Bolthole Index

Mercer County, North Dakota

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

48Index Score / 100
#31 of 53 in North Dakota

Unincorporated Mercer County, North Dakota uses county zoning and land-use permit applications, but we could not confirm that every new home needs a general building permit12. Ask the Land Use Administrator which approvals apply; applications requiring a Planning and Zoning meeting are due at least 3 weeks beforehand2. Non-agricultural soil-absorption septic systems need a permit, with Western Plains Public Health publishing the application34.

At a glance

Building permit
County land-use applications apply; ask whether the project also needs a general building permit52
Zoning
Yes, outside incorporated-city zoning jurisdictions and the Fort Berthold Indian Reservation1
Septic permit
Required for non-agricultural soil-absorption systems; apply through Western Plains Public Health34
RV living
Limited: in the Agricultural District, an RV on land owned by its titleholder may be occupied only by the owner or relatives; other districts not confirmed62
Tiny home
Not confirmed; manufactured homes are allowed in R-1 to R-4 districts if they meet the single-family dwelling standards78
Owner-builder
No permit exemption confirmed; a discretionary property-tax exemption exists only if the county has passed a resolution9
Residential setbacks
District-specific; residential districts use road, side and rear setbacks10
Private well
A state appropriation permit applies above 12.5 acre-feet per year11

Who to call

Zoning

Mercer County Land Use Administrator

Planning, zoning and county land-use applications outside excluded jurisdictions

701-745-3294

jlneumiller@nd.gov

410 Van Slyck Ave, Stanton, ND 58571

Septic permits

Western Plains Public Health, Environmental Health

Onsite sewage treatment system applications for Mercer County

701-667-3370

eh@westernplainsph.org

403 Burlington St SE, Mandan, North Dakota 58554

Online permits →

Roads & driveways

Mercer County Highway Department

County-road approach permits

Online permits →

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 Mercer County, North Dakota?

Mercer County administers zoning and land-use applications outside incorporated-city zoning jurisdictions and the Fort Berthold Indian Reservation12. We could not confirm that every new house in unincorporated Mercer County needs a general building permit, so ask the Land Use Administrator which land-use, conditional-use or construction approvals apply to the parcel2. Applications requiring a Planning and Zoning meeting are due at least 3 weeks before the meeting because public notice is required122. North Dakota's state building code took effect in 2026, but a county, city or township administers that code only if it elects to do so; North Dakota law lets a county that does so require building permits for structures under county zoning in unincorporated areas13, but we could not confirm Mercer County adoption or enforcement14. Mercer County's zoning ordinance leaves permit fee schedules to the Planning Commission, subject to County Commission approval, and we found no published general fee amount15. A nonresidential agricultural building can be exempt from the state building-code chapter, but a place of human habitation or a building used by the public does not qualify for that exemption16.

Who handles Mercer County permits, and how do you reach them?

The Mercer County Land Use Administrator handles planning, zoning and land-use applications; call 701-745-3294 or email jlneumiller@nd.gov before designing around a particular parcel2. The county schedules Planning and Zoning meetings when permit applications require them, and the application deadline is at least 3 weeks before the meeting2. For a new subdivision, Mercer County requires compliance with its subdivision chapter and North Dakota subdivision regulations, with preliminary and final plat review built into the process17. A driveway connecting to a county roadway uses the Mercer County Highway Department's drive-permit form, which lists a $50 charge per approach and requires the completed drive to be checked and approved by the department18. Construction or development in a special flood-hazard area also needs a permit before work begins from the Mercer County Floodplain Administrator19.

Does Mercer County have zoning?

