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

Mercer County administers zoning and land-use applications outside incorporated-city zoning jurisdictions and the Fort Berthold Indian Reservation^1,2. We could not confirm 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 requiring a Planning and Zoning meeting are due at least 3 weeks before the meeting because public notice is required². North Dakota's state building code took effect in 2026, but a county, city or township administers that code only if it elects to do so; North Dakota law lets a county that does so require building permits for structures under county zoning in unincorporated areas⁹, but we could not confirm Mercer County adoption or enforcement¹⁰. Mercer County's zoning ordinance leaves permit fee schedules to the Planning Commission, subject to County Commission approval, and we found no published general fee amount¹¹. 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 exemption¹².

The Mercer County Land Use Administrator handles planning, zoning and land-use applications; call 701-745-3294 or email jlneumiller@nd.gov 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 process¹³. 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 department¹⁴. Construction or development in a special flood-hazard area also needs a permit before work begins from the Mercer County Floodplain Administrator¹⁵.

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 ordinance¹. The official zoning map is kept on file with the Mercer County Auditor, so confirm the district before judging what a parcel can support⁵. 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 maximum⁵. The R-4 Mobile Home District has an 80,000-square-foot minimum lot and a 150-foot minimum width⁵. Those figures should not be applied to every parcel, because the requirements depend on the zoning district⁵.

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 substitute³. North Dakota also requires an onsite-system installer to hold a state license and secure a local public health permit before work begins¹⁶. Western Plains Public Health publishes the application for Mercer County and accepts completed applications by email at eh@westernplainsph.org⁴. 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 fit¹⁷. Statewide, the permitting authority or its representative must inspect an installed onsite system within 1 business day after the inspection is requested, so ask Western Plains Public Health how to request that inspection before you cover the system^4,18.

Mercer County's zoning ordinance gives a limited answer for RVs: in the Agricultural District, a recreation vehicle on a parcel owned by the person who holds title to it is allowed only if it is unoccupied or occupied by the owner or persons related to the owner by blood, marriage or adoption⁵. We could not confirm RV living in other districts or by non-relatives, and we found no county rule on tiny homes or temporary camping, so confirm the parcel's district with the Land Use Administrator before purchase^2,5. While you build, the R-1 district allows a temporary mobile home for the landowner as a conditional use for up to 2 years, removed within 60 days after the owners move into the new house, and the county may require a bond⁶. A HUD manufactured home can serve as a single-family residence in the R-1 through R-4 districts if it meets the county's single-family dwelling standards, including at least 1,000 square feet of above-ground living area and a minimum 24-foot width and depth, plus the district's lot and setback rules⁶. 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 inspector¹⁹. The state's 14-night rule applies to state-park campsites and cabins and does not answer private-land camping²⁰.

1. 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 jlneumiller@nd.gov^2,5.
2. Submit any application needing a Planning and Zoning meeting at least 3 weeks before the meeting².
3. Check the district's lot, setback and height rules before fixing the house site⁵.
4. 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 limitations^3,4,17.
5. If access connects to a county roadway, use the Highway Department drive permit and budget its $50-per-approach charge¹⁴.
6. If the site is in a special flood-hazard area, obtain the county floodplain permit before construction or development begins¹⁵.

Start with jurisdiction: county zoning excludes the Fort Berthold Indian Reservation and incorporated-city zoning jurisdictions, so the governing office can change across Mercer County¹. Next, verify the official zoning map and district standards with the Mercer County Auditor and Land Use Administrator^2,5. Septic feasibility deserves an actual site review because only about 12.8% of county soils are rated without severe limits for a conventional drain field¹⁷. 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-feet^8,17. About 75.3% of the county is at a slope of 15% or less, but flood-hazard land triggers a separate county development permit^15,17. Owner-builders should note that North Dakota's builder property-tax exemption is discretionary, applies only where the county has passed a resolution allowing it, and is not a building-permit exemption⁷. The effective property-tax rate is about 1.1%, with a median annual bill near $2,101¹⁷.