Building permits, zoning and land rules in Benson County, North Dakota
56Index Score / 100 #11 of 53 in North Dakota
Benson County, North Dakota requires county zoning permits for regulated development, and the Zoning Administrator issues those permits and inspects buildings under the zoning ordinance12. A separate residential building-code permit program could not be confirmed2. Lake Region District Health Unit permits new and repaired onsite sewage systems34.
At a glance
Building permit
County zoning permits cover regulated development; subdivided lots also have an accepted-street condition15
Zoning
Countywide, with Agricultural and Industrial/Manufacturing districts67
Zoning fee
$200 for private individuals; published categories set higher fees for other applicants and projects8
Septic permits
Required through Lake Region District Health Unit for new systems and repairs34
RV living
Seasonal, not year-round, in R-3 campground subdivisions; no more than one camper or RV per lot9
Tiny homes
No general tiny-home rule confirmed; certain subdivision stick-built homes have a 900-square-foot footprint minimum10
Owner-builder
No construction exemption confirmed; a discretionary property-tax exemption may be available11
Private wells
A water permit is required above 12.5 acre-feet per year12
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Do you need a building permit in Benson County, North Dakota?
Benson County's Zoning Administrator issues permits for development regulated by the zoning ordinance, while agriculture, farm dwellings, and related agricultural buildings are listed as permitted without a county-board permit1. On land governed by the subdivision regulations, no building permit may be issued and no building may be erected until the street serving the lot has been accepted by the county governing body5. The Zoning Administrator inspects buildings for zoning administration, but a separate county residential building-code inspection program could not be confirmed2. North Dakota jurisdictions that elect to enforce a building code must use the state code, with permitted local amendments13. Ask the Zoning Board which zoning permit and inspection steps apply to the parcel and project14.
Who handles building and zoning permits in Benson County?
The Benson County Zoning Board is the first contact for county land-use permits, zoning applications, and subdivision review; reach the office at 701-473-5340 or bserickson@nd.gov14. Applications and filing fees are due on the first Friday of each month, and the board meets on the last Thursday as needed15. Published application fees are $200 for private individuals, $500 for livestock operations, and $700 for large companies, building projects, or commercial developments, although the county page does not match every fee category to a specific permit type8. Subdivision plats require Zoning Board approval before recording, while agricultural divisions of at least 5 acres without a new street or access easement are exempt16. Have the office identify the correct application and fee before submitting14.
Does Benson County have zoning?
Benson County zoning extends throughout the county's civil boundaries, distinct from any municipal or township rules617. The ordinance places the entire county in the Agricultural District and provides an Industrial/Manufacturing District whose boundaries appear on the official zoning map7. Agriculture and normal incidents of agriculture are exempt from county zoning restriction, but other applicable requirements can remain18. Residential subdivision rules set a 10-foot minimum setback from a lot or property line and a 20-foot minimum from a road19. Industrial/Manufacturing lots have a 10,000-square-foot minimum, 30% maximum building coverage, and separate height limits202122. Ask the Zoning Board to locate the parcel on the official map before applying district-specific numbers14.
How do septic permits work in Benson County?
Lake Region District Health Unit administers onsite sewage treatment systems in Benson County and permits new systems and repairs, including septic tanks, drain fields, cesspools, and holding tanks323. The local public-health permit must be secured before work begins, and the installer must also hold a North Dakota Department of Environmental Quality license24. For new systems, the authority may inspect construction, and the soil treatment area cannot be covered before inspection unless prior approval is granted25. Inspection of an existing permitted system is available on request rather than universally required26. Only 27.8% of Benson County soils rate without severe limitations for a conventional drain field, so make septic feasibility part of the purchase contingency27. Contact Environmental Health at (701) 662-7040 for the application and parcel-specific requirements28.
Can you live in an RV or tiny home in Benson County?
Benson County's R-3 campground-subdivision rules allow campers, motor homes, and recreational vehicles only as temporary seasonal habitation, not year-round residences, with no more than 1 camper or RV per lot and no permanent structures9. R-3 areas may include land below 1,460 MSL, and their temporary character must be maintained for floodplain compliance2930. In regulated residential subdivisions above 1,460 MSL, a stick-built residence must have at least a 900-square-foot footprint; that is not a general minimum for every Benson County parcel or dwelling type10. A general tiny-home occupancy rule could not be confirmed. Ask the Zoning Board how the proposed unit is classified, whether the parcel is in an R-3 or residential subdivision, and what utility and floodplain conditions apply3114.
