Clay County, TN: No Zoning, Limited Building Permits

Unincorporated Clay County, Tennessee does not require a county building permit, and Clay County opted out of the state residential permit program¹. Septic permits come from the state, not the county: TDEC's Cookeville Environmental Field Office handles them². We could not confirm whether the county has zoning, so ask the County Mayor's office before relying on unrestricted use³.

At a glance

Building permit: No county building permit in unincorporated Clay County; the state residential program does not apply¹
Building code: Clay County is listed as OPT OUT of the state residential building-code program¹
Zoning: Countywide zoning could not be confirmed; ask the County Mayor's office³
Septic permit: Required for construction, modification or repair and handled by TDEC^2,4
RV or tiny-home living: Long-term occupancy rules could not be confirmed; ask the County Mayor's office³
Owner-builder: Available; with no county building permit there is nothing to be exempt from, though state trade licensing may still apply¹
Septic soils: Only 4% of soils lack severe limits for a conventional drain field⁵

Who to call

Building permits

Tennessee State Fire Marshal's Office

Optional state inspections and Certificates of Occupancy in opt-out or non-code jurisdictions

615-741-7170

Online permits →

Septic permits

TDEC Cookeville Environmental Field Office

Division of Water Resources questions, including septic-related inquiries, for Clay County

931-206-6329

1844 Foreman Dr, Suite 101, Cookeville, TN 38501

Online permits →

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Do you need a building permit in Clay County, Tennessee?

Unincorporated Clay County does not require a county building permit, so a landowner may build their own home without one.

Unincorporated Clay County does not require a county building permit, so a landowner may build their own home without one¹. Clay County is listed as OPT OUT of Tennessee's residential building-code and permit program for one- and two-family dwellings, so the state's residential building permit and its published fees do not apply there^1,6. Tennessee has adopted the 2018 residential and energy codes, but the state enforcement program applies only where a jurisdiction has neither received an exemption nor opted out⁷. State licensing for electrical, plumbing and HVAC work may still apply¹. Land inside an incorporated city, such as Celina, is a different question, so ask that city. Septic, driveway and floodplain approvals remain separate from the building permit and are covered below.

Who handles building permits and inspections in Clay County, Tennessee?

Clay County has no building department that issues building permits for unincorporated land.

Clay County has no building department that issues building permits for unincorporated land¹. Owners in an opt-out jurisdiction may request a State Fire Marshal's Office inspection during construction, and a qualifying dwelling that meets statewide safety standards can receive a Certificate of Occupancy⁸. The Tennessee State Fire Marshal's Office answers inspection questions at 615-741-7170⁸. For anything else about a parcel, including floodplain review, start with the Clay County Mayor's office.

Does Clay County have zoning?

We could not confirm whether unincorporated Clay County has countywide zoning; the county office list does not identify a planning or zoning department, but that is not an explicit statement that no zoning ordinance exists³. Ask the County Mayor's office whether a parcel is subject to county zoning, subdivision controls, setbacks, minimum lot size, lot coverage or height limits. Tennessee law authorizes counties to adopt zoning outside municipal corporations, so rural land should not be treated as unrestricted without a parcel-specific answer⁹. Agricultural buildings receive a conditional county-zoning exemption only when on land devoted to agricultural use and incidental to that enterprise, with highway, airport, park and floodplain exceptions¹⁰.

How do septic permits work in Clay County?

The Tennessee Department of Environment and Conservation, rather than Clay County, handles septic-system installation and repair permitting through the Division of Water Resources.

The Tennessee Department of Environment and Conservation, rather than Clay County, handles septic-system installation and repair permitting through the Division of Water Resources^11,12. TDEC requires a permit before construction, modification or repair of a septic system, and the permit should come before dirt work or construction of the building pad⁴. Apply online; a TDEC Environmental Scientist evaluates the site, and a complete application may take up to 45 days¹³. Mark the property lines and desired house location, then mow or bushhog the site before the visit¹³. For Clay County questions, contact the TDEC Cookeville Environmental Field Office at 931-206-6329¹⁴. The installer must obtain a final inspection before covering the system; approval results in a Certificate of Completion¹³. Only 4% of Clay County soils are rated without severe limitations for a conventional drain field, so make septic feasibility an early purchase contingency⁵.

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

We could not confirm Clay County rules for long-term RV living, temporary camping, tiny-home occupancy, manufactured homes or accessory dwellings.

