Nelson County, ND: Limited Building Permits

Nelson County, North Dakota has county zoning, but we could not confirm the exact residential building-permit process or a local building-code inspection program^1,2. Before designing a home, ask the Nelson County Planning Commission what land-use approval applies to the parcel. Septic permits are separate: the Nelson/Griggs District Health Unit issues them for onsite wastewater work^3,4.

At a glance

Building permit: County land-use review appears to apply; the exact residential permit and inspection process is unconfirmed¹
Zoning: Nelson County has adopted zoning and subdivision regulations²
Septic permit: Required from the local public health unit before work begins^4,5
RV living: No private-land occupancy rule confirmed; ask the Planning Commission before moving an RV onsite^2,3
Tiny homes: No specific occupancy or minimum-size rule confirmed; parcel zoning still matters^2,3
Owner-builder exemption: No county construction exemption confirmed⁶
Agricultural buildings: The state-code exemption excludes homes and buildings used by the public⁷
Private well: A state appropriation permit applies above 12.5 acre-feet per year; qualifying lower uses must be reported⁸

Who to call

Zoning

Nelson County Planning Commission

Parcel zoning, land-use and development-permit questions for Nelson County

701-247-2463

210 B Ave W, Lakota, ND

Septic permits

Nelson-Griggs District Health Unit

Local public-health coordination for onsite wastewater permits and inspections in Nelson County

(701) 322-5624

116 Main Street PO Box 365 McVille, ND 58254

Contact details are copied from each office’s official page and were checked against it on October 10, 2026.

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

Plan on a county land-use review before construction in Nelson County, but do not assume that review includes a building-code permit or inspections.

Plan on a county land-use review before construction in Nelson County, but do not assume that review includes a building-code permit or inspections¹. Nelson County publishes zoning and subdivision regulations, yet we could not confirm the operative residential permit requirement or a local building-code enforcement program^1,2. North Dakota's 2024 State Building Code took effect January 1, 2026, but adoption is elective for cities, counties and townships; a jurisdiction that adopts a building code must enforce the State Building Code⁹. We could not confirm that Nelson County has made that election. Ask the Nelson County Planning Commission which application, approval and inspections apply to the parcel and project before work starts³.

Who handles Nelson County building and zoning questions?

We could not confirm a separate Nelson County building department, so start with the Nelson County Planning Commission at 210 B Ave W in Lakota or call 701-247-2463.

We could not confirm a separate Nelson County building department, so start with the Nelson County Planning Commission at 210 B Ave W in Lakota or call 701-247-2463³. Give the office the parcel number, legal description, proposed use and a basic site plan, then ask whether the project needs land-use approval and whether a city, township or the county enforces a building code at that location^1,3,9. Nelson County's construction-inspection schedule, certificate-of-occupancy process and owner-builder exemption could not be confirmed^3,6. Where a permit is required, the enforcing jurisdiction sets permit and plan-review fees; North Dakota does not supply one fee schedule for every jurisdiction¹⁰.

Does Nelson County, North Dakota have zoning?

Yes.

Yes. Nelson County publishes adopted zoning and subdivision regulations and has a county Planning Commission^2,3. Confirm that the tract is under county jurisdiction rather than inside a city or its zoning area before relying on county rules^3,11. We could not confirm the parcel's zoning district or a countywide minimum dwelling size, minimum lot size, setback, lot-coverage limit or building-height limit^2,3. Take the legal description and proposed home, accessory structure, RV or mobile-home use to the Planning Commission for a site-specific answer before purchase or design³. North Dakota allows counties to regulate building location and use, lot occupancy and land use through zoning districts, subject to statutory limits¹².

How do septic permits work in Nelson County?

Nelson-Griggs District Health Unit is the local public health authority for onsite wastewater systems serving Nelson County.