Mercer County zoning applies outside the Fort Berthold Indian Reservation and outside the zoning jurisdictions of incorporated cities1. Parcels inside those excluded areas may answer to a city or reservation authority instead of the county ordinance20. The official zoning map is kept on file with the Mercer County Auditor, so confirm the district before judging what a parcel can support8. Residential district rules are concrete rather than countywide: the cited residential standards include different road-front setbacks, a 10-foot side setback, a 25-foot rear setback and a 35-foot height maximum1021. The R-4 Mobile Home District has an 80,000-square-foot minimum lot and a 150-foot minimum width22. Those figures should not be applied to every parcel, because the requirements depend on the zoning district2210.

How do septic permits work in Mercer County?

A non-agricultural land use with a soil-absorption sewage system in Mercer County zoning territory must obtain a construction permit from the county sanitarian or the county's designated substitute323. North Dakota also requires an onsite-system installer to hold a state license and secure a local public health permit before work begins24. Western Plains Public Health publishes the application for Mercer County and accepts completed applications by email at eh@westernplainsph.org4. Only about 12.8% of Mercer County soils are rated without severe limitations for a conventional septic drain field, so make the site evaluation an early contingency rather than assuming a standard field will fit25. Statewide, the permitting authority or its representative must inspect an installed onsite system within 1 business day after the inspection is requested, so ask Western Plains Public Health how to request that inspection before you cover the system264.

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

Mercer County's zoning ordinance gives a limited answer for RVs: in the Agricultural District, a recreation vehicle on a parcel owned by the person who holds title to it is allowed only if it is unoccupied or occupied by the owner or persons related to the owner by blood, marriage or adoption6. We could not confirm RV living in other districts or by non-relatives, and we found no county rule on tiny homes or temporary camping, so confirm the parcel's district with the Land Use Administrator before purchase28. While you build, the R-1 district allows a temporary mobile home for the landowner as a conditional use for up to 2 years, removed within 60 days after the owners move into the new house, and the county may require a bond27. A HUD manufactured home can serve as a single-family residence in the R-1 through R-4 districts if it meets the county's single-family dwelling standards, including at least 1,000 square feet of above-ground living area and a minimum 24-foot width and depth, plus the district's lot and setback rules7. A new manufactured home installed for residential use in North Dakota must be installed by a state-licensed installer and inspected by a state-licensed inspector28. The state's 14-night rule applies to state-park campsites and cabins and does not answer private-land camping29.

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

  1. Ask the Mercer County Land Use Administrator to identify the parcel's zoning district, jurisdiction and required land-use application; call 701-745-3294 or email jlneumiller@nd.gov28.
  2. Submit any application needing a Planning and Zoning meeting at least 3 weeks before the meeting12.
  3. Check the district's lot, setback and height rules before fixing the house site221021.
  4. Apply to Western Plains Public Health before installing a soil-absorption septic system, and resolve the drain-field site early because only about 12.8% of county soils avoid severe conventional-system limitations4325.
  5. If access connects to a county roadway, use the Highway Department drive permit and budget its $50-per-approach charge18.
  6. If the site is in a special flood-hazard area, obtain the county floodplain permit before construction or development begins19.

What should you check before buying land in Mercer County?

Start with jurisdiction: county zoning excludes the Fort Berthold Indian Reservation and incorporated-city zoning jurisdictions, so the governing office can change across Mercer County120. Next, verify the official zoning map and district standards with the Mercer County Auditor and Land Use Administrator82. Septic feasibility deserves an actual site review because only about 12.8% of county soils are rated without severe limits for a conventional drain field25. Water planning matters in this dry climate: Mercer County averages about 17.3 inches of precipitation a year, while a North Dakota water-appropriation permit is required when annual withdrawal exceeds 12.5 acre-feet3011. About 75.3% of the county is at a slope of 15% or less, but flood-hazard land triggers a separate county development permit3119. Owner-builders should note that North Dakota's builder property-tax exemption is discretionary, applies only where the county has passed a resolution allowing it, and is not a building-permit exemption9. The effective property-tax rate is about 1.1%, with a median annual bill near $2,1013233.