Building a home in Benson County: the steps, in order
Give the Benson County Zoning Board the legal description and confirm the zoning district, subdivision status, allowed use, permit, setbacks, and inspection points32214.
Submit the zoning application and correct fee by the published deadline; the private-individual fee is $2003334.
If the parcel is subdivided, confirm that its access street has county acceptance before building5.
Obtain the Lake Region District Health Unit permit before installing or repairing the onsite sewage system, and leave the treatment area uncovered until inspection or prior approval425.
For a regulated residential subdivision, confirm potable water, sanitary sewage, and electrical connections35.
Ask whether separate building-code or occupancy approval applies, because a distinct county residential building-code regime could not be confirmed2.
What should you check before buying land in Benson County?
Confirm the official zoning district and subdivision status before applying any dimensional rule to a parcel716. Residential subdivision land above 1,460 MSL has a 20,000-square-foot minimum lot size, while R-3 lots have seasonal-use restrictions and cannot be further subdivided369. Verify legal access because subdivided lots must front a public street, and construction depends on county acceptance of the serving street37. Test septic feasibility early because only 27.8% of county soils rate without severe limits for a conventional drain field27. A private well needs a state water permit only when planned withdrawal exceeds 12.5 acre-feet per year12. Benson County has about 4.1 people per square mile, and the nearest city of 100,000 or more is about 152 miles from the county center, so price contractor travel and service access before closing3839.
Watch-outs
Benson County zoning permits and inspections are confirmed, but a separate residential building-code permit, inspection schedule, and certificate-of-occupancy requirement could not be confirmed12.
R-3 RV use is seasonal rather than year-round, limited to 1 camper or RV per lot, and does not allow permanent structures9.
The 900-square-foot home footprint, 20,000-square-foot lot minimum, and residential setbacks are subdivision rules with specific conditions, not blanket standards for every Benson County parcel103640.
Written October 5, 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.
Benson County highlighted among the North Dakota counties · colored by Index score
How Benson County scores
Seclusion88100% ev.
Self-Sufficiency23100% ev.
Admin Boringness5590% ev.
Durability51100% ev.
Property Autonomy73100% ev.
Carry Cost8194% 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 →
$137kTypical home
0.9%Property tax
$1,514Land / acre
18.9"Annual rain
7.6% of yrsSevere drought
3.4 / yr (+3)Mid-century 100°F days
18.8 daysMid-century dry spell
1.25" (+6.7%)Mid-century 1-day rain
1.61×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
146People within 30 min
109,596People within 2 hr
1,736Radius comparison (15 mi)
4.1People / sq mi
38.1%Federal land
96.4%Land at 15% slope or less
27.8%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Benson County
Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.
Albert Township · Arne Township · Aurora Township · Beaver Township · Brinsmade · Broe Township · Butte Valley Township · East Fork Township · Eldon Township · Esmond · Esmond Township · Hesper Township · Impark Township · Iowa Township · Irvine Township · Isabel Township · Knox · Knox Township · Lake Ibsen Township · Lallie Township · Leeds · Leeds Township · Lohnes Township · Maddock · McClellan Township · Minco Township · Minnewaukan · Mission Township · Normania Township · North Viking Township · Oberon · Oberon Township · Pleasant Lake Township · Rich Valley Township · Riggin Township · Rock Township · South Viking Township · Twin Lake Township · Twin Tree Township · Warwick · Warwick Township · West Antelope Township · West Bay Township · Wood Lake Township · York · York Township
Answers from the rulebook for Benson County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Benson County rules
Building permitLimited
Buildings on subdivided lots or tracts subject to the Benson County subdivision regulations.
The condition applies to subdivided land subject to the regulations.
The access street must first be accepted by the County's governing body.
The cited rule does not establish a general countywide permit requirement for every residential construction project.
“No b.uilding permit shall be issued and no building shall be erected on any subdivided lot or tract of land without the street giving access thereto having first been accepted by the County's governing body.”
2 more reviewed findings on this topic
Limited — County zoning permits and building permits for regulated development in Benson County.
“No building permit shall be issued and no building shall be erected on any subdivided lot or tract of land without the street giving access thereto having first been accepted by the County's governing body.”
Limited — Buildings on subdivided lots or tracts subject to Benson County subdivision regulations.
“No b.uilding permit shall be issued and no building shall be erected on any subdivided lot or tract of land without the street giving access thereto having first been accepted by the County's governing body.”
InspectionsLimited
Inspections under the county zoning regulation, not necessarily State Building Code inspections.