We could not confirm Clay County rules for long-term RV living, temporary camping, tiny-home occupancy, manufactured homes or accessory dwellings. The county office list is not enough to conclude that those uses are allowed³. Before buying, give the County Mayor's office the parcel number and ask who answers occupancy, setbacks, minimum dwelling size, floodplain and subdivision questions. If the land lies inside an incorporated municipality, ask that city because Tennessee county zoning authority concerns land outside municipal corporations⁹. A dwelling using onsite wastewater still needs TDEC approval before system construction, modification or repair⁴. For a proposed house or establishment seeking electric service, the electrical inspector needs written notice of public sewer service, a septic-permit application or use of an existing septic system; this is an electrical-service documentation rule, not a general mandate to connect to water or sewer⁴. Clay County's opt-out status does not settle local occupancy questions¹.

Building a home in Clay County: steps in order

Confirm the parcel is in unincorporated Clay County, where no county building permit is required.

Confirm the parcel is in unincorporated Clay County, where no county building permit is required¹. Ask the County Mayor's office about zoning, subdivision and floodplain rules, which we could not confirm.

Apply online for TDEC septic review before dirt work or construction of the building pad, and prepare the marked, mowed site for evaluation^4,11,13.

If septic will serve newly divided land, submit a survey and a soils map by a Tennessee-licensed soils consultant for TDEC's subdivision evaluation; TDEC's stated definition excludes a division where every resulting tract is at least 5 acres⁴.

Resolve access. A new, modified or changed-use driveway within Tennessee state-highway right-of-way needs a TDOT permit; for a residential entrance, TDOT's listed contact for Clay County is the District 27 representative at (931) 526-4522¹⁵. The county-road rule remains unconfirmed.

Before requesting electric service, provide written notice of public sewer service, a septic-permit application or an existing septic system⁴.

Have the septic installation inspected before it is covered¹³. Decide separately whether to request voluntary State Fire Marshal inspections and a Certificate of Occupancy⁸.

What should you check before buying land in Clay County?

Make septic feasibility the first contingency: only 4% of Clay County soils are rated without severe limitations for a conventional drain field.

Make septic feasibility the first contingency: only 4% of Clay County soils are rated without severe limitations for a conventional drain field⁵. Terrain also affects siting because 34.4% of the land is at a slope of 15% or less, while 70.8% is wooded⁵. Floodplain development rules are managed locally by each community, so ask the County Mayor's office who serves as Clay County's floodplain administrator before you build near mapped water¹⁶. The county-road entrance process could not be confirmed. Construction, modification or a change in use of a driveway within Tennessee state-highway right-of-way requires a TDOT permit¹⁵. Ask the serving utility whether sewer connection is mandatory where sewer is available¹⁷. The effective property-tax rate is about 0.6% and the median annual bill is about $841⁵.

Watch-outs

Clay County's opt-out removes only the state residential permit program; the county itself requires no building permit in unincorporated areas, but incorporated cities may set their own rules¹.
Countywide zoning, RV occupancy, tiny-home occupancy, setbacks and minimum dwelling size remain unconfirmed; ask the County Mayor's office before relying on an unrestricted-use assumption³.
Only 4% of Clay County soils are rated without severe limitations for a conventional septic drain field⁵.
Floodplain development is managed locally, and Clay County's floodplain administrator and county-road driveway process could not be confirmed; ask the County Mayor's office to route both questions¹⁶.

Sources

17 official pages, each quoted and re-checked · written October 9, 2026

Written October 9, 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 Clay County means bringing your own water and power. The kit we’d start with:

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Compared with neighboring counties

Unlike 5 of its 6 neighbors, Clay County requires a building permit only in limited cases.

Rule	Clay County	Jackson County	Overton County	Pickett County	Putnam County	Macon County	Smith County
Building permit	Limited	Limited	Not required	Not required	Required	Required	Required
County zoning	No	No	No	Not published	No	Yes	Yes
Septic permits	TDEC	TDEC	TDEC	TDEC	TN TDEC	TDEC	TDEC

