Bolthole Index

Phelps County, Missouri

Building permits, zoning and land rules in Phelps County, Missouri

79Index Score / 100
#10 of 115 in Missouri

Unincorporated Phelps County, Missouri does not require a county building permit for a home and has no county-administered zoning12. Phelps County does not issue certificates of occupancy, but county floodplain development requires a permit and a lowest floor at least 2 feet above Base Flood Elevation34. Missouri DHSS handles qualifying septic construction permits; inside Rolla, private sewage disposal also requires a city permit56.

At a glance

Building permit
Not required by the county for a home in unincorporated Phelps County1
County zoning
No county-administered zoning in unincorporated Phelps County; city rules are separate2
Septic permits
Missouri DHSS handles qualifying onsite systems after the county's permitting role ended5
Certificate of occupancy
Phelps County does not issue one3
RV or tiny-home living
County zoning does not restrict it on unincorporated land; septic and floodplain rules still apply7
Water wells
Public-system wells need written state approval; the ordinary private-well permit question is unconfirmed8
Floodplain development
County floodplain development needs a permit; lowest floor at least 2 feet above Base Flood Elevation4
Septic soils
Only 4.7% of soils lack severe limits for a conventional drain field9

Who to call

Septic permits

Missouri DHSS Onsite Wastewater Treatment Program

Construction permits for qualifying onsite wastewater systems in Phelps County

573-751-6095

onsiteprogram@health.mo.gov

PO Box 570, Jefferson City, MO 65102-0570

Online permits →

Health department

Phelps/Maries County Health Department

Complaints concerning wastewater systems and other unsafe or unsanitary conditions

(573) 458-6010

200 N Main Street, Rolla, MO 65401

Also useful

Phelps County Commission

County-level questions where no building or planning department is listed, plus subdivision and county floodplain matters

(573)-458-6121

200 N. Main St., Suite 105, Rolla, MO 65401

Roads & driveways

Phelps County Road Department

County road specifications, subdivision road design and utility access to county right-of-way

(573)-426-3864

roaddept@phelpscounty.org

Contact details are copied from each office’s official page and were checked against it on October 12, 2026.

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Do you need a building permit in Phelps County, Missouri?

An ordinary home in unincorporated Phelps County does not require a county building permit1. Phelps County does not issue certificates of occupancy or base assessments on zoning codes; that statement does not cover municipal certificates310. Inside Rolla and St. James, the cities require building permits for covered construction1112. Septic construction on unincorporated land goes through Missouri DHSS; Rolla also requires its Public Works Director to sign a private sewage permit where public sewer is unavailable56. Missouri exempts farm buildings from county fire-protection and fire-prevention permit rules, but that exemption does not erase septic or floodplain requirements13.

Who handles Phelps County building permits and land questions?

For unincorporated Phelps County building questions, start with the County Commission14. Direct county-level questions about a parcel, an unusual structure or the absence of a building permit to the Phelps County Commission at (573)-458-6121, 200 N. Main St., Suite 105, Rolla, MO 6540114. The Phelps County Road Department handles county road specifications, subdivision-road design and utility access to county right-of-way; reach it at (573)-426-3864 or roaddept@phelpscounty.org15. A driveway built or modified within Missouri Department of Transportation right-of-way requires a MoDOT permit, while that rule does not establish a permit requirement away from MoDOT right-of-way16. For land inside an incorporated municipality, contact that city because the county's no-zoning finding does not displace municipal rules17. We could not confirm county building inspections, owner-builder exemptions or a current building-permit fee schedule; ask the County Commission before relying on an exemption14.

Does Phelps County have zoning?

Unincorporated Phelps County has no county-administered planning and zoning2. No county zoning ordinance sets a minimum home size, minimum lot size, setback, lot-coverage limit or building-height limit on unincorporated land7. Rolla administers municipal zoning, and its building permits must comply with the city zoning chapter unless an authorized exception is approved1811. St. James administers its own zoning regulations19. Those city building and zoning rules do not replace wastewater review: Missouri DHSS handles qualifying onsite systems, and Rolla additionally requires a city private sewage permit56. County subdivision controls still require final-plat approval and engineered drainage plans for roads proposed for county maintenance20.

How do septic permits work in Phelps County?

Missouri DHSS handles qualifying onsite wastewater treatment systems in Phelps County after the local health department stopped issuing construction permits on October 1, 20245. A construction permit is generally required before installing or repairing most systems, including residential property under 3 acres and nonresidential systems regardless of property size; DHSS should confirm any residential exemption before work begins21. Contact the Missouri DHSS Onsite Wastewater Treatment Program at 573-751-6095 or onsiteprogram@health.mo.gov22. Only 4.7% of Phelps County soils lack severe limits for a conventional drain field, so arrange the site and soil work early rather than treating septic as a routine final step9. DNR, not DHSS, regulates non-single-family lagoons, surface-water discharges, industrial wastewater and larger-flow systems, and DNR approval applies when subdivisions, mobile-home parks or campgrounds plan to use onsite systems23. The Phelps/Maries County Health Department still accepts wastewater-system complaints at (573) 458-60102425.