Watch-outs

  • Do not treat a zoning or conditional-use approval as proof that no separate construction requirement applies; ask the Land Use Administrator to identify every approval for the specific project212.
  • Mercer County's zoning ordinance does not govern the Fort Berthold Indian Reservation or incorporated-city zoning jurisdictions, so confirm who has authority over the parcel before relying on county standards1.
  • A county-road approach has its own Highway Department permit, and the form says the completed drive must be checked and approved18.
  • A driveway onto a state highway needs a North Dakota Department of Transportation driveway permit granted before the work starts, and the driveway is not complete until NDDOT checks and approves it34.

Sources

  1. mercercountynd.com, quoted and re-checked
  2. Mercer County Land Use Administrator (mercercountynd.com)
  3. mercercountynd.com, quoted and re-checked
  4. Western Plains Public Health, Environmental Health (westernplainsph.org)
  5. Mercer County Planning & Zoning (2026 county census)
  6. Mercer County Zoning Ordinance Chapter Three - Zoning Districts, quoted and re-checked
  7. Chapter One Introduction & Definitions, quoted and re-checked
  8. Chapter Three Zoning Districts, quoted and re-checked
  9. Property Tax Exemption for Builders of Certain New Single Family Residential Properties (North Dakota statewide rule), quoted and re-checked
  10. Chapter Three Zoning Districts, quoted and re-checked
  11. Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
  12. Mercer County Planning and Zoning, quoted and re-checked
  13. North Dakota Century Code, Chapter 54-21.3 — State Building Code (North Dakota statewide rule), quoted and re-checked
  14. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule), quoted and re-checked
  15. Mercer County Zoning Ordinance Chapter Five - Administration and Enforcement, quoted and re-checked
  16. North Dakota Century Code Chapter 54-21.3, State Building Code (North Dakota statewide rule), quoted and re-checked
  17. Mercer County Zoning Ordinance Chapter Six - Subdivision Regulations, quoted and re-checked
  18. Mercer County Highway Department (mercercountynd.com)
  19. Chapter Seven Flood Damage Prevention, quoted and re-checked
  20. mercercountynd.com, quoted and re-checked
  21. Chapter Three Zoning Districts, quoted and re-checked
  22. Chapter Three Zoning Districts, quoted and re-checked
  23. mercercountynd.com, quoted and re-checked
  24. On-Site Wastewater Treatment Systems (North Dakota statewide rule), quoted and re-checked
  25. 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
  26. North Dakota Administrative Code, Chapter 33.1-21-01: Onsite Wastewater Treatment System Installers Licensing Systems (North Dakota statewide rule), quoted and re-checked
  27. Chapter Three Zoning Districts, quoted and re-checked
  28. Manufactured Home Installation Program (North Dakota statewide rule), quoted and re-checked
  29. Parks and Recreation FAQ (North Dakota statewide rule), quoted and re-checked
  30. Annual precipitation: Bolthole Index county data
  31. Share of land at 15% slope or less: Bolthole Index county data
  32. Effective property tax rate: Bolthole Index county data
  33. Median property tax bill: Bolthole Index county data
  34. North Dakota Century Code Chapter 24-01, State Highway System (North Dakota statewide rule), 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, Mercer County has countywide zoning.

RuleMercer CountyOliver CountyMcLean CountyDunn CountyMorton CountyStark CountyBurleigh County
Building permitRequiredRequiredRequiredLimitedRequiredRequiredRequired
County zoningYesYesYesYesYesYesYes
Septic permitsWestern Plains Public HealthWestern Plains Public HealthFirst District Health UnitND DEQWestern Plains Public HealthSouthwestern District Health UnitCounty Building/Planning/Zoning Dept.