Nelson-Griggs District Health Unit is the local public health authority for onsite wastewater systems serving Nelson County^4,13. North Dakota requires an onsite wastewater installer to hold a state Department of Environmental Quality license and secure a permit from the local public health unit before work begins^4,5. A permit must be obtained before work begins, is issued by the permitting authority for the area where the work is done, and is valid for no more than 12 months; the permit fee is set by that authority¹⁴. An owner installing a system on the owner's own premises may do so without an installer license but must still obtain the system permit¹⁴. The permitting authority may deny a permit if a public sewer is available within 200 feet of the property line, and the installation must be inspected within one business day after the request under a rule effective October 1, 2026^14,15. The district directs onsite sewer inspection questions to Grand Forks Public Health Environmental Health at 701-787-8100¹⁶. About 35.2% of Nelson County soils are rated without severe limitations for a conventional septic drain field, so a parcel-specific site evaluation is an important early step¹⁷. We could not confirm that every proposed off-grid sanitation method is allowed, so describe the entire wastewater plan to the district rather than assuming an alternative system is acceptable¹⁶.

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

We could not confirm a Nelson County rule that allows or prohibits long-term RV occupancy or temporary camping on private land.

We could not confirm a Nelson County rule that allows or prohibits long-term RV occupancy or temporary camping on private land^2,3. North Dakota's limit of 14 nights in any 30-day period applies to state-park campsites and cabins, not to private property in Nelson County¹⁸. A county tiny-home occupancy rule and minimum home size also could not be confirmed, so ask the Planning Commission about the parcel's district, the proposed foundation, duration of occupancy and wastewater plan³. A new manufactured home used as a residence must be installed by a state-licensed installer and inspected by a state-licensed inspector, regardless of the unresolved local occupancy details¹⁹. A local septic permit is still required before an onsite wastewater system is installed⁵.

What are the steps to build a home in Nelson County?

Ask the Nelson County Planning Commission to identify the parcel's jurisdiction, zoning district, allowed residential use, setbacks and required land-use approval.

Ask the Nelson County Planning Commission to identify the parcel's jurisdiction, zoning district, allowed residential use, setbacks and required land-use approval^2,3.

Ask whether a city, township or Nelson County enforces the state building code at the site and which inspections or final approvals apply^1,9.

Contact Nelson-Griggs District Health Unit before fixing the house location, because the local septic permit must be secured before onsite wastewater work begins^5,16.

Determine the water source; withdrawals above 12.5 acre-feet per year require a state appropriation permit, while qualifying lower domestic uses must be reported⁸.

Ask the Planning Commission who handles legal road access and floodplain review, and request the applicable fee schedule and approval sequence because those county details could not be confirmed^3,10.

What should you check before buying land in Nelson County?

Start with jurisdiction and zoning: have the Nelson County Planning Commission identify the controlling authority, parcel district, allowed use, setbacks and any development approval before closing.

Start with jurisdiction and zoning: have the Nelson County Planning Commission identify the controlling authority, parcel district, allowed use, setbacks and any development approval before closing^2,3. Screen septic feasibility early because only about 35.2% of county soils avoid a severe-limitation rating for a conventional drain field¹⁷. Nelson County has about 98.2% of its land at a slope of 15% or less, but gentle terrain does not replace a parcel survey, drainage review or septic evaluation¹⁷. About 41.8% of Nelson County is federal land, making ownership and access checks especially important for a particular listing¹⁷. The county's effective property-tax rate is about 0.8%, and the median annual property-tax bill is about $919¹⁷. Development in a Special Flood Hazard Area needs a permit from the local Floodplain Administrator before work starts, and State Department of Water Resources review is required first for development in the regulatory floodway²⁰. For a private well, confirm reporting duties and whether expected withdrawal crosses the state permit threshold⁸.

