Bolthole Index

Divide County, North Dakota

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

41Index Score / 100
#50 of 53 in North Dakota

Divide County, North Dakota requires a county building permit whenever a structure is built or moved onto property, with required inspections and a certificate of occupancy before use.123 County zoning covers unorganized townships, while organized townships and cities may set their own zoning.4 Septic permits come from the Upper Missouri District Health Unit, not the county planning office.5

At a glance

Building permit
Required when a structure is built or moved onto property1
Zoning
County rules cover unorganized townships; organized townships and cities may differ46
Septic
Local health permit required before installation57
RV living
Not defined for year-round residence; park and campground stays are limited89
Tiny home
No specific occupancy rule confirmed; permit and district review still apply110
Owner-builder
No local exemption confirmed; ask Planning and Zoning before doing your own work11
Private well
State water permit only above 12.5 acre-feet a year; licensed contractor if you hire the work1213

Who to call

Planning & zoning

Divide County DES/Zoning/911

Building-permit applications, zoning administration and questions about county development review

(701) 965-6361

200 N Main St. Crosby, ND 58730

Online permits →

Septic permits

Upper Missouri District Health Unit

Septic-system permits and installer licensing in Divide County

701-965-6813

Divide Co. Courthouse 200 N Main St PO Box 69 Crosby, ND 58730

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

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

Yes. Divide County requires a building permit whenever a structure is built or moved onto property in the county.1 The county adopted the North Dakota State Building Code and may add requirements for local needs.14

Keep the issued permit posted until the project and all required inspections and approvals are complete.2 Divide County will not issue a certificate of occupancy or allow use of the building until those inspections and approvals are finished.3 Building-permit and plan-review fees are set by the enforcing jurisdiction, so request the current amount before filing; the county's published work-housing charges are specialized fees, not a general residential building-permit schedule.1516 Agricultural buildings are exempt from the state building-code chapter only when they are not used for human habitation or by the public; county zoning and other applicable rules may still apply.17

Who issues building permits in Divide County, North Dakota, and how do you reach them?

Start with Divide County DES/Zoning/911 at the courthouse in Crosby: call (701) 965-6361 or visit 200 N Main St., Crosby, ND 58730.18 The county publishes its building-permit application through the Planning and Zoning forms page.18

Give the office the parcel address because jurisdiction varies: the county ordinance covers unorganized townships, organized townships may retain their own zoning, and incorporated municipalities may have separate rules.46 North Dakota assigns code enforcement to a city, township or county that elects to administer it, and county enforcement applies where a city or township does not.19 We could not confirm an owner-builder exemption from Divide County permit or inspection requirements, so an owner acting as builder should ask DES/Zoning/911 which inspections, licensed trades and documents apply. After issuance, the county permit must stay posted through completion of required inspections and approvals.2

Does Divide County, North Dakota have zoning?

Yes, but the governing authority depends on the parcel. Divide County's ordinance applies throughout unorganized townships; organized townships may keep their own zoning, and incorporated municipalities may have separate rules.46 County-administered land is divided among Agricultural, Commercial, Industrial, Rural Residential and Recreational districts.10 Ask the county planning office to identify the jurisdiction and district before relying on a listing description.18

Homes with septic systems require at least 43,560 square feet, 100 feet of width and 200 feet of depth.20 Coverage limits vary by district.21 Buildings generally may not exceed 40 feet without a variance, with exceptions for agricultural, industrial and institutional structures and specified appurtenances.22 Farmers may establish up to two accessory dwellings for employees directly engaged in agricultural operations, while a Recreational District accessory dwelling requires conditional-use approval.23 We could not confirm a county minimum dwelling floor area, so ask the office about a particular small-home plan.

How do septic permits work in Divide County, North Dakota?

The Upper Missouri District Health Unit permits septic systems in Divide County and licenses installers in its service area.5 A local public-health permit must be secured before an onsite wastewater system is installed, while the installer also needs the state license required by the North Dakota Department of Environmental Quality.2425

Divide County's own ordinance requires the health unit's septic or sewer permit for an application involving a sewage-treatment or septic system; subdivision projects also need percolation tests before a building permit is issued.7 Private water and sewer systems must be inspected by the health unit before final approval and hookup and certified to meet state health standards.26 Call the local office at 701-965-6813 before site work.27 Only 40.2% of county soils rate as free of severe limitations for a conventional drain field, so make wastewater feasibility an early purchase contingency.28 Ask the health unit about inspection and cover-up timing for the proposed system.