Can you live in an RV or tiny home on your land in Phelps County?

On unincorporated land, Phelps County has no zoning ordinance restricting RV occupancy, tiny-home occupancy, manufactured-home occupancy, accessory dwellings or temporary camping7. An occupied dwelling still needs a lawful wastewater solution, and DHSS generally requires approval before installation or repair of most qualifying onsite systems26. Development in the county-administered floodplain also requires a floodplain development permit and a lowest floor at least 2 feet above Base Flood Elevation4. Inside Rolla or St. James, municipal zoning applies instead of the county's rural no-zoning status1827.

Building a home in Phelps County: the steps, in order

  1. Confirm whether the parcel lies in unincorporated Phelps County or inside a municipality, because Rolla and St. James have municipal zoning processes2827.
  1. Ask the County Commission to confirm the parcel's county jurisdiction and direct county floodplain questions to the appropriate office14.
  1. Check floodplain status before siting improvements: county floodplain development needs a permit, a lowest floor at least 2 feet above Base Flood Elevation, and a no-rise certificate before permitting regulatory-floodway work; MRPC coordinates county floodplain management and reviews applications4.
  1. Arrange septic evaluation early and obtain DHSS approval before work begins unless DHSS confirms an exemption29.
  1. Contact the Road Department about county-road access or subdivision-road work, and obtain a MoDOT permit for a driveway within state right-of-way1516.
  1. If dividing the tract, submit the final plat for county approval and follow the county's engineered drainage requirements for roads intended for county maintenance30.

What should you check before buying land in Phelps County?

Start with jurisdiction, legal access, floodplain status and septic feasibility rather than the absence of county zoning3145. Conventional septic is a serious due-diligence item because only 4.7% of county soils lack severe drain-field limitations9. Phelps County is 70.4% wooded, while 71.5% of its land has a slope of 15% or less, so field-check clearing, driveway grade and usable building area on the actual parcel3233. A public-water-system well needs written state approval before construction or alteration, but that rule does not establish a site-specific permit for an ordinary private well8. Missouri requires permitted contractors for regulated well work, so ask the Missouri DNR well program before drilling a private well34. MRPC reviews Phelps County floodplain permit applications; ask the County Commission how to route an application before beginning development4. The effective property-tax rate is about 0.6%, and the median annual property-tax bill is about $1,2483536.

Watch-outs

  • Older instructions naming the Phelps/Maries County Health Department as the septic permitting office are outdated; qualifying new onsite-system work now goes through Missouri DHSS5.
  • No county zoning does not mean no parcel review: floodplain development, onsite wastewater, state-highway access and subdivision requirements can still apply451620.
  • The farm-building exemption applies to county fire-protection and fire-prevention rules, not to septic, subdivision, floodplain or utility requirements37.

Sources

  1. State of Missouri Data Portal - County Building Codes for Missouri (2026 county census)
  2. Phelps County Commission Record — June 18, 2019, quoted and re-checked
  3. Frequently Asked Questions - Phelps County, quoted and re-checked
  4. Visitors - Phelps County, quoted and re-checked
  5. Phelps/Maries County Health Department OWTS permitting transition press release, quoted and re-checked
  6. Rolla: Article IV: Private Sewage Disposal - City of Rolla, MO (Phelps County), quoted and re-checked
  7. Missouri law on county zoning and building authority
  8. Who Regulates Water Wells in Missouri? - PUB4001, quoted and re-checked
  9. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  10. phelpscounty.org, quoted and re-checked
  11. Rolla: Division 5: Processes - City of Rolla, MO (Phelps County), quoted and re-checked
  12. St. James: Chapter 500 Building Regulations - City of St. James, MO (Phelps County), quoted and re-checked
  13. Missouri Revised Statutes Section 64.003, quoted and re-checked
  14. Phelps County Commission (phelpscounty.org)
  15. Phelps County Road Department (phelpscounty.org)
  16. Permits | Missouri Department of Transportation (Missouri statewide rule), quoted and re-checked
  17. Phelps County Commission Record — October 2017, quoted and re-checked
  18. Planning & Zoning - City of Rolla, quoted and re-checked
  19. St. James: Table of Contents - City of St. James, MO (Phelps County), quoted and re-checked
  20. Phelps County Commission Record, June 2024, quoted and re-checked
  21. Phelps/Maries County Health Department OWTS permitting transition press release, quoted and re-checked
  22. Missouri DHSS Onsite Wastewater Treatment Program (health.mo.gov)
  23. Phelps/Maries County Health Department OWTS transition notice, quoted and re-checked
  24. Phelps/Maries County Health Department (phelpscountyhealth.com)
  25. Phelps/Maries County Health Department OWTS permitting transition press release, quoted and re-checked
  26. Onsite Wastewater Treatment (Missouri statewide rule), quoted and re-checked
  27. City of St. James Change of Zoning Application, quoted and re-checked
  28. Phelps County Commission Record — October 2017, quoted and re-checked
  29. Phelps/Maries County Health Department OWTS transition notice, quoted and re-checked
  30. Phelps County Commission Record, June 2024, quoted and re-checked
  31. Phelps County Commission Record — July 9, 2024, quoted and re-checked
  32. Wooded share of land: Bolthole Index county data
  33. Share of land at 15% slope or less: Bolthole Index county data
  34. Well and Pump Installation Contractor Permitting (Missouri statewide rule), quoted and re-checked
  35. Effective property tax rate: Bolthole Index county data
  36. Median property tax bill: Bolthole Index county data
  37. RSMo Section 64.003, quoted and re-checked

