Building permits, zoning and land rules in McHenry County, North Dakota
47Index Score / 100 #32 of 53 in North Dakota
Unincorporated McHenry County, North Dakota requires a zoning permit for covered construction where county zoning applies, with protection for agricultural uses; a separate general building permit remains unconfirmed12. City, extraterritorial and township zoning can replace county zoning, and Velva issues its own building permits34. First District Health Unit handles septic permits throughout McHenry County5.
At a glance
Building permit
County zoning permit for covered construction, with agricultural protection; separate county building-code permit unconfirmed12
Zoning
Yes, with city, extraterritorial and organized-township exceptions36
Septic permit
Required through First District Health Unit before covered installation or repair work57
RV living
RV parks and temporary housing camps are regulated; ordinary private-lot occupancy remains unconfirmed89
Tiny home
No special tiny-home or minimum dwelling-size rule confirmed; zoning still applies10
Agricultural building
Qualifying agricultural uses are protected from restriction by county zoning; other rules may still apply2
Private well
State permit required above 12.5 acre-feet per year; no permit below that threshold11
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Do you need a building permit in McHenry County, North Dakota?
Unincorporated McHenry County requires a zoning-permit application to erect, move, add to or structurally alter a structure where county zoning applies1. The zoning permit costs $40 when estimated improvements are under $10,000 and $100 when they are over $10,000; the applicable fee must be paid before the county acts12. A separate general building permit and county building-code inspection program could not be confirmed; the verified county inspection authority is for zoning-permit compliance13. Ask McHenry County Planning Commission (Zoning) whether building-code review applies to the project in addition to the zoning permit14. Qualifying agricultural land, buildings and normal incidents of agriculture are protected from restriction by the county zoning ordinance, but that provision does not waive septic permits, floodplain rules, road requirements, state rules or rules imposed by another local authority2.
Who handles building permits and zoning in McHenry County?
McHenry County Planning Commission (Zoning) handles county zoning permits, variances and conditional-use applications where county zoning applies; a separate county building department could not be confirmed1413. Inside Velva, the city requires building permits for covered construction or structural alteration and administers its own zoning415. Septic permits remain with First District Health Unit throughout McHenry County: 701-852-1376, 801 11th Ave. SW, Minot, ND 587015. County zoning generally excludes city and extraterritorial areas and townships exercising zoning authority; Norwich, North Prairie, Gilmore, Riga and Pratt administer township zoning36. Upham, Balfour and Voltaire have indicated a desire for county zoning within their boundaries, so confirm jurisdiction with the commission3. The McHenry County Road Department lists (701) 537-5724 and dcarpenter@nd.gov; ask the relevant road owner about driveway approval16.
Does McHenry County, North Dakota have zoning?
The published McHenry County ordinance establishes Agricultural, Rural Residential, Commercial, Industrial, Recreational and Residential districts within the county's jurisdiction; the county announced an update effort in 2025, so confirm the current district rules with Planning Commission (Zoning)1014. Velva administers its own city zoning; the county rules below concern unincorporated land where county zoning applies153. First District Health Unit remains the septic-permit authority throughout McHenry County5. Agricultural District non-farm dwellings require at least 2 acres, excluding the surface owner's immediate family; density is limited to 1 non-farm dwelling per 40 acres unless a conditional-use permit authorizes a mobile-home park or temporary housing camp, and lots must abut an improved road1718. Rural Residential lots need at least one-half acre with common sewer or two acres with an onsite field, while multiple-family development with an onsite field needs three acres19. Principal and accessory buildings together may cover no more than 50% of a Rural Residential lot20. Recreational lots need at least 5,000 square feet with a sewer collection system or two acres with an onsite field, and their buildings share a 50% coverage cap2122. A countywide minimum dwelling size or special tiny-home category could not be confirmed; ask the parcel's zoning authority before designing the site14.
How do septic permits work in McHenry County?
First District Health Unit requires a septic permit before installing or repairing any part of an onsite sewage treatment system in McHenry County5. North Dakota DEQ oversees installer licensing, and installers must obtain the local health-unit permit before starting work and follow local codes723. Schedule First District Health Unit's final inspection before backfilling or covering the new system; without inspection and approval, the system is considered unapproved and illegal24. The installer must also submit an As-Built Form after installation24. Only about 23.6% of mapped county soils avoid severe limits for a conventional drain field, so make septic feasibility an early purchase contingency25.
