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

At a glance

Building permit

Required for covered structures in the county zoning jurisdiction¹

Zoning

Yes; parcel rules depend on the county district or separate local jurisdiction⁵²

Permit fee

Based on construction cost, with published residential and commercial limits⁶

Septic

First District Health Unit permit required before onsite-system work⁷⁸

RV living

Private-land occupancy rule not confirmed; ask the Land Use Administrator⁵

Tiny home

No distinct county rule confirmed; zoning and permit review still apply¹⁹

Private well

State appropriation permit depends on annual withdrawal¹⁰

Who to call

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

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

Yes. McLean County requires a building permit whenever a structure is moved onto, constructed on or altered on property within the county zoning jurisdiction.¹ Ordinary maintenance or repair does not require a permit unless the work changes structural strength, the plan or mechanical installations.¹ Approval must come before movement or construction begins, and the permit remains posted during construction until the structure is complete or ready for use.¹

The residential fee is one-tenth of one percent of construction cost, with a $90 minimum and $500 maximum; the commercial maximum is $1,000.⁶ The county's reviewed materials establish a zoning permit process but do not confirm which building code, if any, McLean County itself enforces. North Dakota maintains a state building-code framework, but enforcement belongs to jurisdictions that elect to adopt and enforce it.¹¹ Ask McLean County Planning and Zoning which construction standards and inspections apply to the specific parcel.¹²

Who issues building permits in McLean County?

McLean County Planning and Zoning administers the county zoning ordinance and is the practical first call for a rural building project.¹² The office is at 712 5th Avenue in Washburn and can be reached at (701) 462-8806.¹²

The application package requires a completed building-permit application, site plan, floor plans, any applicable First District Health Unit septic permit and the calculated fee.¹³ If the project needs a variance, obtain variance approval before submitting the building-permit application.¹³ The application materials direct completed filings and payment to the Land Use Administrator at McLean County, PO Box 1108, Washburn, ND 58577-1108.¹³

The county permit applies within McLean County's jurisdiction; separately zoned cities and the Fort Berthold Reservation administer their own ordinances.² Confirm the governing jurisdiction before relying on the county form.²

Does McLean County have zoning?

McLean County has county zoning and divides land into Agricultural, Residential, Commercial, Industrial, Recreational, Conservation and Municipal Airport Zone districts.⁹ Actual district boundaries come from the county zoning map, so a mailing address or rural appearance does not establish the parcel's district.⁹

Benedict, Butte, Coleharbor, Garrison, Max, Mercer, Riverdale, Ruso, Turtle Lake, Underwood, Washburn and Wilton are listed as having their own zoning ordinances, as is the Fort Berthold Reservation.² The ordinance says no organized township in McLean County has adopted a zoning ordinance.² That jurisdiction split matters: a city parcel should be checked with the city rather than treated as county-administered land.²

Single-family dwellings are limited to 35 feet in height and accessory structures to 25 feet.¹⁴ Where public water and sewer do not serve a lot, the minimum width is 150 feet and the minimum area 65,000 square feet, rising to 80,000 square feet where soils have severe septic limitations.¹⁵ The reviewed county materials do not confirm a general minimum dwelling size, a distinct tiny-home category or a general driveway permit rule. Before buying, ask McLean County Planning and Zoning to identify the district, allowed residential use, setbacks and any variance needed for the parcel.¹²

How do septic permits work in McLean County?

First District Health Unit requires a permit before installation or repair of any part of an onsite sewage treatment system in McLean County.⁴ Apply when a proposed building will produce sewage or wastewater and no community septic system is available.⁴ First District then evaluates the site, samples the soil, and determines the system location and design; every design must be completed or approved by the health unit.⁴

Installation may be performed by a North Dakota Department of Environmental Quality-licensed septic contractor or by a certified property owner.⁴ A homeowner installing or repairing a personal system still needs the permit and must complete the required owner certification before doing the work.⁴ Schedule the final inspection before the system is backfilled or covered.⁴

About 66.1% of county soils are rated without severe limitations for a conventional drain field, but that countywide share cannot replace parcel soil testing.¹⁶ Contact First District Environmental Health at 701-837-5121 before finalizing the house location or septic layout.⁴

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

In McLean County's zoning jurisdiction, an RV may not be used as living quarters on an undeveloped residential lot, where up to two unoccupied RVs may be stored.¹⁷ The one exception is an owner building or remodeling a home: one RV may house the owner for up to one year, unless extended by the Zoning Commission, with written approval from the Land Use Administrator, an approved site plan, a building permit and a construction schedule, and it must leave within seven days after the home is finished.¹⁷ Guest use is capped at four days at one time or sixteen days in a calendar year, and gray water or sewage discharge is prohibited.¹⁸ The county does not define tiny homes as a separate use in the materials we reviewed, so a tiny home is a parcel-specific zoning and building-permit question.¹