Answers from the rulebook for Clay County

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

Clay County rules

Building permitNot required
State Residential Building Code Enforcement Program permits for one- and two-family dwellings and townhouses in Clay County.
- Clay County is listed as OPT OUT of the state residential program.
- This claim does not establish whether a local or other governmental permit is required.
“Clay County | OPT OUT | Kyle Vari | kvari.inspections@gmail.com | 615-427-9586”
Residential Jurisdictions & Inspectors ↗Re-checked Sep 29, 2026
One more reviewed finding on this topic
- Limited — State residential building-permit program in Clay County.
  “Clay County | OPT OUT | Kyle Vari | kvari.inspections@gmail.com | 615-427-9586”
  Tennessee Fire Marshal's Office Residential Jurisdictions & Inspectors ↗Re-checked Sep 26, 2026
Owner-builder exemption · follows from the permit answerNot needed
Unincorporated Clay County: no county building permit is required, so there is no permit to be exempt from and you may build your own home. State licensing for electrical, plumbing and HVAC work may still apply.
- Clay County is listed as OPT OUT of the state residential program.
- This claim does not establish whether a local or other governmental permit is required.
“Clay County | OPT OUT | Kyle Vari | kvari.inspections@gmail.com | 615-427-9586”
Residential Jurisdictions & Inspectors ↗Re-checked Sep 29, 2026
Building code adoptedPartial
State residential building-code enforcement for one- and two-family dwellings and townhouses in Clay County.
- The State Residential Building Code Enforcement Program applies only in areas that have not received a local-code exemption and have not opted out.
- The official jurisdiction table lists Clay County as OPT OUT.
- The statewide program page states that Tennessee has adopted the 2018 International Residential Code and 2018 International Energy Conservation Code.
“The state has adopted the 2018 International Residential Code (IRC) and the 2018 International Energy Conservation Code (IECC).”
Residential Permits ↗Re-checked Sep 29, 2026
One more reviewed finding on this topic
- Not adopted (with conditions) — State residential building-code program for one- and two-family dwellings in Clay County.
  “Clay County | OPT OUT | Kyle Vari | kvari.inspections@gmail.com | 615-427-9586 [...] OPT OUT - The jurisdiction has passed a resolution opting out of the program”
  Tennessee Fire Marshal's Office Residential Jurisdictions & Inspectors ↗Re-checked Sep 26, 2026
Who permits septicState
Septic permitting and related services for Clay County through TDEC's Cookeville Environmental Field Office and Division of Water Resources.
- The Cookeville Environmental Field Office serves Clay County.
- No Clay County contract arrangement was identified in the official pages reviewed.
“Counties Served Cannon, Clay, Cumberland”
Cookeville Environmental Field Office ↗Re-checked Sep 30, 2026
County-wide zoningAbsent
The Clay County government lists no planning or zoning department among its offices, consistent with rural TN counties having no countywide zoning.
Clay County, Tennessee Government ↗From the county’s own site, awaiting a second reviewer