Can you live in an RV or tiny home in McHenry County?
McHenry County's Recreational District is intended for RV parks offering short-term or seasonal parking, while commercial and institutional campgrounds require a conditional-use permit926. County-regulated temporary housing camps require a site plan and a conditional-use permit lasting one year, with approved water, sewage, waste disposal, access and electrical service2728. Each RV in such a camp needs a lot at least 60 feet long by 30 feet wide and setbacks of 150 feet from township or county roads and 250 feet from state or federal roads8. Skid shacks in a temporary housing camp are limited to 45 feet in height; that limit is not a countywide building-height rule29. These camp rules do not establish permission to occupy one RV full-time on an ordinary private lot, so ask the parcel's zoning authority before relying on an RV during construction30. Mobile-home parks are conditional uses, and a mobile home in a temporary housing camp needs a lot at least 60 feet wide and 6,000 square feet31. McHenry County has no confirmed special tiny-home category or countywide minimum dwelling size1.
Building a home in McHenry County: the steps in order
Identify whether McHenry County, a city or an organized township controls zoning for the parcel; Norwich, North Prairie, Gilmore, Riga and Pratt Townships administer their own zoning30.
Confirm the zoning district, sewer plan, lot size and buildable area. Agricultural non-farm dwellings require 150 feet from section lines and township or county road centerlines, 250 feet from state or federal highway centerlines, and 20 feet from property lines unless both sides share an owner3233. Rural Residential yards are generally 20 feet front and rear and 6 feet at the side, with a 100-foot road-centerline rule where applicable34.
Submit the county zoning-permit application where county jurisdiction applies; maintenance that does not structurally alter a building does not require that zoning permit1.
Pay the applicable zoning-permit fee before the county acts; ask Planning Commission (Zoning) for the current schedule1214.
Ask the zoning authority whether a separate building permit or building-code review applies because neither was confirmed countywide13.
Obtain the First District Health Unit septic permit before onsite-wastewater work and arrange inspection before covering the system724.
Ask the relevant road owner about driveway approval before constructing an entrance16.
What should you check before buying land in McHenry County?
Start with jurisdiction: county zoning has city, extraterritorial and township exceptions, so the same proposed use may go to a different authority depending on the parcel330. Verify the district, sewer plan and road frontage before closing because minimum lot size, setbacks and lot coverage vary by district193435. Recreational District buildings generally need 20-foot front and rear yards and 6-foot side yards, with 50 feet from shorelines except for boathouses, ramps, docks and retaining walls, or 100 feet from the centerline when abutting a federal, state, county or township road36. Commercial and Industrial districts have no building lot-coverage requirement except requirements that may apply for fire protection37. Put a septic evaluation in the purchase contingency because only about 23.6% of mapped soils avoid severe limitations for a conventional drain field25. Check flood exposure and drainage; county subdivision review considers floodplain relationships, soils, drainage and waste-disposal capacity, although a general local floodplain-development permit was not confirmed38. Confirm legal access and ask the relevant road owner about an entrance16. A North Dakota water permit is required above 12.5 acre-feet per year, but not below that threshold11.
Watch-outs
A county zoning permit is verified, but a separate general building-code permit and county building-code inspection program are not; ask Planning Commission (Zoning) what applies to the proposed structure11314.
McHenry County announced a zoning update effort in 2025; ask Planning Commission (Zoning) whether the published district rules have changed before designing a site1014.
Commercial campgrounds and temporary housing camps are regulated, but those rules do not confirm full-time occupancy of one RV on an ordinary private lot939.
Do not cover a new septic system before First District Health Unit's final inspection24.
Written October 11, 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.
McHenry County highlighted among the North Dakota counties · colored by Index score
How McHenry County scores
Seclusion87100% ev.
Self-Sufficiency1999% ev.
Admin Boringness4590% ev.
Durability43100% ev.
Property Autonomy73100% ev.