Written October 12, 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.

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Compared with neighboring counties

Like all 5 of the neighbors with published rules, Phelps County has no countywide zoning.

RulePhelps CountyMaries CountyDent CountyPulaski CountyCrawford CountyGasconade CountyOsage County
Building permitNot requiredNot requiredNot requiredNot requiredNot requiredLimitedLimited
County zoningNoNoNoNot publishedNoNoNo
Septic permitsDHSSDHSSDHSSDHSSCounty Health Dept.DHSSDHSS

County locator

Phelps County in Missouri

79
County map
Phelps County highlighted among the Missouri counties · colored by Index score

How Phelps County scores

Seclusion69100% ev.
Self-Sufficiency58100% ev.
Admin Boringness8990% ev.
Durability63100% ev.
Property Autonomy47100% ev.
Carry Cost81100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$237kTypical home
0.6%Property tax
$3,912Land / acre
44.2"Annual rain
4.8% of yrsSevere drought
12.7 / yr (+10.6)Mid-century 100°F days
16.7 daysMid-century dry spell
1.93" (+5.6%)Mid-century 1-day rain
1.81×Wildfire change factor
100%Forward climate coverage
$1,869Home insurance / yr
2.2% / yrInsurance growth
1.08%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
11,862People within 30 min
1,856,159People within 2 hr
46,931Radius comparison (15 mi)
67.4People / sq mi
15.1%Federal land
71.5%Land at 15% slope or less
4.7%Soils rated "not limited" for septic (strict USDA rating)
20,096 acWorkable land screen
70.4%Wooded land
41 tonsBiomass / forest ac
55.8°FAvg temp

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Cities and towns in Phelps County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Not yet researched: Doolittle · Edgar Springs · Newburg

Answers from the rulebook for Phelps County

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

Phelps County rules

  • Certificate of occupancyNot required

    Certificates of occupancy issued by Phelps County.

    • The county statement does not address certificates issued by incorporated municipalities or other authorities.
    “Phelps County does not issue these or base assessments on zoning codes.”
    One more reviewed finding on this topic
  • County-wide zoningAbsent

    County-level planning and zoning authority in Phelps County.

    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
    One more reviewed finding on this topic
    • Absent — County zoning and planning regulation in the unincorporated parts of Phelps County, Missouri.
      “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances.”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across Phelps County: the county has no planning and zoning in its unincorporated parts, while incorporated Rolla administers subdivision and rezoning approvals through its Planning & Zoning Commission and City Council.

    • The county-level no-zoning statement is limited to unincorporated parts of Phelps County.
    • Rolla-specific requirements apply within the City of Rolla and are administered by the city.
    • Other incorporated municipalities in Phelps County were not independently cataloged in this claim.
    “All requests for subdivision or rezoning require approval of both the Planning & Zoning Commission and the City Council.”
    One more reviewed finding on this topic
    • Absent — County planning and zoning regulations in unincorporated areas of Phelps County.
      “Presiding Commissioner Verkamp informed him that there are no planning and zoning regulations in the unincorporated areas of Phelps County.”
  • Zoning districts · by state lawNot published

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Minimum dwelling size · by state lawNone

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Minimum lot size · by state lawNone

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Setbacks · by state lawNone

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Lot coverage · by state lawNone

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Building height · by state lawNone

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Living in an RV · by state lawUnrestricted

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Camping on your land · by state lawUnrestricted

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Tiny homes · by state lawUnrestricted

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Manufactured homes · by state lawUnrestricted

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Accessory dwellings · by state lawUnrestricted

    Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities.
    “Commission reviewed the updated letter stating Phelps County does not have any planning and zoning ordinances. Commissioner Hicks moved to approve the letter, Commissioner Stites seconded, motion carried.”
  • Septic inspectionLimited

    Complaint-based investigation of onsite sewage systems in Phelps County by the Phelps/Maries County Health Department.

