Zoning, building permits and septic rules in Rutland, North Dakota

Rutland’s own rules

• Building permitRequired

  Constructing, altering, repairing or moving a building in Rutland city

  • Storm-related replacement of roofs, siding and windows do not require a building permit.
  • Permit issued by city auditor/zoning administrator; expires one year from issuance.
  • Starting work without a permit: $100 fine plus accruing late fees.

  fine for work without permit: 100 USD (late fees accrue until paid)

  “failure to obtain an approved building permit prior to beginning any work will result in a $100.00 fine, with late fee(s) to accrue until paid.”

• Building code adoptedAdopted

  Construction inside Rutland city

  • Adopts the state building code as currently adopted and as amended by the state.

  “the city council hereby adopts the state building code as provided in chapter 54-21.3 of the north dakota century code”

• InspectionsLimited

  Buildings with issued permits in Rutland city, including placement of mobile and manufactured homes

  • Inspection is 'as often as practical', not at fixed stages.
  • Official may order work stopped for defective or illegal work.

  “the zoning administrator, or fire chief, or other designated official, shall, as often as practical, inspect all buildings for which a permit has been issued including placement of mobile homes and manufactured homes”

• Local zoningPresent

  All land within Rutland city limits and one mile extraterritorial area

  • Ordinance first reading Sept 10, 2018, adopted Oct 1, 2018; the posted PDF is a later Oct 2021 spelling-corrected copy.

  “this chapter shall apply to all land within the corporate limits of the city of rutland, north dakota, and one mile outside its corporate limits, known as the extra-territorial planning area authorized by the laws of north dakota.”

• Zoning districtsPublished

  Rutland city zoning districts

  • Official zoning map is on file with the city auditor.

  “the city of rutland is hereby divided into the following districts: r -residential district r - mhp - residential - mobile home park district a - agricultural district c - commercial i - industrial”

• Minimum lot sizeSpecified

  R residential district, Rutland city

  • Multi-family units require public water and sewer to be available.
  • Agricultural (A) district has no stated lot size, only a road-centerline yard rule.

  single-family lot area: >= 7500 sq ft · two-family lot area: >= 10000 sq ft

  “minimum lot area: for single-family units shall be seventy-five hundred (7,500) square feet; 10,000 square feet for two-family;”

• SetbacksSpecified

  R residential district, Rutland city

  • A corner lot has two fronts.

  front yard: >= 25 feet · rear yard: >= 25 feet · side yard each side: >= 10 feet

  “b. front yard: the minimum front yard, measured from the front lot line, shall be no less than twenty-five (25) feet. a corner lot has two fronts. c. rear yard: the minimum rear yard, measured from the rear lot line, shall not be less than twenty-five (25) feet. d. side yard: the minimum side yard, measured from the side lot line, shall not be less than ten (10) feet on each side of a lot.”

  One more reviewed finding on this topic

  • Specified — A agricultural district, Rutland city

    “3. yard requirements.150 feet measured from the centerline of any public road. (applicable to all structures and plantings.) and not less than fifty (50) feet.”

• Lot coverageSpecified

  R residential district, Rutland city

  maximum coverage: <= 50 percent

  “7,500 square feet for each additional multi-family unit provided that public water and sewer is available. coverage - 50% percent, maximum”

• Building heightSpecified

  R residential district, Rutland city

  • Church steeples excepted.

  maximum height: <= 35 feet (or 2.5 stories)

  “4. building height. no building shall be more than two and one half (2½) stories or thirty-five (35) feet high, except church steeples.”

• Tiny homesLimited

  Tiny homes in the R residential district, Rutland city

  • Conditional use requiring city council approval after public hearing.
  • Must be on a permanent foundation, face a public street, and be at least 8' wide and 10' long.

  “d. tiny homes provided: i. they are placed on a permanent foundation ii. they face a public street iii. they are at least 8' wide and 10' in length”

• Manufactured homesLimited

  Mobile homes on individual lots in the R residential district, Rutland city

  • Conditional use.
  • Wiring and plumbing inspected by licensed electrician and plumber before moving on.
  • Permanent foundation or basement by registered installer; entrance faces street; similar siding; permanent skirting before occupancy.
  • Mobile home parks are allowed in the R-MH district.

  maximum age: <= 10 years · minimum width: >= 14 feet · minimum length: >= 60 feet

  “c. mobile homes provided: i. they are no more than ten years old, at least 14' wide and at least 60' in length;”

• Who permits septicLocal

  Septic systems inside Rutland city limits

  • City bars septic systems entirely; sewage goes to the city system.

  “construction and use of septic tanks, privies and cesspools shall be prohibited within the corporate limits of the city of rutland.”

• Off-grid sanitationProhibited

  Septic tanks, privies and cesspools inside Rutland city

  “construction and use of septic tanks, privies and cesspools shall be prohibited within the corporate limits of the city of rutland.”

• Mandatory utility hookupWater and sewer (with conditions)

  New developments inside Rutland city

  • Applies to all new developments; no distance threshold stated in the zoning chapter.

  “all new developments within the city of rutland shall be connected to the city sewer and water system.”

• Subdividing landRegulated (with conditions)

  Development of unplatted land in Rutland city

  • Preliminary plat covers entire contiguous area if under 20 acres; city council approves final plat.

  “in the event of a land development of unplatted lands, a preliminary plat shall be prepared by a registered land surveyor and shall be presented to the planning commission for review and recommendation to the city council.”

• Permit feesVariable (with conditions)

  Building permits in Rutland city

  • Amount is on the building permit application form, not in the ordinance; not retrieved.

  “the zoning administrator shall charge and collect a fee as set by the city council.”

• Permit processPublished (with conditions)

  Building permits in Rutland city

  • Written application with plot plan, plans, materials and cost to the city auditor/zoning administrator; denial may be appealed to city council.

  “the zoning administrator shall issue a building permit if the proposed building or structure conforms to zoning and building provisions of this chapter.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Rutland or Sargent County directly.

• Owner-builder exemption — Owner-built homes inside Rutland city
• Certificate of occupancy — Occupancy of new buildings inside Rutland city
• Minimum dwelling size — Single-family dwellings inside Rutland city
• Living in an RV — RV occupancy inside Rutland city
• Camping on your land — Camping inside Rutland city

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.