Can you live in an RV or tiny home on land in Divide County, North Dakota?

Divide County defines a recreational vehicle for vacation or recreation, not year-round residence.8 An occupied RV in an RV park is limited to 45 days or less, and campground occupancy by a travel trailer or tent may not exceed 45 days in a consecutive six-month period.9 Those limits do not answer occupancy on every private parcel, so ask the planning office whether temporary RV living during construction is allowed in the parcel's district.918

A tiny home built or moved onto property still requires the county building permit and district review.110 We could not confirm a tiny-home-specific occupancy rule or minimum dwelling floor area, so obtain a written answer for the proposed design and use. A new manufactured home installed for residential use in North Dakota must be installed and inspected by state-licensed professionals.29 Accessory dwellings are limited by district and use.23

How do you build a home in Divide County, North Dakota, step by step?

  1. Give Divide County DES/Zoning/911 the parcel address and confirm the governing jurisdiction, zoning district and allowed use.18610
  2. Confirm lot size, coverage, height, access and any variance or conditional-use approval before finalizing plans.202122
  3. For an Agricultural District access point, obtain a permit from the Divide County Road Department or the Township Board for the road being accessed.30
  4. Apply for the building permit before construction or moving a structure onto the property, and request the current fee and plan-review requirements.115
  5. Obtain the Upper Missouri District Health Unit septic permit before wastewater work; private water and sewer systems also need health-unit inspection and certification before final hookup.731
  6. Keep the building permit posted, complete every required inspection and approval, and obtain the certificate of occupancy before using the building.23

What should you check before buying land in Divide County, North Dakota?

Begin by identifying the governing zoning authority, district, buildable area and wastewater feasibility. County rules do not replace retained township zoning or separate municipal authority, and only 40.2% of Divide County soils rate without severe limitations for a conventional septic drain field.628 Ask Planning and Zoning whether the parcel lies in a regulated floodplain and who reviews floodplain development, because we could not confirm a standalone local process.

Confirm legal access and the responsible road authority: Agricultural District access points require a permit from the Divide County Road Department or the Township Board for the road being accessed.30 A proposed access connection involving the state highway system also requires coordination with NDDOT, and work within state highway right-of-way needs an NDDOT driveway permit before it proceeds.32 If land will be divided, the county's sketch-plan and plat process involves county staff, affected township boards, the Planning and Zoning Commission, county commissioners, applicable agencies and the public.33 For a private well, the state Department of Water Resources requires a permit only when the well will draw more than 12.5 acre-feet per year, and a hired person who builds or repairs a well must be a licensed contractor.1213

Watch-outs

  • The agricultural building-code exemption does not cover buildings used for habitation or by the public, and county zoning or other rules may still apply.17
  • Do not begin septic work with only a building application: a local public-health permit is required before installation.725
  • RV-park and campground stays are limited, but private-parcel RV occupancy remains unconfirmed; ask DES/Zoning/911 before planning to live in one.918
  • Conventional septic feasibility is not automatic because only 40.2% of Divide County soils rate without severe drain-field limitations.28