Carry Cost8096% 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 →
$157kTypical home
0.7%Property tax
$1,533Land / acre
18"Annual rain
11.4% of yrsSevere drought
4.7 / yr (+4)Mid-century 100°F days
20.7 daysMid-century dry spell
1.26" (+4.2%)Mid-century 1-day rain
1.54×Wildfire change factor
100%Forward climate coverage
$2,106Home insurance / yr
3.2% / yrInsurance growth
2.22%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
118,439People within 2 hr
1,684Radius comparison (15 mi)
2.7People / sq mi
24.6%Federal land
97.1%Land at 15% slope or less
23.6%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in McHenry 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: Anamoose · Anamoose Township · Balfour · Balfour Township · Bantry Township · Bergen · Berwick Township · Bjornson Township · Brown Township · Cottonwood Lake Township · Deep River Township · Deering · Deering Township · Denbigh Township · Drake · Egg Creek Township · Falsen Township · Gilmore Township · Granville · Granville Township · Grilley Township · Hendrickson Township · Karlsruhe · Karlsruhe Township · Kief · Kottke Valley Township · Lake George Township · Lake Hester Township · Land Township · Layton Township · Lebanon Township · Little Deep Township · Meadow Township · Mouse River Township · Newport Township · Normal Township · North Prairie Township · Norwich Township · Odin Township · Olivia Township · Pratt Township · Riga Township · Rose Hill Township · Round Lake Township · Saline Township · Schiller Township · Spring Grove Township · Strege Township · Towner · Upham · Velva Township · Villard Township · Voltaire · Voltaire Township · Wagar Township · Willow Creek Township
Answers from the rulebook for McHenry County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
McHenry County rules
Building permitLimited
Agricultural land, buildings, and normal incidents of agriculture within the county zoning jurisdiction.
The ordinance states that it is not to be applied to prevent or restrict agricultural land or buildings or any normal incidents of agriculture.
This agricultural exemption does not establish that other state, health, septic, floodplain, or local rules do not apply.
“Nothing in this ordinance shall be applied for the purpose of preventing or restricting the use of land or buildings for agricultural or any of the normal incidents of agriculture.”
InspectionsLimited
Inspection for compliance with McHenry County zoning permits and regulations.
This claim concerns zoning-permit compliance inspections, not a separately verified building-code inspection program.
“Inspection for permit compliance in accordance with these Zoning Regulations.”
County-wide zoningPresent (with conditions)
County zoning regulations within McHenry County, subject to incorporated-city, extraterritorial, and organized-township exceptions.
County zoning does not apply within organized cities or areas covered by city extraterritorial zoning authority.
County zoning does not apply within organized townships that have exercised zoning authority, including Norwich, North Prairie, Gilmore, Riga, and Pratt Townships.
Upham, Balfour, and Voltaire indicated a desire for the County Zoning Commission to apply county zoning within their civil boundaries.
“These zoning regulations shall apply to all areas within the civil boundaries of McHenry County North Dakota; with the following exceptions:”
Local zoningVaries (with conditions)
Aggregate of county, municipal, extraterritorial, and organized-township zoning within McHenry County.
The county page identifies separate zoning authority for organized cities, city extraterritorial areas, and organized townships that exercise zoning authority.
The county page specifically directs construction in Norwich, North Prairie, Gilmore, Pratt, Riga, and Pratt Townships to contact the township for zoning information.
“Those areas within the civil boundaries of organized cities and those areas where cities have applied some measure of their extraterritorial zoning authority [...] Those areas within the civil boundaries of an organized township that has exercised their zoning authority”
One more reviewed finding on this topic
Varies (with conditions) — Aggregate local zoning across McHenry County; authority varies between the county, incorporated cities, extraterritorial areas, and organized townships.
“Those areas within the civil boundaries of an organized township that has exercised their zoning authority, including Norwich, North Prairie, Gilmore, Riga and Pratt Townships.”
Zoning districtsPublished (with conditions)
County zoning districts under the 2016 ordinance.
The ordinance identifies AG Agricultural, RR Rural Residential, CO Commercial, IN Industrial, REC Recreational, and RES Residential districts.
District applicability is subject to incorporated-city, extraterritorial, and organized-township exceptions.
The county announced an update effort in November 2025, so the 2016 district publication may not be current.
“the land covered by the jurisdiction of these regulations shall be divided into the following zoning districts: “AG” Agricultural District “RR” Rural Residential District “CO” Commercial District “IN” Industrial District “REC” Recreational District “RES” Residential District”
Minimum lot sizeDistrict specific (with conditions)
Lots in the Rural Residential District.
A one-half-acre minimum applies when served by a common sewer collection system.
A two-acre minimum applies when sewage is drained into an onsite user-owned drainage field.