The ordinance assigns the Zoning Administrator building inspections as part of zoning administration.
No separate current residential building-code inspection regime was located.
“Duties of the Zoning Administrator shall include. A Issuance of all permits B. Inspection of buildings”
County-wide zoningPresent
Land-use regulation within the civil boundaries of Benson County, subject to the ordinance's agriculture exemption and district provisions.
The ordinance states that agriculture and normal incidents of agriculture are exempted.
The ordinance provides minimum requirements; where it imposes a greater restriction than existing law, the ordinance governs.
The ordinance states that the regulation becomes effective after a public hearing and adoption by the Benson County Board of Commissioners.
“Sec. 1 - Jurisdiction: The jurisdiction of this regulation shall include ail areas within the civil boundaries of Benson County as organized under Chapter 58-02 of the North Dakota Centuzy Code. Sec. 2 - Agriculture Exempted: Nothing in this regulation shall be applied for the purpose of preventing or restricting the use of land or buildings for agriculture or any of the normal incidents of agriculture.”
2 more reviewed findings on this topic
Present (with conditions) — Land-use regulation throughout Benson County under the Benson County Zoning Ordinance.
“The jurisdiction of this regulation shall include ail areas within the civil boundaries of Benson County as organized under Chapter 58-02 of the North Dakota Centuzy Code.”
Present (with conditions) — Benson County civil boundaries.
“The jurisdiction of this regulation shall include ail areas within the civil boundaries of Benson County”
Local zoningPresent (with conditions)
County-administered zoning controls in Benson County, distinct from municipal or township controls.
The county ordinance applies within Benson County civil boundaries.
Incorporated municipalities or township authorities may have additional or different local rules; this claim does not aggregate those subordinate authorities.
“This regulation shall be kn.own as the "Zoning Regulation of Benson County."”
Zoning districtsPublished (with conditions)
Benson County zoning districts and official zoning map.
The ordinance states that the entire county is agricultural.
The second allowable district is Industrial/Manufacturing, whose geographical boundaries are to be defined by the County Board.
District boundaries are established on the Official Zoning Map.
“With the adoption of this ordinance, there are two districts in Benson County. The entire County is zoned as agricultural.”
One more reviewed finding on this topic
Published (with conditions) — District classifications in the Benson County zoning ordinance.
“With the adoption of this ordinance, there are two districts in Benson County. The entire County is zoned as agricultural.”
Minimum dwelling sizeSpecified
Residential structures in Benson County subdivisions above elevation 1460 MSL.
The requirement applies to a residential structure built above 1460 MSL.
The source specifies stick construction and a 900-square-foot footprint.
The rule is in subdivision regulations and should not be generalized to every parcel or construction type.
“The minimum lot size at an elevation above 1460 MSL (N.A.V.D. 1929) shall be 20,000 sq. feet.”
Specified — Lots in Benson County residential subdivisions above 1460 MSL.
“The minimum lot size at an elevation above 1460 MSL (N.A.V.D. 1929) shall be 20,000 sq. feet.”
SetbacksSpecified
Structures in Benson County subdivisions governed by the residential subdivision regulations.
Minimum setback is 10 feet from any lot or property line.
Minimum setback is 20 feet from any road.
The cited rule is from subdivision regulations.
setback from lot or property line: >= 10 feet · setback from road: >= 20 feet
“The minimum set back of any structure from any road shall be 20 feet.”
2 more reviewed findings on this topic
Specified — R-3 subdivision structures.
“The minimum set back distance of any structure from any lot line or property line shall be 10 feet. The minimum set back of any structure from any road shall be 20 feet.”
Specified — Structures in Benson County residential subdivisions.
“The minimum set back distance of any structure from any lot line or property line shall be 10 feet. The minimum set back of any structure from any road shall be 20 feet.”
Lot coverageSpecified
Industrial/Manufacturing District in Benson County.
The ground area occupied by principal and accessory buildings may not exceed 30 percent of total lot area.
Floor-area-ratio limits also apply: 0.30 for one-story buildings and 0.60 for buildings over one story.
maximum lot coverage: <= 30 percent (Industrial/Manufacturing District) · maximum floor area ratio, single-story: <= 0.3 ratio (Industrial/Manufacturing District) · maximum floor area ratio, buildings over one story: <= 0.6 ratio (Industrial/Manufacturing District)
“The ground area occupied by the principal building or buildings and accessory buildings shall not exceed 30 percent of the total area to the lot.”
One more reviewed finding on this topic
Specified — Industrial/Manufacturing District lots.