Sources

  1. Divide County - Planning and Zoning (2026 county census)
  2. deq.nd.gov, quoted and re-checked
  3. deq.nd.gov, quoted and re-checked
  4. Divide County Zoning Ordinance and Subdivision Regulations, quoted and re-checked
  5. Environmental Health - Upper Missouri District Health Unit, quoted and re-checked
  6. Planning and Zoning - Divide County, ND, quoted and re-checked
  7. Zoning Application Forms - Divide County, ND, quoted and re-checked
  8. Divide County Zoning Ordinance, March 2024, quoted and re-checked
  9. Divide County Zoning Ordinance, quoted and re-checked
  10. Divide County Zoning Ordinance, March 2024, quoted and re-checked
  11. Property Tax Exemption for Builders of Certain New Single Family Residential Properties (2026 county census)
  12. Private Well Owner's Guide: Well Installation, quoted and re-checked
  13. Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
  14. Planning and Zoning - Divide County, ND, quoted and re-checked
  15. 2026 North Dakota State Building Code Book (North Dakota statewide rule), quoted and re-checked
  16. Divide County Zoning Ordinance, March 2024, quoted and re-checked
  17. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule), quoted and re-checked
  18. Divide County DES/Zoning/911 (dividecountynd.org)
  19. Building Codes (North Dakota statewide rule), quoted and re-checked
  20. Divide County Zoning Ordinance and Subdivision Regulations, quoted and re-checked
  21. Divide County Zoning Ordinance and Subdivision Regulations, quoted and re-checked
  22. deq.nd.gov, quoted and re-checked
  23. deq.nd.gov, quoted and re-checked
  24. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
  25. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
  26. Divide County Zoning Ordinance and Subdivision Regulations, quoted and re-checked
  27. Upper Missouri District Health Unit (umdhu.org)
  28. 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
  29. Manufactured Home Installation Program (North Dakota statewide rule), quoted and re-checked
  30. Divide County Zoning Ordinance, March 2024, quoted and re-checked
  31. Divide County Zoning Ordinance, quoted and re-checked
  32. North Dakota Century Code Chapter 24-01, State Highway System (North Dakota statewide rule), quoted and re-checked
  33. Divide County Zoning Ordinance, March 2024, quoted and re-checked

Written October 9, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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Compared with neighboring counties

Like all 6 of its neighbors, Divide County has countywide zoning.

RuleDivide CountyWilliams CountyBurke CountyMountrail CountyMcKenzie CountyRenville CountyDunn County
Building permitRequiredRequiredRequiredLimitedRequiredRequiredLimited
County zoningYesYesYesYesYesYesYes
Septic permitsUMDHUUpper Missouri District Health UnitFirst District Health UnitUpper Missouri District Health UnitLocal public health unitFirst District Health UnitND DEQ

County locator

Divide County in North Dakota

41
County map
Divide County highlighted among the North Dakota counties · colored by Index score

How Divide County scores

Seclusion86100% ev.
Self-Sufficiency1492% ev.
Admin Boringness4390% ev.
Durability44100% ev.
Property Autonomy73100% ev.
Carry Cost8194% ev.

Evidence strength: 96%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$173kTypical home
0.6%Property tax
$1,378Land / acre
16.1"Annual rain
18.8% of yrsSevere drought
4.4 / yr (+3.8)Mid-century 100°F days
22.2 daysMid-century dry spell
1.19" (+5.5%)Mid-century 1-day rain
1.39×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
32,128People within 2 hr
1,730Radius comparison (15 mi)
1.7People / sq mi
34.6%Federal land
94.2%Land at 15% slope or less
40.2%Soils rated "not limited" for septic (strict USDA rating)
322,311 acWorkable land screen
0.1%Wooded land
39.5°FAvg temp

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Cities and towns in Divide County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Not yet researched: Alexandria Township · Ambrose · Ambrose Township · Blooming Prairie Township · Blooming Valley Township · Border Township · Burg Township · Clinton Township · Coalfield Township · Daneville Township · De Witt Township · Elkhorn Township · Fertile Valley Township · Fillmore Township · Fortuna · Frazier Township · Frederick Township · Garnet Township · Gooseneck Township · Hawkeye Township · Hayland Township · Lincoln Valley Township · Long Creek Township · Mentor Township · Noonan · Palmer Township · Plumer Township · Sioux Trail Township · Smoky Butte Township · Stoneview Township · Troy Township · Twin Butte Township · Upland Township · Westby Township · Writing Rock Township

Answers from the rulebook for Divide County

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

Divide County rules

  • Building code adoptedAdopted

    Buildings and structures within Divide County subject to county building-code enforcement.