Tennessee rules that apply here

InspectionsLimited
One- and two-family dwellings and townhouses in areas of Tennessee where the State Fire Marshal's residential building code enforcement program applies (not areas with locally enforced codes under an exemption, and not opt-out jurisdictions).
- Program does not apply where the local government has received an exemption from the State Fire Marshal's Office by enforcing local building codes.
- Program does not apply where the city or county legislative body opted out by a 2/3 vote; in opt-out jurisdictions an owner may request a State Fire Marshal inspection (Tenn. Code Ann. 68-120-101(b)(1)(d)) and receive a certificate of occupancy if standards are met.
- The page lists inspections of the foundation before pouring, framing/rough-in and final; this record does not state a fixed minimum count, and whether any inspection may be waived was not located on the pages opened.
- A slab inspection is not required for garages or unfinished basements; an additional slab inspection fee applies if the slab under living space is not a monolithic pour.
- One free re-inspection per project if a required inspection is not passed the first time; additional re-inspections require a fee.
- Detached garages, sheds, barns and other detached structures not used for living purposes do not need a state residential building permit.
- Inspections are performed by state contracted inspectors and scheduled at core.tn.gov.
inspection stages: foundation before pouring; framing/rough-in; final (slab inspection not required for garages or unfinished basements; waiver rules not confirmed)
“inspections are performed of the foundation prior to pouring, the framing/rough-in construction and the final construction.”
Residential Permits - Tennessee State Fire Marshal's Office ↗Re-checked Nov 6, 2026
Certificate of occupancyLimited
Certificates of occupancy for one- and two-family dwellings in Tennessee opt-out or non-code jurisdictions when the State Fire Marshal's Office inspects the dwelling during construction.
- The owner or contractor may obtain a state building permit to request the inspection.
- The Certificate of Occupancy is released only if the dwelling is determined to meet statewide building construction safety standards.
- The source describes this process for opt-out or non-code jurisdictions and for new construction or additions to existing homes.
“determined to meet the statewide building construction safety standards, the State Fire Marshal’s Office will release a Certificate of Occupancy”
Statewide Building Construction Code Inspections in “Opt-Out” or “Non-Code” Jurisdictions ↗Re-checked Sep 12, 2026
Camping on your landLimited
Overnight camping on Tennessee Wildlife Resources Agency-controlled Wildlife Management Areas and related lands where overnight camping is allowed.
- Overnight camping may be permitted only in designated areas and by permission from the area manager, park ranger, lake manager, park superintendent, or national forest supervisor.
- Camping is subject to limitations prescribed in the permit if required.
- Camping may not exceed three weeks from the beginning to the end of the camping stay.
- Owner contact information or a TWRA ID number and date of arrival must be displayed on a camper, tent, vehicle, or similar item at all times.
- Where overnight camping is allowed, firearms and archery equipment must remain in camp except during legal hunting hours.
maximum camping stay: <= 3 weeks
“May be permitted in designated areas by permission from the area manager, park ranger, lake manager, park superintendent, or national forest supervisor. Such camping is subject to the limitations prescribed in the permit if required.”
Wildlife Management Areas in Tennessee ↗Re-checked Oct 1, 2026
One more reviewed finding on this topic
- Limited — Camping and use of trailers or other camper units in Tennessee state forests administered by the Tennessee Department of Agriculture, Division of Forestry.
  “Camping and the use of trailers or other camper units are allowed only at designated locations. The district forester will issue written permits to persons to camp in backcountry or other isolated sections of a forest area.”
  Forestry Rules and Regulations ↗Re-checked Oct 1, 2026
Tiny homesAllowed (with conditions)
Preassembled permanent tiny homes delivered to a homeowner as a completed unit, including a tiny home built off-site on a chassis or installed on a permanent foundation.
- The State Fire Marshal’s Office says its inspection program allows construction, inspection, and permanent consumer use of tiny homes and similar structures.
- The program inspection is described as similar to inspections of a site-built home and provides a decal reflecting compliance with adopted statewide building and electrical codes.
- State residential-code regulations apply to new construction; additions over 30 square feet have been covered since October 1, 2011.
- A state residential building permit is not zoning approval and does not authorize violation of a local ordinance; local zoning or other local requirements may independently control placement or occupancy.
- If a subsurface sewage system will serve the residence, a conventional septic-system permit is required for installation of a conventional system or approved substitute product; an alternative-system permit is required for installation of an alternative system.
- If a water well is drilled or a well pump or water-treatment device is installed, the work must be performed by a licensed person.
addition area triggering state residential-code regulation: > 30 square feet (Applies to additions beginning October 1, 2011.)
“The new tiny home inspection program was developed to allow for the construction, inspection and use of tiny homes and similar structures for permanent use by consumers.”
SFMO Program, Inspectors Help Ensure Tiny Homes Are Fire Safe ↗Re-checked Nov 4, 2026
Manufactured homesLimited
HUD-labeled manufactured homes installed in Tennessee under the state manufactured-housing program.