County locator

Mercer County in North Dakota

48
County map
Mercer County highlighted among the North Dakota counties · colored by Index score

How Mercer County scores

Seclusion80100% ev.
Self-Sufficiency19100% ev.
Admin Boringness4590% ev.
Durability47100% ev.
Property Autonomy73100% ev.
Carry Cost79100% 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 →

$242kTypical home
1.1%Property tax
$1,277Land / acre
17.3"Annual rain
9.4% of yrsSevere drought
6.7 / yr (+5.7)Mid-century 100°F days
21.2 daysMid-century dry spell
1.2" (+6.3%)Mid-century 1-day rain
1.43×Wildfire change factor
100%Forward climate coverage
$2,124Home insurance / yr
1.2% / yrInsurance growth
0.83%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
21,935People within 2 hr
4,872Radius comparison (15 mi)
8People / sq mi
8.4%Federal land
75.3%Land at 15% slope or less
12.8%Soils rated "not limited" for septic (strict USDA rating)
79,927 acWorkable land screen
4.4%Wooded land
14.3 tonsBiomass / forest ac
42.1°FAvg temp

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Cities and towns in Mercer 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.

Beulah · Golden Valley · Hazen · Pick City · Stanton · Zap

Answers from the rulebook for Mercer County

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

Mercer County rules

  • County-wide zoningPresent (with conditions)

    Mercer County zoning outside the Fort Berthold Indian Reservation and outside incorporated-city zoning jurisdictions.

    • The ordinance excludes the Fort Berthold Indian Reservation.
    • The ordinance excludes the zoning jurisdictions of incorporated cities in Mercer County.
    • The ordinance states that each new use must comply beginning June 3, 1975.
    “The Mercer County Zoning Ordinance shall apply to the area of Mercer County exclusive of the Fort Berthold Indian Reservation and the zoning jurisdictions of the incorporated cities of Mercer County.”
    One more reviewed finding on this topic
    • Present — Mercer County zoning jurisdiction outside the Fort Berthold Indian Reservation and incorporated-city zoning jurisdictions.
      “exclusive of the Fort Berthold Indian Reservation”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across Mercer County; the county regulates its unincorporated jurisdiction while incorporated cities retain their own zoning jurisdictions.

    • County zoning does not apply inside incorporated-city zoning jurisdictions.
    • The Fort Berthold Indian Reservation is excluded from the county ordinance.
    “the zoning jurisdictions of the incorporated cities”
    One more reviewed finding on this topic
    • Varies (with conditions) — Zoning across Mercer County, aggregated across county unincorporated territory, the Fort Berthold Indian Reservation, and incorporated municipalities.
      “The Mercer County Zoning Ordinance shall apply to the area of Mercer County exclusive of the Fort Berthold Indian Reservation and the zoning jurisdictions of the incorporated cities of Mercer County.”
  • Zoning districtsPublished (with conditions)

    Mercer County zoning districts and the official district zoning map in county zoning territory.

    • The District Zoning Map is adopted by reference as part of the ordinance.
    • The map remains on file with the Mercer County Auditor and is the official record of the initial division and classification of county lands into zoning districts.
    • The ordinance excludes the Fort Berthold Indian Reservation and incorporated-city zoning jurisdictions.
    “The District Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance. The District Zoning Map shall remain on file with the Mercer County Auditor at all times and shall constitute the official record of the initial division and classification of the lands of Mercer County into zoning districts.”
  • Minimum lot sizeSpecified

    Residential and mobile-home zoning districts in unincorporated Mercer County.

    • Requirements vary by zoning district.
    • For R-4, the minimum lot size is 80,000 square feet.
    • For R-4, the minimum lot width is 150 feet.

    minimum lot size: 80000 square feet (R-4 Mobile Home District) · minimum lot width: 150 feet (R-4 Mobile Home District)

    “R-4 District Regulations 1. Minimum lot size: 80,000 sq. ft. 2. Minimum lot width: 150 feet”
  • SetbacksSpecified

    R-1 through R-4 residential zoning districts in unincorporated Mercer County.