    • The county may incorporate additional requirements based on local needs.
    • The state building code consists of the IBC, IRC, IMC, and IFGC, with 2024 updates effective January 1, 2026.
    “If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code. However, a jurisdiction is permitted to further amend the State Building Code to conform to local needs.”
    One more reviewed finding on this topic
    • Adopted (with conditions) — Buildings and structures in Divide County.
      “The Divide County Board of County Commissioners have adopted the North Dakota State Building Code as the standard for Divide County.”
  • InspectionsRequired

    Buildings subject to the county building-permit process.

    • Required inspections and approvals must be completed before a certificate of occupancy is issued or the building is occupied.
    “Once the building permit is issued, the building permit shall be posted in a conspicuous place until the building project is completed by the applicant, and all required inspections and approvals have been completed.”
  • Certificate of occupancyRequired

    Occupied buildings subject to the county building-permit process.

    • No certificate of occupancy is issued until all required inspections and approvals are complete.
    “No certificate of occupancy shall be issued, and the building may not be occupied for use, until all required inspections and approvals have been completed.”
  • County-wide zoningPresent (with conditions)

    County zoning on land over which the Divide County Board of County Commissioners is empowered by law to regulate.

    • The ordinance applies to all unorganized townships.
    • Organized townships may retain their own zoning ordinances or may relinquish zoning authority to Divide County by resolution approved by the Board of County Commissioners.
    • The ordinance does not affect property within a city's zoning or subdivision authority unless the city relinquishes that authority to Divide County.
    • Extraterritorial jurisdiction of incorporated cities is not regulated by the ordinance, except for areas subject to joint zoning and subdivision jurisdiction.
    “This Ordinance shall apply to all unorganized townships”
  • Local zoningVaries (with conditions)

    Aggregate countywide conclusion: zoning authority varies among unorganized townships, organized townships, and incorporated cities; the county ordinance does not govern city jurisdiction unless authority is relinquished.

    • This is an aggregate of subordinate township and municipal zoning jurisdictions, not a claim that Divide County administers every local ordinance.
    • The county ordinance applies where a township has not adopted its own zoning ordinance or has relinquished authority.
    • City zoning authority remains separate unless relinquished.
    “This Ordinance may not be construed to affect any property, real or personal, located within the zoning or subdivision authority of any city within the County, except that any city by resolution of its governing body may relinquish to Divide County its authority, or any portion thereof, to enact zoning regulations under NDCC Chapter 40-47 or subdivision regulations under NDCC Chapter 40-48, in which case the property is subject to this Ordinance.”
    One more reviewed finding on this topic
    • Varies (with conditions) — Countywide aggregate of county zoning and subordinate municipal or township land-use controls; the county does not administer each municipal ordinance.
      “The purpose of the Divide County Zoning Ordinance is to promote the sound and desirable location and use of buildings and other structures and the sound and desirable occupancy, use or condition of use of land and other natural resources found within the County which is consistent with the comprehensive plan.”
  • Zoning districtsPublished

    County zoning district classifications and district map under the 2024 ordinance.

    • The ordinance identifies Agricultural, Commercial, Industrial, Rural Residential, and Recreational District provisions; use permissions and dimensional standards vary by district.
    • The Board of County Commissioners may divide county areas into zoning districts and amend district regulations.
    “The following zoning districts are established to carry out this intent: 5.1.1 Agricultural District:”
  • Minimum lot sizeSpecified

    Residential, recreational, commercial, industrial, and septic-served lots under the county zoning districts.

    • Examples include 43,560 square feet for septic-served homes, 6,000 square feet for certain municipal-sewer rural-residential lots, 15,000 square feet in the Recreational District, 7,000 square feet for certain commercial lots with sewer and water, and 10 acres in the Industrial District.
    • Width, depth, density, and use-specific standards also apply.

    septic-served residential minimum: >= 43560 square feet (must also be at least 100 feet wide and 200 feet deep) · industrial district minimum: >= 10 acres

    “Homes with septic systems require a minimum lot size of 43,560 square feet and must be at least 100 feet wide and a minimum of 200 feet deep.”
  • Lot coverageSpecified

    Building and structure coverage in Divide County zoning districts.