- Manufactured homes must be installed by licensed installers and have an installation decal applied after setup.
- A state residential building permit is not required merely to place a manufactured or modular home in the state program, but a Manufactured/Modular Site Work Permit is required for a custom addition, site-built deck, porch, or stoop next to the home.
- A state residential building permit is not zoning approval and does not authorize violation of a local ordinance; local zoning or other local requirements may independently control siting or occupancy.
- If a subsurface sewage system will serve the residence, state septic-system permitting applies.
“Ensure your application is approved and your license is active prior to installing any manufactured home in the state of Tennessee”
Residential Permit FAQs ↗Re-checked Nov 4, 2026
Septic permitRequired
Construction, installation, modification, or repair of residential, commercial, or industrial septic systems in Tennessee.
- A permit is required before construction, modification, or repair.
- A septic system permit should be obtained before starting dirt work or construction of any building, including the building pad.
- Repair permits have no permit fee.
- Alternative systems require an extra-high intensity soils map prepared by a Tennessee-licensed soils consultant.
- Contract counties may require an additional permit.
new conventional SSDS permit fee: 400 USD up to 1000 gallons per day design flow ($100 for each additional 1000 gpd flow) · new alternative SSDS permit fee: 500 USD up to 1000 gallons per day design flow ($150 for each additional 1000 gpd flow) · experimental SSDS permit fee: 500 USD · repair permit fee: 0 USD (Repair construction inspection fee is $100)
“A septic system permit is required for the construction, modification or repair of a septic system. This permit ensures that the septic system design complies with state regulations and safeguards your health by properly managing wastewater.”
Septic System Construction Permit ↗Re-checked Oct 5, 2026
2 more reviewed findings on this topic
- Required — Construction, modification, or repair of septic systems serving property in Clay County.
  “A Conventional Septic System Permit is required”
  Subsurface Sewage Disposal System Frequently Asked Questions ↗Re-checked Sep 30, 2026
- Limited — A proposed house or establishment requesting electrical service in Tennessee, including Clay County.
  “On July 1, 1994, T.C.A. 68-221-414 became effective. This bill requires that before the electrical inspector can process a request for electrical service, he/she must be provided with written notification that the proposed house or establishment is served by a public sewer system, or, that a septic system permit has been applied for, or, that an existing septic system will be used.”
  Online Application for Septic Related Services ↗Re-checked Sep 30, 2026
Septic inspectionRequired
Installation of subsurface sewage disposal systems in Tennessee.
- The installer must notify the Division when installation is complete.
- A final inspection is scheduled before the system is covered.
- TDEC inspects each SSDS installation for compliance with permit conditions and regulatory requirements.
- Inspection fees vary by system type: $100 for new conventional or large-diameter graveless pipe systems, $200 for alternative systems, and $100 for repair construction inspections.
new conventional construction inspection fee: 100 USD · alternative construction inspection fee: 200 USD · repair construction inspection fee: 100 USD
“The applicant or SSDS installer must notify the Division when a system has been installed so that it can be inspected and approved.”
Subsurface Sewage Disposal System (SSDS) Frequently Asked Questions ↗Re-checked Oct 5, 2026
One more reviewed finding on this topic
- Required — Final inspection of septic installations in Clay County.
  “final inspection before the system is covered”
  Subsurface Sewage Disposal System Frequently Asked Questions ↗Re-checked Sep 30, 2026
Off-grid sanitationLimited
Construction, modification, or repair of an on-site subsurface sewage disposal (septic) system, including systems serving residential, commercial, and industrial properties in Tennessee.
- A septic-system permit is required for construction, modification, or repair.
- An applicant planning a new system, or repair or modification of an existing system, must apply for a permit.
- A TDEC Environmental Scientist conducts a site evaluation and may request a detailed site plan or soils map from a private licensed soil consultant.
- If a permit is issued, the applicant provides it to a licensed installer; after installation, the installer contacts the local Environmental Scientist for a final inspection before the system is covered.
- A Certificate of Completion is issued if the installation is approved.
“A septic system permit is required for the construction, modification or repair of a septic system.”
Subsurface Sewage Disposal System (SSDS) Frequently Asked Questions ↗Re-checked Nov 4, 2026
One more reviewed finding on this topic
- Limited — A proposed house or establishment requesting electrical service in Tennessee, including Clay County.
  “On July 1, 1994, T.C.A. 68-221-414 became effective. This bill requires that before the electrical inspector can process a request for electrical service, he/she must be provided with written notification that the proposed house or establishment is served by a public sewer system, or, that a septic system permit has been applied for, or, that an existing septic system will be used.”
  Online Application for Septic Related Services ↗Re-checked Sep 30, 2026
Well permitRequired
Drilling a water well for production of water from underground sources in Tennessee.
- Before drilling, the property owner or licensed well driller must submit a Notice of Intent to the Director in the Department-prescribed manner.
- A driller must have documentation that the Notice of Intent was submitted to the Division of Water Resources before beginning operations at a drill site.