“Floor area ratio of the principal buildings or building and all accessory buildings shall not exceed 0.30 for single-story buildings, nor shall it exceed 0.60 for buildings of more than one story. The ground area occupied by the principal building or buildings and accessory buildings shall not exceed 30 percent of the total area to the lot.”
Building heightSpecified
Industrial/Manufacturing District in Benson County.
Principal buildings may not exceed ten stories or 100 feet.
Accessory buildings may not exceed five stories or 50 feet.
maximum principal-building height: <= 100 ft (also limited to ten stories) · maximum accessory-building height: <= 50 ft (also limited to five stories)
“No principal buildings shall exceed ten stories, nor shall it exceed one hundred feet in height. No accessory buildings shall exceed five stories, nor shall it exceed fifty feet in height.”
One more reviewed finding on this topic
Specified — Industrial/Manufacturing District buildings.
“No principal buildings shall exceed ten stories, nor shall it exceed one hundred feet in height. No accessory buildings shall exceed five stories, nor shall it exceed fifty feet in height.”
Living in an RVTemporary only (with conditions)
Recreational vehicles, campers, and motor homes in Benson County R-3 areas, including regulated areas below 1460 MSL.
The R-3 regulations concern lands which may fall below 1460 MSL in Benson County.
The area must remain temporary for floodplain ordinance compliance.
There may be no more than one camper or RV per lot.
R-3 habitation is seasonal and not year-round.
No permanent structures may be built in an R-3 subdivision.
maximum campers or RVs per lot: 1 per lot · elevation threshold: < 1460 MSL
“Area Zoned as R-3 - Single family dwelling Recreational Vehicle, Camper, Motor Home, not of a permanent nature, which can easily be removed from the lot. In this type of subdivision, no permanent structures may be built and it is intended for a seasonal recreational type of habitation, not on a year round basis.”
2 more reviewed findings on this topic
Temporary only (with conditions) — Recreational vehicles, campers and motor homes in R-3 temporary/campground subdivisions.
“Area Zoned as R-3 - Single family dwelling Recreational Vehicle, Camper, Motor Home, not of a permanent nature, which can easily be removed from the lot. In this type of subdivision, no permanent structures may be built and it is intended for a seasonal recreational type of habitation, not on a year round basis.”
Temporary only (with conditions) — Campers, motor homes, and recreational vehicles in R-3 temporary/campground subdivision areas.
“The temporary nature of the area must be adhered to for flood plane ordinance compliance.”
Camping on your landLimited
Temporary seasonal camping in R-3 subdivisions.
R-3 regulations provide for campers, motor homes and recreational vehicles in a temporary seasonal housing environment.
The temporary nature must be maintained for floodplain ordinance compliance.
R-3 habitation is not intended for year-round use.
“The purpose of these regulations is to insure the orderly development of Benson County, by providing proper arrangement of streets and to the adequate and convenient open spaces for campers, motor homes, and recreational vehicles for a temporary seasonal housing environment.”
2 more reviewed findings on this topic
Limited — Temporary seasonal camping or campground subdivision development in Benson County.
“The temporary nature of the area must be adhered to for flood plane ordinance compliance.”
Limited — Temporary or seasonal camping in regulated R-3 campground subdivision areas.
“campers, motor homes, and recreational vehicles for a temporary seasonal housing environment.”
Who permits septicLocal (with conditions)
Onsite sewage treatment systems in Benson County within the Lake Region District Health Unit jurisdiction.
The LRDHU regulations apply to Ramsey, Benson, Eddy, and Pierce Counties.
Where a municipality has an equivalent or more restrictive ordinance, code, or law, the LRDHU requirements do not apply, while the remaining portions remain valid.
The adopting authority sets permit fees and issues permits within the jurisdictional limits where work is done.
“Adopted by Resolution on the 23 rd day of April 2019, by the Lake Region District Health Unit for Ramsey, Benson, Eddy, and Pierce County, North Dakota Regulations in Effect: January 1, 2020”
One more reviewed finding on this topic
Local — Benson County onsite sewage treatment systems administered by Lake Region District Health Unit.
“Environmental Health is responsible for health and safety education to enforce state public health laws, LRDHU regulations, and local ordinances in Benson, Cavalier, Eddy, Pierce, Ramsey, Rolette, and Towner counties.”
Septic permitRequired
New onsite sewage treatment systems and repairs to existing systems in Benson County.
The permit is obtained from the local public health unit before work begins.
The systems covered include septic tanks, drain fields, cesspools and holding tanks.