    • Coverage varies by district and use.
    • Agricultural non-farm rural residential dwellings and accessory structures may use no more than 50% of the lot.
    • Rural Residential single-family dwellings and accessory buildings may cover no more than 40% of buildable area.
    • Industrial primary and accessory buildings may not exceed 60% of buildable area.

    agricultural non-farm residential maximum: <= 50 percent of lot · rural residential maximum: <= 40 percent of buildable area (churches and schools may cover up to 70 percent) · industrial maximum: <= 60 percent of buildable area

    “Primary and accessory buildings or structures in this district shall not exceed sixty (60) percent of the total buildable area.”
  • Building heightSpecified

    Buildings and structures governed by Divide County zoning.

    • The 40-foot limit excludes agricultural, industrial, and institutional buildings and structures.
    • A variance may allow a greater height.
    • The height restriction applies to the main frame and does not affect church spires, chimneys, flagpoles, television aerials, or satellite dishes.
    • Free-standing structures over 40 feet require conditional-use approval.

    maximum height: <= 40 feet (excluding agricultural, industrial, and institutional uses; variance exception)

    “All buildings and structures, excluding those used for agricultural, industrial or institutional (i.e. Hospital, public education, or government) purposes, shall not be greater than forty (40) feet in height except by variance and shall not affect solar access for neighboring structures. This height restriction applies to the main frame of the building or structure and does not affect church spires, chimneys, flagpoles, television aerials, or satellite dishes.”
    One more reviewed finding on this topic
    • Specified — Buildings and structures subject to the county height provisions.
      “All buildings and structures, excluding those used for agricultural, industrial or institutional (i.e. Hospital, public education, or government) purposes, shall not be greater than forty (40) feet in height except by variance and shall not affect solar access for neighboring structures.”
  • Living in an RVLimited

    Occupied recreational vehicles in recreational vehicle parks and campgrounds regulated by Divide County zoning.

    • A recreational vehicle park is for temporary parking of occupied recreational vehicles for 45 days or less.
    • A campground is for temporary occupancy by travel trailers or tents not exceeding 45 days in any consecutive six-month period.
    • The ordinance does not establish a general rule for RV occupancy on every privately owned parcel.

    maximum occupancy period: <= 45 days (RV park temporary parking and campground occupancy provisions)

    “RECREATION VEHICLE PARK (RV PARK): A tract of land, designed and utilized, and operated for a fee or other basis as a place for temporary parking (45 days or less) of occupied recreation vehicles.”
    One more reviewed finding on this topic
    • Limited — Recreational-vehicle occupancy and RV parks in Divide County.
      “RECREATIONAL VEHICLE: A vacation trailer or other vehicular or portable unit which is either self-propelled, towed, or is carried by a motor vehicle and which in intended for human occupancy and is designated for vacation or recreation purposes but not a year-round residential use.”
  • Accessory dwellingsLimited

    Accessory dwellings in Divide County zoning districts.

    • Farmers may establish up to two accessory dwellings for employees directly engaged in agricultural operations.
    • In a recreational district, an accessory dwelling requires a conditional use permit under the cited district standard.
    • Other district-specific rules may apply.

    maximum accessory dwellings: <= 2 dwellings (farmers' employee dwellings in the Agricultural District)

    “Farmers may establish up to two (2) accessory dwellings for their employees directly engaged in agricultural operations.”
    One more reviewed finding on this topic
    • Limited — Accessory dwellings in the Agricultural and Recreational Districts.
      “Farmers may establish up to two (2) accessory dwellings for their employees directly engaged in agricultural operations.”
  • Who permits septicMixed (with conditions)

    Onsite wastewater systems in Divide County.

    • North Dakota DEQ administers installer licensing and rules.
    • The local public-health unit issues the system permit.
    • Divide County's ordinance separately requires Upper Missouri District Health Unit inspection and certification for private systems.
    “Any building or structure which is to utilize a private water and sewer system shall, prior to final approval and hookup, have said system inspected by the Upper Missouri District Health Unit”
    One more reviewed finding on this topic
  • Septic permitRequired

    Applications involving a sewage treatment or septic system in Divide County.

    • The county application page identifies the UMDHU septic/sewer permit as required for all applications having a sewage treatment or septic system.
    • Subdivision projects additionally require percolation tests before a building permit is issued.
    “A permit is required for all applications having a sewage treatment / septic system”
  • Mandatory utility hookupConditional

    Buildings and structures using private water and sewer systems in areas subject to the Divide County ordinance.