Multiple-family subdivision development using an onsite drainage field requires three acres.
minimum lot size with common sewer: >= 21780 square feet (One-half acre.) · minimum lot size with onsite drainage field: >= 87120 square feet (Two acres.) · minimum lot size for multiple-family subdivision with onsite drainage field: >= 130680 square feet (Three acres.)
“Lot size - not less than 21,780 square feet, one half (1/2) acre if served by a sewer collection system common to other adjoining users; not less than 87,120 square feet, two (2) acres, if the sewer is drained into an onsite user owned drainage field. If multiple family dwellings will be part of the subdivision development it shall have a lot size not less than 130,680 square feet, three (3) acres, if the sewer is drained into an onsite user owned drainage field.”
4 more reviewed findings on this topic
Specified — Rural Residential District lots.
“Lot size - not less than 21,780 square feet, one half (1/2) acre if served by a sewer collection system common to other adjoining users; not less than 87,120 square feet, two (2) acres, if the sewer is drained into an onsite user owned drainage field. If multiple family dwellings will be part of the subdivision development it shall have a lot size not less than 130,680 square feet, three (3) acres, if the sewer is drained into an onsite user owned drainage field.”
Specified — Recreational District lots.
“Lot size - not less than 5,000 square feet if served by a sewer collection system; not less than two (2) acres if the sewer is drained into an onsite user owned drainage field.”
Specified — Residential development in the Agricultural and Rural Residential zoning districts governed by McHenry County.
“Lot size - not less than 21,780 square feet, one half (1/2) acre if served by a sewer collection system common to other adjoining users; not less than 87,120 square feet, two (2) acres, if the sewer is drained into an onsite user owned drainage field.”
Specified — Individual non-farm dwelling units in the Agricultural District.
“A. Lot Size - Not less than two (2) acres B. Lot Density - Not more than one non-farm dwelling per 40 acres, unless a conditional use permit is issued for a “Mobile Home Park” or “Temporary Housing Camp”. C. Lot Location - The development and location of all lots related to non-farms shall abut an existing improved road.”
SetbacksSpecified
Buildings and structures for individual non-farm dwelling units in the Agricultural District.
The setback is measured from section lines and road centerlines.
The property-line setback does not apply when both sides of the property line are owned by the same individual.
section-line and township/county-road setback: >= 150 feet · state/federal highway setback: >= 250 feet · property-line setback: >= 20 feet (Does not apply if both sides of the property line are owned by the same individual.)
“Building and Structure Setbacks - one hundred fifty (150) feet from all section lines and the centerline of all township and county roads; or 250 feet from the centerline of all state and federal highways. A setback of 20 feet from all property lines. If both sides of the property line are owned by the same individual, this setback requirement does not apply.”
4 more reviewed findings on this topic
Specified — Recreational District buildings and structures.
“a. Front yard - 20 feet from lotline, 50 feet from any shoreline with the exception of boathouses, ramps, docks or retaining walls or 100 feet from the centerline if abutting a federal, state, county or township road. b. Side yard - 6 feet from lotline, 50 feet from any shoreline with the exception of boathouses, ramps, docks or retaining walls or 100 feet from the centerline if abutting a federal, state, county or township road. c. Rear yard - 20 feet from lotline, 50 feet from any shoreline with the exception of boathouses, ramps, docks or retaining walls or 100 feet from the centerline if abutting a federal, state, county or township road.”
Specified — Residential construction and certain temporary housing in county zoning districts.
“Building and Structure Setbacks - one hundred fifty (150) feet from all section lines and the centerline of all township and county roads; or 250 feet from the centerline of all state and federal highways. A setback of 20 feet from all property lines.”
District specific (with conditions) — Buildings in the Rural Residential District.
“Front yard - 20 feet from lot line, or 100 feet from the centerline if abutting a federal, state, county or township road. b. Side yard - 6 feet from lot line, or 100 feet from the centerline if abutting a federal, state, county or township road. c. Rear yard - 20 feet from lot line, or 100 feet from the centerline if abutting a federal, state, county or township road.”
District specific (with conditions) — Buildings in the Recreational District.
“Front yard - 20 feet from lotline, 50 feet from any shoreline with the exception of boathouses, ramps, docks or retaining walls or 100 feet from the centerline if abutting a federal, state, county or township road. b. Side yard - 6 feet from lotline, 50 feet from any shoreline with the exception of boathouses, ramps, docks or retaining walls or 100 feet from the centerline if abutting a federal, state, county or township road.”