Installers must also obtain a no-cost NDDEQ license.
“LRDHU licenses and permits all new onsite sewage treatment systems (OSTS) and/or repairs to existing OSTS which include: septic tanks, drain fields, cesspools, and/or holding tanks.”
2 more reviewed findings on this topic
Required — New onsite sewage treatment systems and repairs to existing systems in Benson County.
“LRDHU licenses and permits all new onsite sewage treatment systems (OSTS) and/or repairs to existing OSTS”
Required — New onsite sewage treatment systems and repairs to existing systems in Benson County.
“LRDHU licenses and permits all new onsite sewage treatment systems (OSTS) and/or repairs to existing OSTS”
Septic inspectionLimited
Newly constructed onsite sewage treatment systems in Benson County under LRDHU regulations.
The adopting authority or its designee may perform inspections on all newly constructed OSTS.
No part of the soil treatment area may be covered until inspected unless prior approval has been granted.
The owner or occupant must provide reasonable access for inspection.
If defects are found, they must be corrected or eliminated before the system is placed in service.
Inspection of existing permitted systems is provided upon request.
“The adopting authority or its designee may perform inspections on all newly constructed OSTSs. No part of the soil treatment area system shall be covered until it has been inspected unless prior approval has been granted.”
2 more reviewed findings on this topic
Limited — Existing permitted onsite sewage treatment systems in Benson County.
“Additionally, provides inspection of existing permitted systems upon request.”
Limited — Existing permitted onsite sewage treatment systems in Benson County.
“Additionally, provides inspection of existing permitted systems upon request.”
Mandatory utility hookupConditional
Residential subdivisions regulated by Benson County.
Each lot must receive sanitary potable water.
Adequate sanitary sewage facilities must serve each lot and receive approval of the County Board and North Dakota Department of Health.
The subdivider must provide electricity hookup/connectivity to each lot.
“The subdivider shall provide electricity hookup/connectivity to each lot.”
“Under any water supply proposals either the lot owner or subdivision developer shall simultaneously have the sewage system in place at the time the potable water supply is connected.”
Agricultural exemptionAvailable
Agriculture and normal incidents of agriculture under the Benson County zoning regulation.
The zoning regulation states that nothing in it applies to preventing or restricting agricultural land or buildings or normal incidents of agriculture.
Subdivision regulations separately exempt agricultural divisions into parcels of five or more acres when no new street or access easement is involved.
agricultural parcel exemption threshold: >= 5 acres (No new street or easement of access)
“Nothing in this regulation shall be applied for the purpose of preventing or restricting the use of land or buildings for agriculture”
2 more reviewed findings on this topic
Available — Agricultural land uses and normal incidents of agriculture under the Benson County zoning regulation.
“Nothing in this regulation shall be applied for the purpose of preventing or restricting the use of land or buildings for agriculture or any of the normal incidents of agriculture.”
Available (with conditions) — Agricultural land and normal incidents of agriculture under the Benson County zoning ordinance.
“Nothing in this regulation shall be applied for the purpose of preventing or restricting the use of land or buildings for agriculture or any of the normal incidents of agriculture.”
Subdividing landRegulated (with conditions)
Division of land into lots, blocks, streets, avenues, alleys, public ways, or grounds in Benson County, subject to the county subdivision regulations.
Subdivision plats must be approved by the Benson County Zoning Board before filing or recording.
Preliminary applications require three copies, submission at least one week before a regularly scheduled Zoning Board meeting, and the requisite fee.
Agricultural divisions into parcels of five or more acres without a new street or access easement are exempted.
“No plat of a subdivision of land within said Benson County as "subject" to subdivision regulations of Benson County, shall be filed, or recorded until it shall have been approved”
One more reviewed finding on this topic
Regulated (with conditions) — Subdivision of land in Benson County subject to county subdivision regulations.
“No plat of a subdivision of land within said Benson County as "subject" to subdivision regulations of Benson County, shall be filed, or recorded until it shall have been approved by the Zoning Board of Benson County”
Driveway accessLimited
Access for lots created through Benson County subdivision.
Each lot must have access to a public street.
No building may be erected on a subdivided lot until the access street has been accepted by the county governing body.
Dead-end streets require a suitable turnaround at least 75 feet in diameter.
dead-end street turnaround diameter: >= 75 feet (Suitable turnaround required for permitted dead-end streets)
“The subdividing of land shall provide each lot with access to a public street.”
Building in a floodplainLimited
R-3 temporary/campground subdivision areas, including areas that may fall below 1460 MSL.