Watch-outs

Nelson County land-use review appears to apply, but the exact residential permit requirement and local inspection program could not be confirmed; ask the Planning Commission before construction^1,3.
Private-land RV occupancy, tiny-home standards and minimum dwelling size remain unconfirmed; obtain a parcel-specific answer from the Planning Commission before buying or moving a unit onsite³.
Only about 35.2% of Nelson County soils avoid a severe-limitation rating for conventional septic drain fields, so contact the health district before finalizing the building site^16,17.
A North Dakota septic permit must be in hand before work begins, and a rule effective October 1, 2026 sets one-business-day installation inspections^14,15.

Sources

20 official pages, each quoted and re-checked · written October 10, 2026

Written October 10, 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.

Off-grid gear

Going off-grid in Nelson County means bringing your own water and power. The kit we’d start with:

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Compared with neighboring counties

Unlike all 6 of its neighbors, Nelson County requires a building permit only in limited cases.

Rule	Nelson County	Ramsey County	Grand Forks County	Walsh County	Griggs County	Eddy County	Steele County
Building permit	Limited	Not required	Required	Required	Not required	Required	Required
County zoning	Yes	No	Yes	Yes	Yes	Yes	No
Septic permits	Nelson/Griggs District Health Unit	LRDHU	Grand Forks Public Health	County Health District	Nelson-Griggs District Health Unit	ND Dept. of Env. Quality	County Public Health

Cities and towns in Nelson 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: Adler Township · Bergen Township · Central Township · Clara Township · Dahlen Township · Dayton Township · Dodds Township · Enterprise Township · Field Township · Forde Township · Hamlin Township · Illinois Township · Lakota Township · Lee Township · Leval Township · McVille · Melvin Township · Michigan Township · Michigan City · Nash Township · Nesheim Township · Ora Township · Osago Township · Pekin · Petersburg · Petersburg Township · Rubin Township · Rugh Township · Sarnia Township · Tolna · Wamduska Township · Williams Township