Lot coverageNone (with conditions)
Building lot coverage in the Commercial and Industrial Districts.
The ordinance states there are no lot-coverage requirements other than requirements that may exist for fire protection.
“Lot coverage by buildings - No requirements other than those may exist with regard to fire protection.”
4 more reviewed findings on this topic
Specified — Rural Residential District buildings.
“Lot coverage by buildings: Not more than fifty percent of the lot shall be covered by the principal building and all accessory buildings.”
Specified — Principal and accessory buildings in the Recreational District.
“Lot coverage by buildings: Not more than fifty percent of the lot shall be covered by the principal building and all accessory buildings.”
Specified — Rural Residential zoning district lots.
“Lot coverage by buildings: Not more than fifty percent of the lot shall be covered by the principal building and all accessory buildings.”
Specified — Principal and accessory buildings in the Rural Residential District.
“Lot coverage by buildings: Not more than fifty percent of the lot shall be covered by the principal building and all accessory buildings.”
Building heightSpecified
Building height in county-regulated temporary housing camps.
The cited 45-foot maximum applies to skid shacks in temporary housing camps, not necessarily every structure in every zoning district.
maximum building height: <= 45 feet (Skid shacks in temporary housing camps)
“All skid shacks placed at a temporary housing camp shall be subject to the following conditions: [...] Maximum Dimensional Standards 1. Building Height ― 45 feet”
Living in an RVLimited
Commercial recreational-vehicle parks and campgrounds in McHenry County's Recreational District.
The Recreational District is intended for recreational vehicle parks for short-term or seasonal parking.
Commercial campgrounds involving tents and/or recreational vehicles are conditional uses and require a conditional use permit.
Camps and campgrounds operated by nonprofit, charitable, or religious institutions also require a conditional use permit.
Uses not listed as permitted or conditional are prohibited unless amendment or variance procedures are followed.
“This district is intended to provide areas for rural recreational development and those land uses associated with rural vacation or seasonal residential developments and recreational vehicle parks for short-term or seasonal parking. [...] c. Commercial campgrounds (tent and/or recreational vehicle).”
2 more reviewed findings on this topic
Limited — RV occupancy in temporary housing camps, RV parks, man camps, construction camps, and crew housing facilities within the county zoning jurisdiction.
“SECTION 13. RV PARK, TEMPORARY HOUSING FACILITY, MAN CAMP, CONSTRUCTION CAMP, OR CREW HOUSING FACILITY: A. RV Parks, Temporary Housing Facility, Man/Construction/Crew Camps shall be located adjacent to a maintained public or private road. B. Site Plan Approval Required. A site plan with supporting documents must be submitted for review and approval to the Zoning Commission. The plan shall be drawn to scale, and shall provide the following information:”
Limited — RV occupancy in county zoning districts and temporary housing camps.
“All RV’s placed at a temporary housing camp shall be subject to the following conditions: a. Each RV shall be placed on a lot at least 60 feet long and 30 feet wide. b. Each unit shall have a minimum setback of 150 feet from township and county road and 250 feet from state and federal roads.”
Camping on your landLimited
Commercial and institutional camping in McHenry County's Recreational District.
Commercial campgrounds for tents and/or recreational vehicles are conditional uses requiring a conditional use permit.
Camps and campgrounds operated by nonprofit, charitable, or religious institutions are conditional uses requiring a conditional use permit.
The district is intended for short-term or seasonal recreational-vehicle parking.
Unlisted uses are prohibited absent amendment or variance procedures.
“G. CONDITIONAL USES: The following uses shall be considered conditional uses and shall be permitted only after a conditional use permit has been obtained in accordance with these zoning regulations. [...] c. Commercial campgrounds (tent and/or recreational vehicle). d. Camps and campgrounds operated by nonprofit, charitable or religious institutions.”
One more reviewed finding on this topic
Limited — Temporary housing facilities, man camps, construction camps, and crew housing facilities in county-regulated areas.
“A conditional use permit for temporary housing camps will be in effect for one year.”
Manufactured homesLimited
Manufactured and mobile-home occupancy in county zoning districts.
Mobile home parks are conditional uses and subject to Article 2 Section 12 requirements.