    • The identified role is limited to communicable-disease investigations or complaints from an aggrieved party or adjacent landowner.
    • If a nuisance exists, the property owner must comply with state standards when repairing or replacing the onsite sewage disposal system.
    “will remain the agent in charge of investigating sewage complaints”
  • Subdividing landRegulated (with conditions)

    Subdivision plats and subdivision roads in unincorporated Phelps County, particularly development seeking County review, approval, recording, or acceptance of roads into the County maintenance program.

    • Final plats require County review and approval before recording.
    • The Final Plat should be submitted twenty (20) days before the County Commissioners meeting for County staff review.
    • The Final Plat must be in substantial conformance with the approved Preliminary Plat.
    • For subdivision roads proposed for County maintenance, a registered professional engineer must design the storm-water drainage plan.
    • The drainage system must accommodate the 10-year design storm and pass the 100-year design storm without damage; if subdivision runoff adversely impacts County drainage, retention or County drainage-system replacement may be required at the developers' expense.
    • Storm-water facilities within subdivision lots and common areas are maintained by the property owner or subdivision trustees and must be separate and independent of the sanitary sewer system.

    final-plat submission lead time: 20 days before County Commissioners meeting · storm-water design storm: 10 year · storm-water no-damage design storm: 100 year

    “Prior to acceptance of any subdivision roads for County maintenance, a storm water drainage plan for all subdivision runoff will be designed by a registered professional engineer. The storm water conveyance system shall be designed to accommodate flows from a 10-year design storm using the methods identified in Project Development Manual, latest edition published by the Missouri Department of Transportation.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision development and subdivision roads in unincorporated Phelps County
      “Prior to acceptance of any subdivision roads for County maintenance, a storm water drainage plan for all subdivision runoff will be designed by a registered professional engineer.”
  • Building in a floodplainRequired

    Development in the Phelps County-administered floodplain, including construction or other development subject to the County floodplain ordinance.

    • A floodplain development permit is required before development proceeds in the floodplain.
    • The lowest floor must be elevated at least two feet above Base Flood Elevation (BFE).
    • For proposed development in the regulatory floodway, an Engineering No-Rise Certificate must be obtained by the community before the floodplain development permit may be issued.
    • Meramec Regional Planning Commission (MRPC) coordinates floodplain management and reviews floodplain permit applications for Phelps County.
    • The February 2020 County Commission record states that noncompliance may constitute a misdemeanor and, after conviction, may result in a $500.00 fine for every day in violation.

    lowest-floor elevation above Base Flood Elevation: >= 2 feet · regulatory-floodway no-rise certificate: required before floodplain development permit issuance · noncompliance penalty after conviction: per 500 USD per day (The County record states this penalty in connection with the cited permitting and elevation requirements.)

    “Regardless, some type of permit MUST be issued for ALL development in the floodplain. An Engineering “No-Rise” Certificate is required for all proposed development in the regulatory floodway, and must be obtained by the community before the floodplain development permit may be issued.”
  • Building permitNot required

    The State of Missouri county building-code dataset lists Phelps County (FIPS 161) with no adopted energy, residential, or commercial building code; the county has no building/planning department, consistent with Missouri non-charter counties being unable to require residential building permits in unincorporated areas. Corroborated by the state County Building Codes dataset (data.mo.gov iq7s-izvt, 2021): no county residential building code adopted.

    State of Missouri Data Portal - County Building Codes for Missouri ↗Scouted from the county site, not yet independently re-checked

Missouri rules that apply here

  • Building code adoptedPartial

    Missouri statewide legal framework for building-code adoption by counties and other communities; the statutes authorize local adoption rather than establishing one uniformly adopted statewide building code.

    • County authority under RSMo 64.170 applies to counties of the first and second classification.
    • A county that had not adopted a building code before August 28, 2001 must obtain voter approval before adopting under RSMo 64.170 to 64.200.
    • The adoption vote is limited to voters in the affected area; a code affecting a county is not voted on by citizens of incorporated territory.
    • A county adopting under RSMo 64.180 must use a current nationally recognized building code edition from calendar year 1999 or later, as amended.
    • A county building ordinance may not conflict with liquefied petroleum gas installation requirements governed by RSMo 323.020.
    • A community may incorporate a code by reference only if it otherwise has legal power to adopt the ordinance.
    • A code incorporated by reference must be filed with the community clerk and available for public inspection for 90 days before adoption.
    • An ordinance adopting a code by reference must state the penalty separately rather than incorporate the penalty by reference.
    • RSMo 67.280 defines community to include any county, fire protection district, or municipality, and municipality to include an incorporated city, town, or village.
    “Because fire and building codes are adopted at the local level in Missouri”
    2 more reviewed findings on this topic
  • Who permits septicMixed (with conditions)

    Onsite wastewater treatment systems statewide in Missouri.