Answers from the rulebook for Nelson County

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

Nelson County rules

Building permitLimited
Farm structures in Nelson County.
- The official county plan states that permits are not required to be issued for farm structures; it does not identify the governing permit type or state a general residential-building-permit rule.
“Permits are not required to be issued for farm structures in Nelson County.”
Nelson County Multi-Hazard Mitigation Plan ↗Re-checked Nov 13, 2026
Local zoningVaries (with conditions)
Countywide aggregate of municipal zoning within Nelson County; this does not state that Nelson County administers every municipal ordinance.
- The county plan identifies zoning ordinances in Aneta, Lakota, McVille, Michigan, Pekin, and Tolna.
- The county plan's Table 3.6A identifies Petersburg as having no zoning ordinance, while Tolna is identified as having one.
“In Nelson County, cities that have Zoning Ordinances are: Aneta, Lakota, McVille, Michigan, Pekin, and Tolna. [...] Petersburg | No | Yes | No | Yes [...] Tolna | Yes | No | No | Yes”
Nelson County Multi-Hazard Mitigation Plan ↗Re-checked Nov 13, 2026
Who permits septicMixed (with conditions)
Onsite wastewater systems serving Nelson County through the Nelson/Griggs District Health Unit.
- North Dakota DEQ oversees installer licensing.
- The local public health unit issues the installation permit.
- 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”
On-Site Wastewater Treatment Systems ↗Re-checked Oct 3, 2026
One more reviewed finding on this topic
- Local (with conditions) — Local public-health administration for onsite wastewater permits in Nelson County.
  “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.”
  Nelson County Public Health ↗Re-checked Oct 2, 2026
Septic permitRequired
Construction, alteration, repair, or extension of an onsite wastewater treatment system within the Nelson/Griggs District Health Unit's jurisdiction in Nelson County, North Dakota.
- A permit must be obtained from the permitting authority before work begins.
- Regular system maintenance does not require a permit.
- The permit is issued by the permitting authority within the jurisdictional limits where the work is being done, and the permit fee is set by that authority.
- A permit may not be issued without a valid installer license, except for an individual installing a system on the individual's own premises; that owner remains required to obtain the system permit.
- A permit is valid for no more than twelve months from issuance.
- The permitting authority may deny a permit if a public sewer is available within 200 feet (60.96 meters) of the property line unless written documentation indicates denial of connection from the sewer authority.
- For wastewater flows of 2,500 gallons (9,463.53 liters) per day or greater, plans and specifications must be prepared by a North Dakota-registered professional engineer and approved by the Department's Division of Municipal Facilities before construction begins.
- Permit approval, modification, denial, or revocation must be in writing.
- The rule is effective October 1, 2026.
permit validity: <= 12 months maximum (from date of issuance) · public sewer distance: <= 200 feet (permit may be denied unless written documentation indicates denial of connection from the sewer authority) · wastewater flow requiring engineer review: >= 2500 gallons per day (plans and specifications must be prepared by a North Dakota-registered professional engineer and approved before construction) · permit fee: set by permitting authority
“A person may not construct, alter, repair, or extend any system without first obtaining a permit from the permitting authority. Regular system maintenance does not require a permit.”
North Dakota Administrative Code, Chapter 33.1-21-01 ↗Re-checked Oct 5, 2026
One more reviewed finding on this topic
- Required — Onsite wastewater-treatment-system installation in the Nelson/Griggs District Health Unit service area, including Nelson County.
  “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.”
  On-Site Wastewater Treatment Systems ↗Re-checked Oct 2, 2026
Septic inspectionRequired
Installation of an onsite wastewater treatment system requiring a permit within the Nelson/Griggs District Health Unit's jurisdiction in Nelson County, North Dakota.
- The permitting authority or its authorized representative must inspect the installation.
- The inspection must be conducted within one business day after receiving the request for inspection.
- The permitting authority must notify installers of noted deficiencies at the time of inspection.
- Inspection of existing equipment and system operation may be made at a reasonable time; the rule does not establish that every existing system must be inspected.
- The inspection rule is effective October 1, 2026.
inspection deadline after request: <= 1 business day
“A public health unit shall conduct a required in-person or virtual inspection of an onsite wastewater system within one business day of receiving the request for the inspection.”
North Dakota Administrative Code, Section 33.1-21-01-14 ↗Re-checked Oct 5, 2026
County-wide zoningPresent
Nelson County has adopted county Zoning Resolution and Subdivision Regulations published on its official nelsonco.org site and administered by a 7-member county Planning Commission.
Nelson County Zoning Resolution and Subdivision Regulations ↗From the county’s own site, awaiting a second reviewer