- The Notice of Intent fee or a receipt must accompany the driller's report; no well or borehole may be drilled unless the driller has documentation that a Notice of Intent has been filed.
- A Notice of Intent and fee are not required for well closure, deepening, or reworking of a water well or closed-loop geothermal borehole.
- The Notice of Intent fee requirement does not apply in a qualifying local jurisdiction authorized to regulate well location and construction that has a Commissioner-approved inspection fee.
- The Notice of Intent fee does not apply when the property owner filed a notice and paid the fee for the same property within the previous five years, provided the new notice identifies the first notice's identification number.
- A Notice of Intent expires 180 days after its original filing date.
Notice of Intent fee for water wells for production of water per property site: 75 USD (Not required for qualifying local jurisdictions or when the same property satisfies the five-year prior-notice exception.) · Notice of Intent expiration: 180 days
“A Notice of Intent to drill a water well must be submitted by the property owner or the licensed well driller to the Director in the manner prescribed by the Department, prior to commencement of drilling a water well in Tennessee.”
Tennessee Department of Environment and Conservation Rule 0400-45-09, Water Well Licensing Regulations and Well Construction Standards ↗Re-checked Nov 4, 2026
Mandatory utility hookupConditional
Connection of buildings to sanitary sewer systems where a qualifying Tennessee utility system has issued bonds payable for sewer services and the property abuts a street or public way containing a sanitary sewer.
- The property must abut a street or other public way containing a sanitary sewer.
- A building must exist on the lot or parcel for residential, commercial, or industrial use.
- The utility system may require connection and cessation of other sewage-disposal methods.
- For electrical service, written notification must show public sewer service, a septic permit application, or an existing septic system.
“Utility systems within the State of Tennessee that have issued bonds payable for sewer services are granted authority in TCA § 7-35-201 (1) to "require the owner tenant or occupant of each lot or parcel of land that abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect the building with the sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter."”
comptroller.tn.gov ↗Re-checked Oct 5, 2026
2 more reviewed findings on this topic
- Conditional — Electrical service requests for a proposed house or establishment in Clay County.
  “before the electrical inspector can process a request for electrical service”
  Online Application for Septic Related Services ↗Re-checked Sep 30, 2026
- Sewer (with conditions) — Residential, commercial, or industrial buildings on lots or parcels abutting a street or other public way containing a sanitary sewer, where the applicable Tennessee utility system has issued bonds payable for sewer services.
  “Utility systems within the State of Tennessee that have issued bonds payable for sewer services are granted authority in TCA § 7-35-201 (1) to "require the owner tenant or occupant of each lot or parcel of land that abuts upon a street or other public way containing a sanitary sewer and upon which lot or parcel a building exists for residential, commercial or industrial use, to connect the building with the sanitary sewer and to cease to use any other means for the disposal of sewage, sewage waste or other polluting matter."”
  Utility Customers Frequently Asked Questions ↗Re-checked Sep 12, 2026
Agricultural exemptionConditional
Buildings or structures on land used for agricultural purposes and subject to county zoning regulation in Tennessee.
- The building or structure must be located on lands devoted to agricultural uses.
- The building or structure must be incidental to the agricultural enterprise.
- The exemption does not apply to agricultural lands adjacent or in proximity to state or federal-aid highways, public airports, or public parks.
- The exemption does not apply to land located within the one-hundred-year flood plain.
- The Attorney General opinion states that the provision applies to counties only and has no application to municipalities.
- There is no blanket exemption for cotton gins, grain elevators, slaughterhouses, processing plants, or milk bottling plants; those structures qualify only when the statutory conditions are met.
“it must be located on lands “devoted to agricultural uses;” and (2) it must be “incidental to the agricultural enterprise.””
Exemption from County Zoning Regulation for Buildings on Land Used for Agriculture, Opinion No. 22-07 ↗Re-checked Sep 12, 2026
Shed and accessory-building permit exemptionAvailable (with conditions)
State residential building permits for detached garages, sheds, barns, and other detached structures that are not used for living purposes.
- This is an exemption from the state residential building permit, not an exemption from all state or local requirements.
- The State Residential Building Code Enforcement Program applies only in areas that have not received an SFMO exemption through local-code enforcement and have not opted out by a two-thirds vote of the city or county legislative body.
- The exemption stated by the Department is limited to detached structures not used for living purposes; the opened official page does not state an accessory-structure size threshold.
- The state residential building permit is not zoning approval and does not authorize violation of state law, regulation, or local ordinance.
“A state residential building permit is not required for detached garages, sheds, barns or other detached structures that are not used for living purposes.”
Residential Permits ↗Re-checked Nov 4, 2026
Subdividing landRegulated (with conditions)
Subdivision for immediate or future construction where a septic system is or will be used in Clay County.
- A survey and soils map must be submitted before TDEC performs the subdivision evaluation.