    • DHSS administers minimum standards and permits through DHSS, local contract authorities, or local authorities operating under ordinance.
    • County or city governments may adopt standards stricter than the state standard.
    • DNR regulates lagoons serving anything other than single-family residences, systems discharging to surface waters, systems treating flows greater than 3,000 gallons per day and dispersing through soil absorption systems, and industrial wastewater systems.
    • DNR approval is required for subdivisions, mobile home parks, and campgrounds when OWTS use is planned.

    domestic wastewater flow threshold: <= 3000 gallons per day (DNR regulates systems with flows greater than 3,000 gallons per day when wastewater is dispersed through soil treatment or absorption systems)

    “DHSS OWTS permitting falls under one of three authority types: DHSS Onsite Program, Local Authority (contract), or Local Authority via Ordinance. The application process varies by permitting authority.”
    2 more reviewed findings on this topic
    • State (with conditions) — OWTS construction-permit applications in Phelps County received on or after October 1, 2024, for areas not on a public system.
      “will fall under the jurisdiction of DHSS.”
    • Mixed — Missouri wastewater treatment systems, including domestic onsite systems, larger-flow systems, direct discharges, lagoons, subdivisions, and industrial wastewater.
      “In Missouri, different state and local agencies are responsible for regulating wastewater treatment systems.”
  • Septic permitRequired

    Installing or repairing most onsite wastewater treatment systems in Missouri, including residential systems subject to state permitting.

    • A construction permit is required before installing or repairing most OWTS.
    • Some single-family residential lots may be exempt.
    • For residential property less than three acres, a permit is required; the exemption does not apply in some counties, so the county authority must be checked.
    • Work should not begin until a permit is issued or an exemption is confirmed.
    • Effective August 28, 2026, application fees for onsite sewage disposal system construction, modifications, and repairs are temporarily suspended.

    residential lot threshold: < 3 acres (The exemption does not apply in some counties.) · temporary permit-fee suspension effective date: 2026-08-28 (Applies to application fees associated with onsite sewage disposal system construction, modifications, and repairs.)

    “A construction permit is required before installing or repairing most onsite wastewater treatment systems (OWTS). Some single family residential lots may be exempt from permitting.”
    3 more reviewed findings on this topic
    • Required — Installation or repair of most onsite wastewater treatment systems in Phelps County after the October 1, 2024 transition to DHSS permitting.
      “A construction permit is required to install or repair an onsite system on any residential property less than three acres.”
    • Required — Installing or repairing most onsite wastewater treatment systems statewide in Missouri.
      “A construction permit is required before installing or repairing most onsite wastewater treatment systems (OWTS). Some single family residential lots may be exempt from permitting.”
    • Required — Proposed campgrounds, mobile home parks, and subdivisions planning to use onsite wastewater treatment systems anywhere in Missouri.
      “DNR must approve subdivisions, mobile home parks and campgrounds if the use of OWTS is planned.”
  • Off-grid sanitationLimited

    Off-grid onsite wastewater treatment systems in Phelps County that fall within Missouri DHSS jurisdiction, after Phelps County ceased issuing OWTS construction permits on October 1, 2024.

    • A construction permit is generally required before installing or repairing most OWTS.
    • Certain residential properties may be exempt from state permitting requirements.
    • DHSS regulations cover single-family residential systems, including lagoons.
    • DHSS regulations cover onsite or cluster systems treating domestic wastewater flows of 3,000 gallons per day or less and dispersing wastewater through soil treatment or absorption systems.
    • Work should not begin until a permit has been issued or an exemption to permitting has been confirmed by the appropriate permitting authority.
    • Application fees for on-site sewage disposal system construction, modifications, and repairs are temporarily suspended effective August 28, 2026.
    • Any person installing on-site sewage disposal systems must be registered with DHSS.
    • Phelps County's prior local OWTS ordinance was repealed effective October 1, 2024; active, complete local applications in place the day before that date remained under the local health department, while applications received on or after that date fall under DHSS.
    • State sanitary-disposal requirements remain applicable, including requirements preventing contamination of surface water or groundwater and nuisances or health hazards.

    maximum domestic wastewater flow: <= 3000 gallons per day (Systems above this threshold that disperse through soil treatment or absorption are regulated by DNR.) · local-to-state permit transition date in Phelps County: 2024-10-01 (Active, complete applications in place on 2024-09-30 remained under the Phelps/Maries County Health Department.) · application fee suspension effective date: 2026-08-28 (DHSS states the suspension is temporary pending new standards.)

