Codes | Commerce | North Dakota (North Dakota statewide rule), quoted and re-checked
- Building Codes (North Dakota statewide rule), quoted and re-checked
- North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule), quoted and re-checked
- Chapter Six Subdivision Regulations, quoted and re-checked
- Mercer County Highway Department (mercercountynd.com)
- Chapter Seven Flood Damage Prevention, quoted and re-checked
- Chapter Two General Provisions, quoted and re-checked
- Chapter Three Zoning Districts, quoted and re-checked
- Chapter Three Zoning Districts, quoted and re-checked
- Chapter Four Special Provisions, quoted and re-checked
- On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- Manufactured Home Installation Program (North Dakota statewide rule), quoted and re-checked
- Parks and Recreation FAQ (North Dakota statewide rule), quoted and re-checked
- Annual precipitation: Bolthole Index county data
- Share of land at 15% slope or less: Bolthole Index county data
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
Written September 27, 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.