    • Before final approval and hookup, the private system must be inspected by the Upper Missouri District Health Unit.
    • The system must receive certification that its design and placement meet State Health Department standards.
    • Soil absorption systems must comply with Upper Missouri District Health Unit rules and State Health Department guidelines.
    • This provision addresses private systems and does not establish a general countywide requirement to connect to public water or sewer.
    “prior to final approval and hookup, have said system inspected by the Upper Missouri District Health Unit”
    One more reviewed finding on this topic
    • Conditional — Buildings or structures using private water and sewer systems in Divide County.
      “Any building or structure which is to utilize a private water and sewer system shall, prior to final approval and hookup, have said system inspected by the Upper Missouri District Health Unit and shall receive certification that the system as designed and positioned meets State Health Department standards for such systems.”
  • Subdividing landRegulated (with conditions)

    Subdivision platting and development in Divide County.

    • A sketch-plan process precedes plat approval.
    • The plat is reviewed by county staff, affected township boards, the Planning and Zoning Commission, the Board of County Commissioners, applicable agencies, and the public.
    • A final plat must be recorded within 90 days after approval or the plat is considered void and the process must be re-initiated.
    • Required public improvements are at the subdivider's expense.

    final plat recording deadline: 90 days after approval (Otherwise the plat is considered void)

    “After completion of the sketch plan process, the subdivider shall file an application for plat approval with the Planning and Zoning Department. The platting stage is the point in the process that all information pertinent to the proposed Subdivision is furnished by the subdivider for review by County staff, any affected township board, the Planning and Zoning Commission, the Board of County Commissioners, any other applicable agencies, and the public.”
  • Driveway accessLimited

    Access points for lots and developments in the Agricultural District and access to mobile-home parks.

    • The Board of County Commissioners reviews proposed points of access.
    • The applicant must obtain a permit from the Divide County Road Department or the Township Board for the road being accessed.
    • Mobile-home parks require written access approval from the county Road Department or Township Board.
    “The Board of County Commissioners shall review all proposed points of access and the applicant shall obtain a permit from the Divide County Road Department or the Township Board for the road being accessed.”
    One more reviewed finding on this topic
    • Required — Proposed access points in the Agricultural District.
      “The Board of County Commissioners shall review all proposed points of access and the applicant shall obtain a permit from the Divide County Road Department or the Township Board for the road being accessed.”
  • Permit feesPublished (with conditions)

    Published planning and zoning fees for temporary work-camp housing and related mobile/manufactured-home lots.

    • An annual work-housing fee is $400 per available man/bed, with exceptions for mobile or manufactured homes and certain park model trailers.
    • A $0.10 per square foot annual lot fee applies to certain mobile/manufactured-home or park-model work-housing lots.
    • The fee is payable when the work-camp conditional use permit is approved and is prorated for operations starting during the calendar year.

    annual work housing fee: 400 USD per available man/bed (Not assessed against specified mobile/manufactured homes or qualifying park model trailers) · annual lot fee: 0.1 USD per square foot (Certain work-housing lots)

    “A annual work housing fee in the amount of $400 per available man/bed shall be assessed for any “work housing facilities” as that term is defined in NDCC Section 57-02.4-01 (1) as set forth in the Definitions Section of this Ordinance.”
  • Building permitRequired

    The Divide County Commissioners adopted the North Dakota State Building Code, and a building permit is required whenever any structure is built or moved onto a property in the county.

    Divide County - Planning and Zoning ↗Scouted from the county site, not yet independently re-checked

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.”
  • Minimum dwelling sizeDistrict specific (with conditions)

    City zoning regulations governing the size of residential buildings in North Dakota; the actual minimum, if any, is established by the applicable local zoning ordinance.

    • The authority is permissive and applies to governing bodies of cities that adopt zoning regulations.
    • The regulation is subject to North Dakota Century Code chapter 54-21.3.
    • A local board of adjustment may determine and vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • SetbacksDistrict specific (with conditions)

    Local city zoning regulations governing yards, courts, and other open spaces in North Dakota.