The temporary nature of the area must be adhered to for floodplain ordinance compliance.
elevation reference: < 1460 MSL (R-3 regulations address land which may fall below this elevation)
“The temporary nature of the area must be adhered to for flood plane ordinance compliance.”
Permit feesPublished (with conditions)
Benson County Zoning Board applications.
Applications with filing fees are due the first Friday of every month.
The Zoning Board meets the last Thursday of every month as needed.
The county page does not state whether these fees apply to every permit type.
“Filing Fees $700 for large companies/building projects/commercial developments $500 for livestock operations $200 for private individuals”
2 more reviewed findings on this topic
Published (with conditions) — Benson County Zoning Board applications and related county zoning approvals.
“$700 for large companies/building projects/commercial developments $500 for livestock operations $200 for private individuals”
Published (with conditions) — Benson County zoning-board applications.
“Filing Fees $700 for large companies/building projects/commercial developments $500 for livestock operations $200 for private individuals”
Permit processPublished (with conditions)
Benson County zoning, conditional-use, variance and subdivision application processes.
The County Zoning Administrator issues permits and inspects buildings under the zoning regulation.
Conditional-use applications must be written, signed by the property owner, accompanied by processing/publication/technical-advice costs, and include a plot plan and legal description.
Conditional-use hearing notice is published in the official county newspaper 15 days before the hearing.
Subdivision preliminary plats require three copies, submission at least one week before a regular Zoning Board meeting, and the requisite fee.
“The subdivider shall file with the County Auditor an application in writing seeking the approval of said plat, accompanied by three copies of the plat. Said application shall be submitted at least one (1) week prior to a regularly scheduled meeting of the county Zoning Board and pay the requisite fee.”
2 more reviewed findings on this topic
Partial — County zoning and subdivision application processes in Benson County.
“Applications with filing fee are due the first Friday of every month.”
Partial — County zoning and subdivision applications.
“Applications with filing fee are due the first Friday of every month. *Zoning Board meets the last Thursday of every month, as needed.”
North Dakota rules that apply here
Owner-builder exemptionConditional
An individual who builds that individual’s own single-family residence and seeks the North Dakota builder property-tax exemption.
The exemption is discretionary and requires the governing city or county to pass a resolution allowing it.
For property within a city, the city governing body has jurisdiction; for property outside an incorporated city, the county has jurisdiction.
The property must remain owned by the builder and unoccupied.
The exemption applies for the taxable year in which construction began and the next two taxable years.
The governing body may impose conditions, including limits on the exemption period and dollar value.
A builder may receive the exemption for no more than ten properties in a taxable year within each jurisdiction that approved the exemption.
General taxes and installments of special assessments may not be delinquent.
This is a property-tax exemption, not a building-permit or building-inspection exemption.
exemption period: taxable year in which construction began and next two taxable years · maximum properties per builder per jurisdiction per taxable year: 10 properties
“Whether or not to offer the exemption is at the discretion of the governing body. [...] “Builder” includes an individual who builds that individual’s own residence.”
Building code adoptedPartial
North Dakota's state building code and its adoption and enforcement by cities, townships, and counties statewide; state and local government buildings and schools are also addressed by the administrative code.
The state building code is administered and updated by North Dakota Commerce, but enforcement is the responsibility of jurisdictions that elect to adopt and enforce building codes.
A city, county, or township that elects to adopt and enforce a building code must adopt and enforce the State Building Code.
Cities, townships, and counties may amend the State Building Code to conform to local needs.
Fully chartered home rule cities may adopt something other than the State Building Code; the official Commerce page states that, at present, all jurisdictions enforcing a building code have adopted the same individual codes comprising the State Building Code.
The State Building Code consists of the International Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas Code; Commerce also states that the 2024 updates and proposed amendments were adopted on September 11, 2025 and that the new State Building Code went into effect January 1, 2026.
The state statute separately exempts buildings that are neither heated nor cooled, certain low-energy-use buildings, qualifying restored or reconstructed historic buildings, and agricultural buildings unless used for human habitation or by the public.
The administrative code states that its chapter applies to cities, townships, and counties that elect to adopt and enforce building codes within their jurisdictional boundaries, and to all state and local government buildings and public and private schools.
new state building code effective date: 2026-01-01 · state code components: IBC, IRC, IMC, and IFGC
“If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code.”
2 more reviewed findings on this topic
Adopted (with conditions) — The North Dakota State Building Code, consisting of the IBC, IRC, IMC, and IFGC, with the 2024 updates and stated amendments effective statewide as the state code framework.