North Dakota rules that apply here

Owner-builder exemptionAvailable (with conditions)
A North Dakota property-tax exemption for qualifying new single-family residential property, including an individual who builds that individual's own residence; this is not evidence of exemption from building permits or construction codes.
- The exemption is discretionary and requires the city or county governing body to pass a resolution.
- 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 construction began and the next two taxable years, subject to other conditions.
- The governing body may limit or impose conditions, including time and dollar-value limits.
- A builder may receive the exemption for no more than ten properties in a taxable year within each approving jurisdiction.
- General taxes and installments of special assessments may not be delinquent.
- The resolution may be rescinded or amended at any time.
exemption duration: taxable year construction began and next two taxable years (subject to statutory and resolution conditions) · maximum properties per builder per taxable year: 10 properties (within each jurisdiction that has approved the exemption)
“New single-family residential property, exclusive of the land on which it is situated, is exempt from assessment for the taxable year in which construction began and the next two taxable years, if the property remains owned by the builder, remains unoccupied, and all of the following conditions are met: (1) The governing body of the city, for property within city limits, or the governing body of the county, for property outside city limits, has approved the exemption of property under this subsection by resolution. [...] For purposes of this subsection, "builder" includes an individual who builds that individual's own residence.”
Property Tax Exemption for Builders of Certain New Single Family Residential Properties ↗Re-checked Oct 7, 2026
One more reviewed finding on this topic
- Conditional — An individual who builds that individual’s own single-family residence and seeks the North Dakota builder property-tax exemption.
  “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.”
  Property Tax Exemption for Builders of Certain New Single Family Residential Properties ↗Re-checked Oct 4, 2026
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.”
Building Codes | Commerce | North Dakota ↗Re-checked Oct 5, 2026
4 more reviewed findings on this topic
- Partial — North Dakota jurisdictions, including Nelson County only if the jurisdiction 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. However, a jurisdiction is permitted to further amend the State Building Code to conform to local needs.”
  Building Codes | Commerce | North Dakota ↗Re-checked Oct 2, 2026
- Adopted — North Dakota State Building Code statewide; this does not establish Nelson County adoption or enforcement.
  “If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code.”
  Building Codes | Commerce | North Dakota ↗Re-checked Oct 2, 2026
- 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.”
  Building Codes | Commerce | North Dakota ↗Re-checked Sep 12, 2026
- 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.”
  North Dakota Century Code Chapter 54-21.3, State Building Code ↗Re-checked Oct 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”
2026 North Dakota State Building Code Book ↗Re-checked Sep 12, 2026
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 [...]”
  North Dakota Century Code Chapter 54-21.3, State Building Code ↗Re-checked Oct 1, 2026
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.”
North Dakota Century Code Chapter 40-47, City Zoning ↗Re-checked Oct 5, 2026
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.”
North Dakota Century Code Chapter 40-47, City Zoning ↗Re-checked Oct 5, 2026
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”
North Dakota Century Code Chapter 40-47, City Zoning ↗Re-checked Oct 5, 2026
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.”
North Dakota Century Code Chapter 40-47, City Zoning ↗Re-checked Oct 5, 2026
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.”
Manufactured Home Installation Program ↗Re-checked Sep 12, 2026
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.”
North Dakota Administrative Code, Section 33.1-21-01-07: General requirements ↗Re-checked Oct 5, 2026
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.”
Water Appropriation Permits ↗Re-checked Sep 12, 2026
One more reviewed finding on this topic
- Limited — Private water wells serving property in Nelson County.
  “If your well will draw over 12.5 acre-feet (4,073,000 gallons) of water per year, it needs to be permitted by the North Dakota Department of Water Resources (dwr.nd.gov | 701-328-2750). A permit is not needed for wells that draw less than 12.5 acre-feet per year.”
  Private Well Owner’s Guide: Well Installation ↗Re-checked Oct 2, 2026
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”
North Dakota Century Code Chapter 40-28 Service Connections ↗Re-checked Nov 6, 2026
One more reviewed finding on this topic
- Conditional — Construction of an onsite wastewater system in North Dakota.
  “The permitting authority may deny a permit [...] unless written documentation indicates denial of connection from the sewer authority.”
  North Dakota Administrative Code, section 33.1-21-01-06, Permits required ↗Re-checked Nov 4, 2026
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.”
North Dakota Century Code Chapter 54-21.3, State Building Code ↗Re-checked Oct 5, 2026
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.”
  North Dakota Century Code Chapter 11-33.2, Subdivision Regulation ↗Re-checked Oct 5, 2026
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.”
North Dakota Century Code Chapter 11-33.2, Subdivision Regulation ↗Re-checked Oct 5, 2026