    • The actual setback distances are established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • A local board of adjustment may vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • 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.”
  • Septic inspectionRequired

    Installation of an onsite wastewater treatment system anywhere in North Dakota

    • The inspection is conducted by the permitting authority or its authorized representative.
    • The inspection must occur within one business day after the request for inspection.
    • Construction, alteration, repair, or extension requires a permit before work begins; regular system maintenance does not require a permit.
    • The permitting authority is a local public health unit, other political subdivision, or designee.

    inspection deadline: 1 business day (After receiving the request for inspection) · permit validity: <= 12 months (From date of issuance)

    “Inspection of the installation of a system must be conducted by the permitting authority or an authorized representative of the permitting authority in accordance with paragraph 3 of subdivision c of subsection 2 of North Dakota Century Code section 23-35-02, which requires the inspection to be conducted within one business day of receiving the request for inspection.”
  • 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.”
    One more reviewed finding on this topic
    • Limited — Private water wells serving Divide 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.”
  • Agricultural exemptionAvailable (with conditions)

    Buildings used for agricultural purposes under North Dakota's state building code chapter.

    • Agricultural purposes include agriculture, farming, ranching, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry.
    • The exemption does not apply when the building is a place of human habitation or is for use by the public.
    • The exemption is from Chapter 54-21.3; other applicable state, local, zoning, floodplain, septic, or land-use requirements may still apply.
    • Buildings subject to the federal Americans with Disabilities Act must conform to the 2010 ADA standards notwithstanding the chapter exemption.
    “Any building used for agricultural purposes, unless a place of human habitation or for use by the public, is exempt from this chapter.”
    2 more reviewed findings on this topic
    • Available (with conditions) — Buildings used for agricultural purposes in North Dakota, including Divide County, when not used for human habitation or public use.
      “unless a place of human habitation or for use by the public”
    • Available — Land and buildings used for farming, and the normal incidents of farming, when regulated under a county subdivision resolution adopted under N.D.C.C. chapter 11-33.2.
      “Additionally, no resolution, regulation, or restriction adopted pursuant to the provisions of this chapter shall prohibit or prevent the use of land or buildings for farming or any of the normal incidents of farming.”
  • Building in a floodplainRequired

    Construction or modification of North Dakota water-control structures regulated by the Department of Water Resources.

    • A DWR construction permit is required when a water-control structure is capable of retaining, diverting, or obstructing more than 50 acre-feet for dikes, other devices, and low-hazard dams.
    • The threshold is more than 25 acre-feet for medium-hazard and high-hazard dams.
    • This claim does not establish the separate local floodplain-development-permit requirements administered by local floodplain administrators.

    retention/diversion/obstruction threshold for dikes, other devices, and low-hazard dams: > 50 acre-feet · retention/diversion/obstruction threshold for medium- and high-hazard dams: > 25 acre-feet

    “A construction permit is required from the DWR if a water control structure is constructed or modified”
  • 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.”
  • Permit processPartial

    Administration and enforcement of the North Dakota State Building Code by eligible city, township, and county jurisdictions.

    • A city, township, or county that elects to administer and enforce a building code must adopt and enforce the state building code.
    • Local jurisdictions may amend the state building code to conform to local needs.
    • A city or township may enforce only within its jurisdictional area; a county may enforce in areas where the state building code is not administered by a city or township.
    “Community Services is not involved in the enforcement of the State Building Code. This is the responsibility of jurisdictions that elect to adopt and enforce building codes.”
  • 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 Divide 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

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 Divide County, North Dakota

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

Divide County scores 41/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 1,730 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (16.1″/yr rainfall).

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

Divide County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Upper Missouri District Health Unit (UMDHU) - Environmental Health. 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 Divide County, North Dakota?

Land in Divide County runs about $1,378 per acre, based on the latest county data.

What is the water situation in Divide County?

Divide County gets about 16.1" of rain a year, with severe drought in roughly 18.8% of years.

How remote is Divide County?

A typical private-land location has about 1,730 people within 15 miles and 208,731 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Divide compares in North Dakota

Compare side-by-side →See all 53 North Dakota counties ranked →