“adopted the 2024 updates to the IBC, IRC, IMC, and IFGC and the proposed amendments.”
Adopted — The North Dakota State Building Code, including residential construction covered by the state residential code.
“The new North Dakota State Building Code will go into effect Jan. 1, 2026.”
Manufactured homesLimited
New manufactured homes installed in North Dakota for residential purposes.
Installation must be performed by an installer licensed by the Division of Community Services.
The home must be inspected by an inspector licensed by the Division of Community Services.
The installer must first apply for and receive authorization to install the home from a licensed inspector.
A minimum of two inspections are required on a double-wide home and one inspection on a single-wide home.
After installation meets the installation requirements, an insignia is attached to show the home passes inspections.
minimum inspections for double-wide manufactured home: >= 2 inspections · minimum inspections for single-wide manufactured home: 1 inspection
“All new manufactured homes installed in North Dakota for residential purposes must be installed by an installer licensed by the Division of Community Services and inspected by an inspector licensed by the Division of Community Services.”
Off-grid sanitationLimited
Off-grid or alternative domestic sewage collection, treatment, and disposal systems in North Dakota
Domestic wastewater from bathrooms, kitchens, laundry fixtures, and other household plumbing must pass through a septic tank or higher level of treatment before discharge into soil.
If underground dispersal is not feasible, the permitting authority may review alternative collection and disposal methods; approval is not automatic.
Construction, alteration, repair, or extension of a system requires a permit before work begins, subject to the regular-maintenance exception.
Wastewater may not be disposed of in a manner that creates a nuisance or causes a system to malfunction or fail.
The applicable permitting authority is a local public health unit, other political subdivision, or designee.
minimum lot size for a new system: >= 1 acre (A variance may be available under Section 33.1-21-01-15)
“Water carried from bathrooms, kitchens, laundry fixtures, and other household plumbing must pass through a septic tank or higher level of treatment prior to its discharge into the soil. If underground dispersal for treatment is not feasible, the permitting authority may review alternative methods of collection and disposal.”
Well permitLimited
Private water-supply wells statewide in North Dakota.
A water appropriation permit from the North Dakota Department of Water Resources is required when annual withdrawal exceeds 12.5 acre-feet.
A permit is not needed for wells drawing less than 12.5 acre-feet per year, according to the official private-well guide.
For domestic, livestock, fish and wildlife, and recreational uses below 12.5 acre-feet per year, the location and capacity of constructed works must be reported to the Department of Water Resources.
Anyone hired to construct, install, or repair a well, pump, or pitless unit must be licensed; individuals may install or repair wells on their own property without a license.
annual water withdrawal threshold: > 12.5 acre-feet per year (Domestic, livestock, fish and wildlife, and recreational uses below this threshold do not require a water appropriation permit but must be reported.) · annual water withdrawal threshold: > 4073137 gallons per year (Equivalent threshold stated by the Department of Water Resources.)
“Domestic, municipal, public, livestock, fish and wildlife, and recreational water use exceeding 12.5 acre-feet (4,073,137 gallons or 96,979 barrels) per year.”
2 more reviewed findings on this topic
Limited — Private water wells in Benson County under North Dakota rules.
“If your well will draw over 12.5 acre-feet (4,073,000 gallons) of water per year, it needs to be permitted”
Limited — Water wells serving Benson County properties.
“If your well will draw over 12.5 acre-feet (4,073,000 gallons) of water per year, it needs to be permitted by the North Dakota Department of Water Resources (dwr.nd.gov | 701-328-2750). A permit is not needed for wells that draw less than 12.5 acre-feet per year.”
Short-term rentalsLimited
Transient lodging rentals held out to the public for a charge in North Dakota.
A lodging license applies to buildings or structures held out to the public where sleeping accommodations are furnished to transient guests for a charge.
The lodging license does not apply to a single structure with five or fewer guest rooms and ten or fewer total occupants.
The lodging license also does not apply to a series or group of buildings or structures containing five or fewer guest rooms and ten or fewer total occupants.
License applications must be submitted at least 30 days before beginning construction or acquiring new ownership; new construction, renovation, or remodeling also requires the Section 3 Plan Review Checklist; after payment, review may take up to 30 calendar days.
guest-room exemption threshold: <= 5 guest rooms or fewer (Only when total occupants are ten or fewer.) · occupant exemption threshold: <= 10 occupants or fewer (Only when the structure has five or fewer guest rooms.)
“The lodging license does not apply to: Single structures with five or fewer guest rooms and ten or fewer total occupants.”