Each mobile home in a temporary housing camp must meet lot-size, foundation, emergency-access, road-setback, side-yard, rear-yard, and North Dakota State Health requirements.
minimum mobile-home lot width: >= 60 feet · minimum mobile-home lot area: >= 6000 square feet · front setback from township or county road: >= 150 feet · front setback from state or federal road: >= 250 feet
“Each mobile home shall be placed on a lot at least 60 feet wide with a minimum area of 6,000 square feet.”
Septic inspectionRequired
Final inspection of newly installed onsite sewage treatment systems in McHenry County.
The final inspection must be scheduled before backfilling or covering the system.
Without final inspection and approval, the system is considered unapproved and illegal.
The installer must submit an As-Built Form after installation.
“A final inspection must be scheduled prior to backfilling or covering the new system.”
Mandatory utility hookupConditional
Utility service for RV parks, temporary housing facilities, man camps, construction camps, and crew housing facilities regulated by the county zoning ordinance.
The applicant must provide approved culinary water and sewage and solid-waste disposal.
All services and facilities are provided at the applicant's expense.
Underground utilities are required for mobile-home parks unless waived by the County Commission.
“All services and facilities will be provided at applicant’s expense. Letters of approval for the culinary water and sewage facilities from the First District Health Unit shall be required and a copy provided to the County Auditor.”
Agricultural exemptionAvailable (with conditions)
Agricultural land and buildings used for agriculture or normal incidents of agriculture under the county zoning ordinance.
The exemption is from application of the county zoning ordinance for preventing or restricting agricultural use; other state, health, septic, floodplain, building, or road requirements may still apply.
“Nothing in this ordinance shall be applied for the purpose of preventing or restricting the use of land or buildings for agricultural or any of the normal incidents of agriculture.”
Building in a floodplainLimited
Subdivision and development review where flooding or floodplain conditions affect suitability.
The subdivision regulations identify flooding and drainage as development constraints.
Floodplain relationship, soils, drainage, and waste-disposal capacity may be considered in determining whether a subdivision is premature.
No separate general floodplain-development permit requirement was verified.
“level must be shown for the portion of the plat lying within the floodplain.”
Permit feesPublished (with conditions)
County zoning permits, subdivision plats, conditional uses, variances, zoning amendments, and wind-energy facilities.
The schedule may be altered or amended only by the County Commission.
No action is taken on an application or appeal until applicable fees are paid in full.
The ordinance states that the schedule is posted in the County Auditor's office.
zoning permit fee: 40 USD (Estimated value of improvements less than $10,000) · zoning permit fee: 100 USD (Estimated value of improvements more than $10,000) · subdivision plat fee: 1000 USD · conditional use or variance with structures: 100 USD (Plus fee for value of improvements) · conditional use or variance without new structures: 300 USD · conditional use requiring variance: 500 USD · zoning amendment fee: 200 USD (In addition to zoning fee) · wind energy facility fee: 1000 USD (Plus $300 per tower)
“Less than $10,000 $40.00 More than $10,000 $100.00 Subdivision Plat $1,000.00”
Permit processPublished (with conditions)
County zoning-permit, conditional-use, variance, and zoning-application processes.
No building or structure may be erected, moved, added to, or structurally altered without a zoning permit, except maintenance.
Conditional-use and variance applications require the procedures in the ordinance.
For variances or conditional uses, applications must be submitted by the first Friday of the month and a public hearing occurs on the fourth Thursday, subject to the holiday adjustment stated by the county page.
“No building or structure, shall be erected, moved, added to, or structurally altered without a zoning permit. [...] No permit is required for maintenance of any building or structure which does not structurally alter the building.”
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.”
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.”
Who permits septicMixed (with conditions)
Onsite wastewater systems in McHenry County under North Dakota's state licensing framework and local public-health permitting.
North Dakota DEQ oversees installer licensing.
A local public health unit issues the system permit.
Installers must follow local codes.
“The North Dakota Department of Environmental Quality oversees the licensing of onsite wastewater treatment system installers [...] All installers must obtain a license from the department, which is issued at no cost, and secure a permit from their local public health unit before beginning work on a system.”
One more reviewed finding on this topic
Mixed — On-site wastewater treatment systems statewide in North Dakota.
“The North Dakota Department of Environmental Quality oversees the licensing of onsite wastewater treatment system installers”
Septic permitRequired
Installation of an onsite wastewater treatment system anywhere in North Dakota.