- The soils map must be created by a Tennessee-licensed soils consultant.
- A division into two or more tracts or parcels where all are at least 5 acres is excluded from TDEC's stated definition of subdivision.
acreage exclusion threshold: >= 5 acres (A subdivision does not include division into 2 or more tracts or parcels when all are 5 acres or larger.)
“A Subdivision Evaluation is required if you want to divide any tract or parcel of land into 2 or more lots, sites or other divisions for the purpose of immediate or future construction of houses, buildings, or other development where a septic system is or will be used.”
Online Application for Septic Related Services ↗Re-checked Sep 30, 2026
Driveway accessRequired
Driveway entrances within the right-of-way of a Tennessee state highway in Clay County.
- A permit is required before construction of a driveway on state highway right-of-way.
- The requirement also covers modification, revision, or change in use of existing driveway facilities.
- The permit is obtained from TDOT.
- TDOT may issue permits only when the application complies with the state driveway-entrance rules.
- TDOT may impose terms, conditions, and limitations necessary and convenient to meet those rules.
- The state standards, procedures, and requirements are in addition to any county or municipal land-use regulations that may govern driveways.
- The rules' administrative history states that new rules were effective March 27, 2016.
“Under state law, a permit is required before construction of a driveway on state highway right-of-way, including the modification, revision, or change in use of any existing driveway facilities. Property owners must obtain a permit from TDOT.”
Highway Entrance Permits ↗Re-checked Sep 24, 2026
3 more reviewed findings on this topic
- Required — Construction, modification, revision, or change in use of a driveway within the right-of-way of a Tennessee state highway in Clay County.
  “Under state law, a permit is required before construction of a driveway on state highway right-of-way, including the modification, revision, or change in use of any existing driveway facilities. Property owners must obtain a permit from TDOT.”
  Highway Entrance Permits ↗Re-checked Sep 29, 2026
- Required — Construction, modification, revision, or change in use of a driveway or related encroachment within state highway right-of-way in Clay County, including residential driveways and field entrances.
  “No person may construct a driveway or related encroachment on state highway right-of-way, including the modification, revision, or change in use of any existing driveway facilities, without first obtaining a state highway entrance permit.”
  Manual for Constructing Driveway Entrances on State Highways ↗Re-checked Oct 6, 2026
- Limited — Construction, modification, revision, or change in use of a driveway on Tennessee state highway right-of-way.
  “Under state law, a permit is required before construction of a driveway on state highway right-of-way, including the modification, revision, or change in use”
  Highway Entrance Permits ↗Re-checked Sep 12, 2026
Building in a floodplainLimited
Development in or near mapped floodplains throughout Tennessee, insofar as Tennessee's statewide floodplain-management guidance describes locally administered requirements.
- Floodplain development requirements are managed locally by the community where the property is located.
- Each NFIP-participating community has a local floodplain administrator who helps manage development in mapped flood hazard areas.
- If the property is inside city limits, contact the city floodplain administrator; if outside city limits, contact the county floodplain administrator.
- Local review may be required before development begins in a regulated floodplain.
- Requirements vary by community and are based on the local floodplain management ordinance and flood zones mapped in that community.
- Development activity that may require local review includes construction, repairs, substantial improvements, placement of fill, grading, excavation, manufactured homes, accessory structures, or other development activity.
- Floodplain management ordinances are adopted, administered, and enforced by the local community, not by TEMA.
local review before development in a regulated floodplain: may be required (Requirements vary by community and mapped flood zone.)
“Floodplain development requirements are managed locally. Each community that participates in the National Flood Insurance Program has a local floodplain administrator who helps manage development in mapped flood hazard areas. [...] If the property is inside city limits, contact the city floodplain administrator. If the property is outside city limits, contact the county floodplain administrator. [...] Local review may be required before development begins in a regulated floodplain. Requirements vary by community and are based on the local floodplain management ordinance and flood zones mapped in that community.”
Statewide Floodplain Administrator Directory ↗Re-checked Oct 5, 2026
One more reviewed finding on this topic
- Limited — Development in or near mapped floodplains in Tennessee communities participating in the National Flood Insurance Program, including the types of work identified by TEMA.
  “Development in or near a mapped floodplain may require local review before work begins.”
  Statewide Floodplain Administrator Directory ↗Re-checked Oct 6, 2026
Permit feesPublished (with conditions)
Tennessee State Residential Building Code Enforcement Program permit fees for one- and two-family dwellings and townhouses in jurisdictions participating in the state residential building program.
- The state program applies only in areas that have not received a local-code exemption and have not opted out by a two-thirds vote of the city or county legislative body.
- The published fee schedule is not applicable to Clay County because the official jurisdiction table lists Clay County as OPT OUT.
- For construction costs above the maximum listed in the schedule, an additional fee of $50.00 applies for each additional $50,000 or fraction thereof.