Campground & park staysLimited
Campsite occupancy in North Dakota state parks.
The limit applies to campsite and cabin occupancy in state parks.
All vehicles entering a state park must have a valid daily or annual vehicle entrance permit, including overnight stays and day visits.
Campers must check in at 4:00 p.m. on the first reservation day and check out by 3:00 p.m. on the last day.
maximum campsite or cabin occupancy: <= 14 nights in any 30-day period
“Campsite and cabin occupancy is limited to no more than 14 nights in any 30-day period.”
county zoning authorityGeneral
North Dakota counties adopting zoning regulations for land and buildings within the county, including unincorporated areas.
The authority is exercised by the board of county commissioners.
Regulation is subject to North Dakota Century Code chapter 54-21.3.
The authority covers the location and use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.
County zoning regulations must be made in accordance with a comprehensive plan.
A county may divide all or any parts of the county into districts, and regulations must be uniform within each district but may differ between districts.
County zoning regulations must account for the statutory limitations governing farming, ranching, and animal feeding operations in section 11-33-02.1.
The board must state the grounds for approving or disapproving zoning amendments or variances, and written findings must be included in the records.
The board must establish zoning requirements for solid waste disposal and incineration facilities before July 1, 1994.
The board may impose tipping or other fees on solid waste management and incineration facilities, but may not impose a fee under this section on an energy conversion facility or coal mining operation that disposes of its waste onsite.
The board may establish institutional controls addressing environmental concerns with the department of environmental quality under section 23.1-10-16.
“For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.”
One more reviewed finding on this topic
General — North Dakota county boards of commissioners adopting zoning regulations, including regulation of unincorporated county land.
“the board of county commissioners of any county may regulate and restrict within the county”
county building authorityGeneral
County authority to administer and enforce the state building code, including the residential code, and to provide for building permits for buildings or structures subject to county zoning in unincorporated areas of North Dakota.
A county that elects to administer and enforce a building code must adopt and enforce the state building code; it may amend that code to conform to local needs.
A county may administer and enforce the state building code only in areas where a city or township does not administer it. A city or township may relinquish that authority to its county under N.D.C.C. § 54-40.5-03; local governments may also agree to joint administration and enforcement or contract for private enforcement.
County permit authority under N.D.C.C. § 11-33-18 applies to a building or structure otherwise subject to the County Zoning chapter.
If the county provides for permits, it must require the applicant to state whether the structure is reasonably anticipated to have a significant transportation-system impact. A structure has such impact if it will average at least twenty-five motor vehicles per day during one year with gross weight exceeding sixty thousand pounds [27215.54 kilograms].
For a structure with significant transportation-system impact, the county must notify the director of the department of transportation and allow an opportunity to comment; director approval is not required.
The county may establish and collect reasonable permit fees, which must be credited to the county general fund.
A county-adopted building code may not require fire sprinklers in a single-family dwelling or a residential building containing no more than two dwelling units.
significant transportation-system impact threshold: >= 25 motor vehicles per day (Over a period of one year; vehicles must have gross weight exceeding sixty thousand pounds [27215.54 kilograms].) · fire-sprinkler requirement: false (A county building code may not require sprinklers in a single-family dwelling or residential building with no more than two dwelling units.)
“The governing body of a city, township, or county that elects to administer and enforce a building code shall adopt and enforce the state building code. However, the state building code may be amended by cities, townships, and counties to conform to local needs.”
Set by your township or city, not the county
In North Dakota, zoning is adopted by each township or city, so Benson County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.
Tiny homes
Accessory dwellings
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Certificate of occupancy — Certificates of occupancy for county-regulated construction.
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 Benson County, North Dakota
Is Benson County a good place to live off-grid or homestead?
Benson County scores 56/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 146 people within a 30-minute drive and manageable long-term carry cost. Watch-outs: thin water margin (18.9″/yr rainfall).
Do you need a building permit in Benson County, North Dakota?
Benson County requires a building permit only in limited cases (such as floodplains or specific zones), and it enforces county zoning. Onsite septic is permitted by Lake Region District Health Unit. Owner-builders may act as their own contractor to build their home. 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.
How much does land cost in Benson County, North Dakota?
Land in Benson County runs about $1,514 per acre, based on the latest county data.
What is the water situation in Benson County?
Benson County gets about 18.9" of rain a year, with severe drought in roughly 7.6% of years.
How remote is Benson County?
A representative private-land location has about 146 people within a 30-minute drive and 109,596 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.