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.”
  North Dakota Century Code Chapter 11-33.2, Subdivision Regulation ↗Re-checked Oct 1, 2026
- 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.”
  North Dakota Century Code Chapter 11-33.2 — Subdivision Regulation ↗Re-checked Oct 5, 2026
- 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.”
  North Dakota Century Code Chapter 11-33.2, Subdivision Regulation ↗Re-checked Oct 5, 2026
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.”
North Dakota Century Code Chapter 24-01, State Highway System ↗Re-checked Oct 5, 2026
Building in a floodplainLimited
Development in a Special Flood Hazard Area within an NFIP-participating community in Nelson County.
- A local Floodplain Administrator administers the permit.
- The permit must be obtained before beginning work in the Special Flood Hazard Area.
- The permit should be the last permit issued for the project.
- North Dakota Department of Water Resources review is required before a floodplain-development permit is issued for development within the regulatory floodway.
- Structures substantially damaged or improved by more than 50 percent must fully comply with applicable floodplain regulations.
substantial improvement threshold: > 50 percent (Structures substantially damaged or improved by more than 50 percent must fully comply with applicable floodplain regulations.)
“Each NFIP participating community is responsible for managing floodplain development in compliance with state and federal laws. NFIP communities appoint a Floodplain Administrator to fulfill this function. The Floodplain Administrator is the local resource for any floodplain management questions. A floodplain development permit must be obtained from the local Floodplain Administrator before beginning any work in a Special Flood Hazard Area.”
Floodplain Management Page ↗Re-checked Oct 2, 2026
One more reviewed finding on this topic
- Required — Construction or modification of North Dakota water-control structures regulated by the Department of Water Resources.
  “A construction permit is required from the DWR if a water control structure is constructed or modified”
  Construction Permits ↗Re-checked Sep 12, 2026
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.”
Lodging Establishments ↗Re-checked Sep 12, 2026
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.”
2026 North Dakota State Building Code Book ↗Re-checked Sep 12, 2026
Permit processPartial
Administration and enforcement of the North Dakota State Building Code by eligible city, township, and county jurisdictions.
- A city, township, or county that elects to administer and enforce a building code must adopt and enforce the state building code.
- Local jurisdictions may amend the state building code to conform to local needs.
- A city or township may enforce only within its jurisdictional area; a county may enforce in areas where the state building code is not administered by a city or township.
“Community Services is not involved in the enforcement of the State Building Code. This is the responsibility of jurisdictions that elect to adopt and enforce building codes.”
Building Codes ↗Re-checked Sep 12, 2026
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.”
North Dakota Century Code, Chapter 23-10, Mobile Home Parks, Trailer Parks, and Campgrounds ↗Re-checked Nov 4, 2026
2 more reviewed findings on this topic
- Limited — Recreational vehicle parks and campgrounds operating in North Dakota, including any such facility in Nelson County.
  “Submit the license application at least 30 days before beginning construction or if acquiring new ownership. For new construction or renovation or remodel of an existing mobile home park or recreational vehicle park/campground, also complete Section 3: Plan Review Checklist found on page 4. Following payment, allow up to 30 calendar days for review.”
  Mobile Home Parks and Recreational Vehicle Parks/Campgrounds ↗Re-checked Oct 4, 2026
- Limited — Camping and campsite occupancy in North Dakota state parks.
  “may not occupy any cabin, dormitory, or campsite for more than fourteen days within any thirty-day period without the written permission of the park manager.”
  North Dakota Administrative Code, Chapter 58-02-08, State Park Rules ↗Re-checked Nov 4, 2026
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.”
North Dakota Century Code, Chapter 11-33, County Zoning ↗Re-checked Sep 21, 2026
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”
  North Dakota Century Code Chapter 11-33, County Zoning ↗Re-checked Oct 1, 2026
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.”
North Dakota Century Code, Chapter 54-21.3 — State Building Code ↗Re-checked Oct 5, 2026

Set by your township or city, not the county

In North Dakota, zoning is adopted by each township or city, so Nelson 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
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 — Certificates of occupancy for unincorporated Nelson County buildings.

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 Nelson County, North Dakota

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

Nelson County scores 57/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 2,201 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (20.8″/yr rainfall).

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

Land in Nelson County runs about $2,048 per acre, based on the latest county data.

What is the water situation in Nelson County?

Nelson County gets about 20.8" of rain a year, with severe drought in roughly 8.7% of years.

How remote is Nelson County?

A typical private-land location has about 2,201 people within 15 miles and 575,649 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

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