    “The Phelps/Maries County Health Department will no longer be issuing on-site wastewater treatment system (OWTS) construction permits beginning October 1, 2024 in Phelps County and October 16, 2024 in Maries County. [...] Generally, a permit must be obtained before starting construction or repair work. However, certain residential properties may be exempt from state permitting requirements.”
    3 more reviewed findings on this topic
    • Limited — Off-grid wastewater systems in Phelps County that fall within Missouri Department of Natural Resources jurisdiction.
      “The Missouri Department of Natural Resources’ jurisdiction and responsibilities include: [...] All wastewater treatment systems with direct point source discharges and all surface land application systems regardless of maximum daily flows or type of waste treated. [...] All lagoons (earthen basins), other than an individual single family residence lagoon, regardless of maximum daily flows or type of waste treated. [...] Any facility that has a maximum daily flow of domestic wastewater greater than 3,000 gpd. [...] All wastewater not defined as domestic wastewater, such as stormwater and wastewater generated from nonresidential sources such as wineries, slaughterhouses, dog kennels and industrial manufacturing.”
    • Limited — Off-grid domestic wastewater treatment using onsite wastewater treatment systems where central sewer service is unavailable.
      “Onsite wastewater treatment systems are sometimes referred to as "septic systems." These systems treat and dispose of domestic sewage on the property where it is generated.”
    • Allowed (with conditions) — Use of onsite wastewater treatment systems as off-grid sanitation where central sewer service is unavailable in Missouri.
      “In Missouri, where central sewer service is not available, homeowners and small business owners use various types of onsite wastewater treatment systems (OWTS).”
  • Well permitLimited

    Construction or alteration of a public well serving a Missouri public water system.

    • Public water systems must receive written approval from the Missouri Department of Natural Resources Public Drinking Water Branch before constructing or altering a public well.
    • The requirement does not apply when the system meets the charitable-and-benevolent-organization exemptions in section 640.116, RSMo.
    • Anyone proposing to install a public well must contact the department’s regional office for a well-site survey.
    • The survey addresses minimum isolation or setback distances from known or potential contaminant sources, including septic tanks, sanitary sewer lines, and landfills.
    • Before applying for construction authorization, the public water system must obtain an estimated casing-depth letter from the Missouri Geological Survey Water Resources Center.
    • There is no fee for the well-site-survey and estimated-casing-depth-letter services.
    • Failure to obtain construction authorization may result in approval delays and possibly require the owner to properly plug the well and drill a new one according to 10 CSR 60-3.

    public water system threshold: at least 15 service connections or regularly serves an average of at least 25 individuals daily, at least 60 days per calendar year

    “Public water systems must receive written approval from the PDWB before constructing or altering a public well”
    3 more reviewed findings on this topic
    • Limited — Public water-system wells in Missouri, including those in Phelps County.
      “must receive written approval from the PDWB before constructing or altering a public well”
    • Required — A person or contractor conducting regulated work to drill, construct, repair, reconstruct, plug, or install pumps or pumping equipment in a water well, heat-pump well, monitoring well, or related well in Missouri.
      “A non-restricted permit is required to drill, construct, repair, reconstruct, plug, or install pumps or pumping equipment in a well.”
    • Limited — Construction or repair of water wells, installation or replacement of pumps, and associated plumbing and electrical work in Missouri.
      “A non-restricted water well installation permit is required to construct or repair a water well in Missouri.”
  • Agricultural exemptionAvailable (with conditions)

    Farm buildings and farm structures used for agricultural purposes under the county building and land-use restriction provisions of RSMo sections 64.800 to 64.905.

    • The exemption does not apply within incorporated portions of counties.
    • The exemption applies to raising crops, livestock, orchards, or forestry and to specified rice-farming or flood-irrigation impoundments.
    • For farm buildings or farm structures, the area must not be within the area shown on the flood hazard area map.
    • The statute preserves the validity of county ordinances or orders adopted before March 4, 1991.
    • Other laws and local requirements may still apply.

    rice-farming or flood-irrigation berm height: <= 18 inches (small berms placed around a field to hold water for growing rice or flood irrigation)

    “This section shall not apply to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures used for such purposes in an area not within the area shown on the flood hazard area map.”
    6 more reviewed findings on this topic
    • Available (with conditions) — Farm buildings and farm structures in Phelps County, to the extent a county fire-protection or fire-prevention ordinance would otherwise impose regulations or require permits
      “Farm buildings and farm structures, limitation on certain fire protection or fire prevention ordinances. — Notwithstanding any provision of law to the contrary, no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits with respect to the erection, maintenance, repair, alteration, or extension of farm buildings or farm structures.”
    • Available — Erection, maintenance, repair, alteration, or extension of farm buildings or farm structures in Missouri, including Phelps County.
      “Notwithstanding any provision of law to the contrary, no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits with respect to the erection, maintenance, repair, alteration, or extension of farm buildings or farm structures.”
    • Available (with conditions) — Erection, maintenance, repair, alteration, or extension of farm buildings or farm structures as against county fire-protection or fire-prevention ordinances.
      “Notwithstanding any provision of law to the contrary, no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits with respect to the erection, maintenance, repair, alteration, or extension of farm buildings or farm structures.”
    • Available (with conditions) — Erection, maintenance, repair, alteration, or extension of farm buildings or farm structures used for agricultural purposes under RSMo section 64.890, outside incorporated portions of counties and outside areas shown on flood hazard area maps.
      “This section shall not apply to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures used for such purposes [...]”
    • Available (with conditions) — Farm buildings and farm structures statewide, with respect to county fire-protection and fire-prevention ordinances.
      “no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits [...]”
    • Available — Erection, maintenance, repair, alteration, or extension of farm buildings or farm structures with respect to county fire-protection or fire-prevention ordinances.
      “Notwithstanding any provision of law to the contrary, no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits with respect to the erection, maintenance, repair, alteration, or extension of farm buildings or farm structures.”
  • Driveway accessRequired

    Construction or modification of driveways within MoDOT right-of-way statewide.