Cities and the Fort Berthold Reservation apply their own ordinances, so these county limits cover only land under county zoning.² Ask McLean County Planning and Zoning whether the proposed occupancy is an allowed use in the mapped district, whether a conditional use or variance is necessary, and which setbacks apply.¹² If the unit produces sewage and no community system is available, First District Health Unit requires an onsite wastewater permit.⁴

In the county's Recreational District, mobile homes are listed as allowed on permanent-type foundations on single lots, with a building permit.¹⁹ A new manufactured home used as a residence must be installed by a state-licensed installer and inspected by a state-licensed inspector.²⁰ That manufactured-home rule does not itself decide whether a tiny home or RV is allowed on a particular McLean County parcel.⁹

Building a home in McLean County: steps in order

1. Identify whether the parcel is under McLean County zoning or a separately zoned city or reservation jurisdiction.²
2. Ask McLean County Planning and Zoning to confirm the mapped district, allowed use, setbacks and whether a variance is needed.¹²
3. If no community sewer is available, apply to First District Health Unit early enough for site evaluation, soil sampling and system design.⁴
4. Prepare the county package: completed application, site plan, floor plans, applicable septic permit and calculated fee.¹³
5. Obtain any required variance approval before filing the building-permit application.¹³
6. Wait for approval before moving a structure onto the property or beginning construction, then post the permit through completion or readiness for use.¹
7. Arrange the septic final inspection before backfilling or covering the system.⁴

For a private well, annual withdrawals over 12.5 acre-feet require a state water-appropriation permit; lower domestic and livestock uses must still be reported after construction.¹⁰

What should you check before buying land in McLean County?

Start with jurisdiction and zoning: confirm who regulates the parcel and obtain the mapped county district before assuming a house, RV or accessory dwelling will be allowed.²⁹ Check septic feasibility before choosing a building pad because First District Health Unit evaluates soils and controls system location and design.⁴

For water planning, a North Dakota appropriation permit is required when annual withdrawal exceeds 12.5 acre-feet, while qualifying lower-volume domestic and livestock wells do not need that permit but must be reported after construction.¹⁰ About 91.2% of McLean County land has a slope of 15% or less, but parcel contours still govern grading, drainage and access.²¹

The countywide effective property-tax rate is about 0.7%, and the median annual property-tax bill is $1,748; use the parcel record rather than those benchmarks for a purchase budget.²²²³ In a special flood hazard area under county jurisdiction, a floodplain development permit from the Land Use Administrator is required before any construction or development begins.²⁴ The reviewed materials do not confirm a general county driveway permit, so ask Planning and Zoning before closing.¹²¹²

Watch-outs

• A county building permit is not proof that every applicable construction-code or inspection question has been resolved; ask Planning and Zoning what standards apply to the parcel.¹²
• Do not cover a new septic system before First District Health Unit's final inspection.⁴
• A city address may fall under a separate local zoning ordinance rather than county administration.²

Sources

1. Revised McLean County Zoning Ordinance, quoted and re-checked
2. Revised McLean County Zoning Ordinance, quoted and re-checked
3. First District Health Unit - Septic (Onsite Wastewater) Systems (2026 county census)
4. First District Health Unit Environmental Health Division (fdhu.org)
5. Revised McLean County Zoning Ordinance, quoted and re-checked
6. McLean County Building Permit Application, quoted and re-checked
7. Revised McLean County Zoning Ordinance, quoted and re-checked
8. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
9. Revised McLean County Zoning Ordinance, quoted and re-checked
10. Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
11. Building Codes (North Dakota statewide rule), quoted and re-checked
12. McLean County Planning and Zoning (mcleancountynd.gov)
13. McLean County Building Permit Application, quoted and re-checked
14. Revised McLean County Zoning Ordinance, quoted and re-checked
15. Revised McLean County Zoning Ordinance, quoted and re-checked
16. 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
17. Revised McLean County Zoning Ordinance, quoted and re-checked
18. Revised McLean County Zoning Ordinance, quoted and re-checked
19. Revised McLean County Zoning Ordinance, quoted and re-checked
20. Manufactured Home Installation Program (North Dakota statewide rule), quoted and re-checked
21. Share of land at 15% slope or less: Bolthole Index county data
22. Effective property tax rate: Bolthole Index county data
23. Median property tax bill: Bolthole Index county data
24. Revised McLean County Zoning Ordinance, 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.