A permit from the applicable local public health unit must be secured before beginning work.
The installer must also obtain a state license from the North Dakota Department of Environmental Quality.
Installers must follow local codes.
“Installers must obtain both a state license and a local public health permit before beginning work.”
One more reviewed finding on this topic
Required — Onsite wastewater system installation in McHenry County.
“All installers must obtain a license from the department, which is issued at no cost, and secure a permit from their local public health unit before beginning work on a system.”
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 — Water-supply wells serving property in McHenry County.
“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 [...] A permit is not needed for wells that draw less than 12.5 acre-feet per year.”
Subdividing landRegulated (with conditions)
Subdivision of land in North Dakota counties that adopt and enforce subdivision regulations under N.D.C.C. chapter 11-33.2; the statute does not apply to subdivisions within city corporate limits or areas of extraterritorial zoning jurisdiction.
A county board of commissioners is empowered, but not required, to regulate subdivision.
A county subdivision resolution may provide for plat submission and preliminary and final approval.
A county may require public improvements and surety or other security as a condition of final plat approval.
A county may approve plats as a prerequisite to subdivision and may establish and collect reasonable fees credited to the county general fund.
If plat approval is required, final approval or disapproval requires recommendations from both the county planning commission and the township supervisors, although those recommendations are not binding; if township supervisors do not respond within sixty days after notification, the county may take final action.
Subdivision rules may not prohibit or prevent farming or the normal incidents of farming.
The statute separately requires floodplain and water-feature information on plats where applicable.
township recommendation response period: 60 days (If the county does not receive the township supervisors' recommendation by certified mail within sixty days after notification, it may take final action.) · plat approval fee: reasonable fees text (The statute authorizes fees but does not set a statewide amount.)
“For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
3 more reviewed findings on this topic
Regulated (with conditions) — Subdivision of land in North Dakota, subject to county adoption and administration of subdivision regulations; the statute excludes subdivisions within city corporate limits and areas subject to a city's extraterritorial zoning jurisdiction.
“For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
Regulated (with conditions) — North Dakota's statewide statutory framework authorizing county regulation of land subdivision; actual regulation depends on county action and does not apply within city corporate limits or applicable extraterritorial zoning areas.
“the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
Regulated (with conditions) — County subdivision regulation authority throughout North Dakota, subject to exclusions for city corporate limits and applicable city extraterritorial zoning jurisdiction.
“the board of county commissioners of any county is hereby empowered to regulate and restrict within the county the subdivision of land.”
Driveway accessLimited
Driveway and other access connections involving the North Dakota State Highway System, including controlled-access facilities and driveways within state highway right-of-way.
The North Dakota statute applies specifically to controlled-access facilities; access is available only at designated points and on terms and conditions specified from time to time.
NDDOT maintains access control on the State Highway System, and proposed changes to access require contact with the District Engineer for coordination.
For a driveway on state highway right-of-way, the NDDOT driveway permit must be granted before the permitted work proceeds; failure to construct the drive approach as permitted may result in cancellation and removal or correction at the landowner's expense.
A driveway is not complete until checked and approved by NDDOT; surfacing may be omitted on field entrances if specified in the application.
The driveway may be used only to provide entrance to and exit from the landowner's property.
A driveway or improvement on the highway right-of-way may not be altered or relocated without permission of the NDDOT District Engineer.
NDDOT supervises the location, construction, and maintenance of driveways and may direct future removal, relocation, or maintenance; NDDOT may diminish or expand use as required for highway-traffic safety.
“No driveway, or improvement constructed on the highway right-of-way shall be altered or relocated without permission of the District Engineer of NDDOT.”
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 McHenry 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 in McHenry County.
Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.
Living off-grid in McHenry County, North Dakota
Is McHenry County a good place to live off-grid or homestead?
McHenry County scores 47/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 1,684 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (18″/yr rainfall).
Do you need a building permit in McHenry County, North Dakota?
McHenry 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 First District Health Unit (FDHU), Environmental Health Division. 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 McHenry County, North Dakota?
Land in McHenry County runs about $1,533 per acre, based on the latest county data.
What is the water situation in McHenry County?
McHenry County gets about 18" of rain a year, with severe drought in roughly 11.4% of years.
How remote is McHenry County?
A typical private-land location has about 1,684 people within 15 miles and 230,444 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.