    • A permit is required for construction of driveways and modifications to existing driveways on MoDOT right-of-way.
    • An initial online request must be submitted for each planned listed activity.
    • Engineered plans, traffic studies, hydraulic analysis, traffic-control plans, surety deposits, or performance bonds may be required depending on the work.
    • The rule does not establish a permit requirement for driveways outside MoDOT right-of-way.
    “We require you to obtain a permit to work on MoDOT's Right of Way for: Construction of driveways”
  • Permit feesPublished (with conditions)

    Missouri Department of Natural Resources air construction permits statewide.

    • Fees apply to air construction permits, not to every Missouri building or land-use permit.
    • Construction permit fees include a filing fee and an hourly processing fee.
    • The filing fee depends on the type of construction permit.
    • The listed fees are effective January 1, 2026.
    • Fees applicable until December 31, 2025 are available on the Air Construction Permit Fees white sheet.
    • A convenience fee is charged for electronic payment.

    portable source relocation filing fee: 300 USD · minor permit filing fee: 300 USD · minor permit processing fee: per 100 USD (hour) · general permit filing fee: 700 USD · new source review filing fee: 6000 USD (plus $100 per hour processing fee) · prevention of significant deterioration filing fee: 6000 USD (plus $100 per hour processing fee) · hazardous air pollutant filing fee: 6000 USD (plus $100 per hour processing fee) · temporary or pilot filing fee: 250 USD (plus $100 per hour processing fee)

    “Construction permit fees include a filing fee and an hourly processing fee. The filing fee is dependent on the type of construction permit.”
    One more reviewed finding on this topic
    • Published (with conditions) — Missouri onsite wastewater treatment system construction, modification, and repair application fees administered under the statewide DHSS OWTS program.
      “Effective August 28, 2026, [...] the application fees associated with on-site sewage disposal system construction, modifications, and repairs will be temporarily suspended.”
  • Permit processPublished (with conditions)

    Installation or repair of most onsite wastewater treatment systems in Missouri.

    • Some single-family residential lots may be exempt from permitting.
    • The applicant must determine which agency has permitting authority where the work is being done.
    • DHSS permitting may be administered by the DHSS Onsite Program, a local authority under contract, or a local authority via ordinance.
    • Work should not begin until a permit has been issued or an exemption has been confirmed.
    • DHSS regulates single-family residential systems and onsite or cluster systems treating domestic wastewater flows of 3,000 gallons per day or less that disperse wastewater through soil treatment or absorption systems.
    • DNR regulates other systems, including non-single-family lagoons, systems discharging to surface waters, systems over 3,000 gallons per day, and industrial wastewater systems.
    • DNR must approve subdivisions, mobile home parks, and campgrounds if OWTS use is planned.

    domestic wastewater flow threshold: <= 3000 gallons per day (Systems above this threshold are regulated by DNR when they disperse wastewater through soil treatment or absorption systems.)

    “A construction permit is required before installing or repairing most onsite wastewater treatment systems (OWTS). Some single family residential lots may be exempt from permitting.”
    One more reviewed finding on this topic
    • Published (with conditions) — Permit applications for work on Missouri Department of Transportation right-of-way statewide.
      “Contact the Traffic Specialist a minimum of 48 hours prior to beginning work and for all necessary inspections.”
  • county zoning authorityLimited

    Missouri county zoning authority over unincorporated land.

    • RSMo § 64.850 applies to counties of the first class without a charter and counties of the second, third, or fourth class.
    • RSMo § 64.620 applies to counties of the second or third class to which §§ 64.510–64.690 apply.
    • Adoption under §§ 64.510–64.690 requires approval by vote of the people under § 64.530.
    • The authority applies in unincorporated portions and not incorporated portions.
    • The regulations must be in accordance with a comprehensive plan.
    • Under § 64.090, the zoning power does not apply to raising crops, livestock, orchards, or forestry; seasonal or temporary rice-farming or flood-irrigation impoundments; specified farm structures outside mapped flood-hazard areas; or underground mining entered through shafts outside mapped flood-hazard areas.
    • Existing lawful uses and specified public-utility services are protected under the cited statutory schemes.
    “the county commission of any county of the first class not having a charter form of government, or of any county of the second, third or fourth class may, after approval by vote of the people as provided in section 64.845, regulate and restrict, by order of record, in the unincorporated portions of the county, the height, number of stories, and size of buildings, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence or other purposes.”
    2 more reviewed findings on this topic
  • county building authorityLimited

    County authority to regulate residential construction and issue building permits in unincorporated areas of Missouri.