- The cost of construction cannot be less than $60.57 per heated square foot of construction.
- An HVAC and Plumbing Inspection is required for all new construction.
- A slab other than Monolith Pour Inspection is required when slab and footing are cast separately.
- One re-inspection per permit is free; a second or subsequent re-inspection costs $100 each.
permit fee for construction cost $0 to $5,000: 100 USD · permit fee for construction cost $5,001 to $100,000: 350 USD · permit fee for construction cost $100,001 to $150,000: 400 USD · additional fee for plumbing and HVAC inspection: 100 USD (Required for all new construction) · additional fee for slab other than monolith pour inspection: 100 USD (Required when slab and footing are cast separately) · additional fee above schedule maximum: per 50 USD per additional $50,000 or fraction thereof · second or subsequent re-inspection: 100 USD each (One re-inspection per permit is free)
“NOTE: For construction costs above the maximum listed in the table below there is an additional fee of $50.00 for each additional $50,000 or fraction thereof.”
Residential Building Permit Fees ↗Re-checked Oct 5, 2026
2 more reviewed findings on this topic
- Variable — TDEC septic-system permit fees for Clay County.
  “The cost of a Septic System Permit varies depending on the size and type of system that will be used. Application fees are outlined on the construction permit page.”
  Subsurface Sewage Disposal System Frequently Asked Questions ↗Re-checked Sep 30, 2026
- Published (with conditions) — Residential building permits administered by Tennessee's State Residential Building Code Enforcement Program for one- and two-family dwellings and townhouses where the state program applies.
  “$0 to $5,000 | $100 | $100 | $100 $5,001 to $100,000 | $350 | $100 | $100”
  Residential Building Permit Fees ↗Re-checked Sep 12, 2026
Permit processPublished (with conditions)
Residential permit purchase and inspection process under Tennessee's State Residential Building Code Enforcement Program.
- The state program applies to one- and two-family dwellings and townhouses only in areas without the stated local-code exemption or opt-out.
- A first-time CORE user must register for an account.
- A building permit must be purchased online or at a local Issue Agent.
- Inspections cover the foundation before pouring, framing/rough-in construction, and final construction.
- One free re-inspection is available; each additional re-inspection requires an additional fee.
- A homeowner may build a home only if it will be the homeowner's residence, not sold or leased, and the homeowner has not received a homeowner building permit during the preceding 24 months.
- Detached garages, sheds, barns, and other detached structures not used for living purposes do not require a state residential building permit.
- A permit is not required for installation of a manufactured or modular home, but custom site work such as a deck, patio, or stoop requires a permit.
effective date for permit requirement for additions over 30 square feet: 2011-10-01 (Applies to additions to existing homes.) · free re-inspections per project: 1 inspection (Available if a required inspection is not passed the first time.)
“A building permit must be purchased online or at a local Issue Agent. The cost of the building permit is based on the estimated cost”
Residential Permits ↗Re-checked Sep 12, 2026
One more reviewed finding on this topic
- Published — TDEC septic permit and related-service process for Clay County.
  “up to 45 days from receipt of a complete application”
  Subsurface Sewage Disposal System Frequently Asked Questions ↗Re-checked Sep 30, 2026
county zoning authorityGeneral
County legislative bodies adopting zoning regulations for portions of Tennessee counties outside municipal corporations.
- The authority is exercised under the conditions and procedures in Tennessee Code Annotated §§ 13-7-101 through 13-7-119.
- The grant applies to portions of counties outside municipal corporations.
- County zoning authority does not authorize county building permits or regulation of buildings or structures on agricultural land when the building or structure is incidental to the agricultural enterprise, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks.
- The agricultural-land limitation applies to counties only and has no application to municipalities.
“Under Tenn. Code Ann. § 13-7-101, et seq., the General Assembly has expressly delegated the authority to county legislative bodies to enact zoning regulations and create a board of zoning appeals.”
Tennessee Attorney General Opinion No. 10-108 ↗Re-checked Sep 21, 2026

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

Local zoning — Local zoning within Clay County, including incorporated municipalities and any other local authorities.
Zoning districts — Published zoning districts for Clay County.
Minimum dwelling size — Minimum dwelling size in unincorporated Clay County.
Minimum lot size — Minimum lot size in unincorporated Clay County.
Setbacks — Building setbacks in unincorporated Clay County.

5 more unanswered

Lot coverage
Building height
Living in an RV
Accessory dwellings
Short-term rentals

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 Clay County, Tennessee

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

Clay County scores 83/100 on the Bolthole Index, a strong county profile. Its strengths: manageable long-term carry cost and low administrative friction for a quiet rural property.

How much does land cost in Clay County, Tennessee?

Land in Clay County runs about $3,793 per acre, based on the latest county data.

What is the water situation in Clay County?

Clay County gets about 53.5" of rain a year, with severe drought in roughly 1.4% of years.

How remote is Clay County?

A representative private-land location has about 17,135 people within a 30-minute drive and 2,209,255 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

Building permits, zoning and land rules in Clay County, Tennessee