    • The authority under sections 64.170 to 64.200 applies to counties of the first and second classification.
    • A county that had not adopted a building code before August 28, 2001, must obtain voter approval before adopting one under those sections.
    • Only voters in the area affected by the proposed code may vote; incorporated-territory citizens cannot vote on a code affecting a county.
    • The county commission must hold at least three public hearings and provide the statutory newspaper publication and county posting notices before adoption.
    • Regulations adopted under section 64.180 apply to unincorporated territory, except as otherwise provided.
    • Adopted or amended codes after August 28, 2001, must use a current, calendar year 1999 or later edition of a nationally recognized building code, as amended.
    • A county building ordinance may not conflict with liquefied petroleum gas installations governed by section 323.020.

    public hearings before adoption: >= 3 hearings minimum (Section 64.180(3)) · newspaper notice: >= 15 days (Notice of hearing time and place must be published in at least two newspapers having general circulation within the county) · posted notice: >= 15 days (Notice must be posted in four conspicuous places in the county) · minimum nationally recognized building-code edition: >= calendar year 1999 edition year (Applies after August 28, 2001, under section 64.180)

    “The regulations adopted shall be applicable to the unincorporated territory of the county, except as otherwise provided herein”
    2 more reviewed findings on this topic
    • Limited — County regulation of construction and issuance of building permits for buildings, including residential construction, in Missouri counties, with the practical focus on county-controlled areas outside incorporated territory.
      “the county commission in all counties of the first and second classification [...] is for this purpose empowered [...] to adopt [...] regulations to control the construction”
    • Limited — Missouri counties' authority to require permits and regulate residential construction in unincorporated areas.
      “Before the adoption of such code of regulations, the county commission shall hold at least three public hearings thereon”

Inside cities and towns in Phelps County

Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.

  • Local zoningPresent (with conditions)

    Zoning and rezoning within the City of St. James, Phelps County, Missouri.

    • The city application identifies existing zoning districts R-1, R-2S, B-1, B-2, I-1, and I-2.
    • The application states that all property owners within 185 feet must be notified.
    • A $185 advertising and postage payment is required; PUD applications may require a $1,500 deposit or a non-refundable $350 review fee under the simplified procedure.
    • Approval of a change of zoning does not authorize development without review and approval of development plans and specifications or, in some instances, a subdivision plat.

    neighbor notification distance: 185 feet · advertising and postage payment: 185 USD · PUD deposit: 1500 USD (If not fully used, the remaining amount will be refunded.) · simplified PUD review fee: 350 USD (Non-refundable fee in lieu of the $1,500 deposit.)

    “It is understood, that all property owners within 185 feet of the property to be rezoned must be notified of this application. Attached is a check, made payable to the City of St. James, for advertising and postage in the amount of $185.00, and where applicable, any fees for PUD approval.”
    One more reviewed finding on this topic
    • Present (with conditions) — Zoning and rezoning within the City of Rolla, Phelps County, Missouri.
      “Link to Chapter 42 (Planning and Zoning) [...] Zoning Map [...] LAMA portal for online applications for rezoning, subdivisions, variances, etc.”

Still unanswered

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

  • Owner-builder exemption — Owner-builder exemptions from building-permit, inspection, or related construction requirements in unincorporated Phelps County.
  • Inspections — Building inspections for construction in unincorporated Phelps County.
  • Mandatory utility hookup — Water or sewer connection requirements for property in Phelps County.
  • Short-term rentals — Short-term rental use in Phelps County.

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 Phelps County, Missouri

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

Phelps County scores 79/100 on the Bolthole Index, a strong county profile. Its strengths: low administrative friction for a quiet rural property and manageable long-term carry cost.

Do you need a building permit in Phelps County, Missouri?

Phelps County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Missouri Department of Health and Senior Services (DHSS) - Onsite Wastewater Treatment Program. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

Can you live in an RV or tiny home on your land in Phelps County?

Living in an RV on your own land in Phelps County is allowed: Unincorporated Phelps County: no county rule sets this, because Phelps County's own reviewed answer confirms it has no county-wide zoning ordinance. Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits. This finding concerns county authority and does not determine zoning rules adopted by incorporated municipalities. A tiny home is allowed. Confirm with the county before relying on it.

How much does land cost in Phelps County, Missouri?

Land in Phelps County runs about $3,912 per acre, based on the latest county data.

What is the water situation in Phelps County?

Phelps County gets about 44.2" of rain a year, with severe drought in roughly 4.8% of years.

How remote is Phelps County?

A representative private-land location has about 11,862 people within a 30-minute drive and 1,856,159 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.

How Phelps compares in Missouri

Compare side-by-side →See all 115 Missouri counties ranked →