    • Front setbacks are 200 feet from state and federal highways, 100 feet from county roads, and 25 feet from frontage roads and local streets.
    • Side setbacks are 10 feet from all side lot lines.
    • Rear setbacks are 25 feet from rear lot lines.
    • Water setback and water buffer-strip requirements also apply.

    front setback from state/federal highways: 200 feet · front setback from county roads: 100 feet · front setback from frontage roads/local streets: 25 feet · side setback: 10 feet · rear setback: 25 feet

    “A minimum of 200 feet from lot lines fronting on state and federal highways. [...] A minimum of 100 feet from lot lines fronting on county roads. [...] A minimum of 25 feet from lot lines fronting on frontage roads and local streets.”
  • Building heightSpecified

    R-1 through R-4 residential zoning districts in unincorporated Mercer County.

    • The cited 35-foot maximum applies to the R-1, R-2, R-3, and R-4 district requirements.

    maximum height: 35 feet (R-1 through R-4 district requirements)

    “2. Maximum height requirements - 35 feet.”
  • Living in an RVLimited

    Recreation vehicles on parcels in the Mercer County Agricultural District.

    • The recreation vehicle must be situated on a parcel owned by the same person who holds title to the recreation vehicle.
    • It must be unoccupied or occupied only by the owner or persons related to the owner by blood, marriage, or adoption.
    “Recreation vehicle situated on a parcel of land whose ownership is in the same person as is title ownership of the recreation vehicle, provided the recreation vehicle is unoccupied or is occupied only by its owner or persons related to said owner by blood, marriage or adoption.”
  • Manufactured homesAllowed

    HUD manufactured dwellings used as single-family residences in Mercer County R-1, R-2, R-3, and R-4 zoning districts.

    • The dwelling must meet Mercer County's definition of Dwelling, Single Family.
    • A single-family dwelling is designed to be located on a permanent foundation.
    • The single-family dwelling must have a minimum overall front width of 24 feet, minimum overall depth of 24 feet, minimum above-ground living area of 1,000 square feet, minimum ceiling height of 7 feet 6 inches, and perimeter wall support.
    • R-2, R-3, and R-4 district provisions incorporate or reference uses permitted in R-1; R-2 and R-4 separately permit mobile homes on permanent foundations.
    • Applicable lot-size, setback, water-setback, buffer-strip, and other district requirements still apply.

    minimum overall front width: >= 24 feet · minimum overall depth: >= 24 feet · minimum above-ground living area: >= 1000 square feet · minimum ceiling height: 7 feet 6 inches

    “Dwellings, Single-family; Includes Conventional, Manufactured, and Modular Dwellings. [...] R-3 Permitted Uses -- 1. All uses permitted in R-1 and R-2 Districts.”
    One more reviewed finding on this topic
    • Limited — Temporary mobile-home residential occupancy in the Mercer County R-1 zoning district while a landowner constructs a new single-family dwelling.
      “Temporary Mobile Home Residential occupancy [...] for a period not to exceed two (2) years [...] A bond may be required prior to approval.”
  • Who permits septicCounty (with conditions)

    Non-agricultural land uses involving soil-absorption sewage disposal systems in Mercer County zoning territory.

    • The permit is obtained from the county sanitarian, or from a person designated by the Board of County Commissioners if the county sanitarian is absent.
    “Non-agricultural land uses involving a soil absorption sewage disposal system shall be required to obtain a permit to construct a sewage disposal system from the county sanitarian or, in his absence, from a person designated by the Board of County Commissioners.”
  • Septic permitRequired

    Non-agricultural land uses involving a soil-absorption sewage disposal system in Mercer County zoning territory.

    • The requirement applies to non-agricultural land uses.
    • The permit is to construct a sewage disposal system.
    • The issuing authority is the county sanitarian, or a person designated by the Board of County Commissioners in the sanitarian's absence.
    “Non-agricultural land uses involving a soil absorption sewage disposal system shall be required to obtain a permit to construct a sewage disposal system from the county sanitarian or, in his absence, from a person designated by the Board of County Commissioners.”
  • Subdividing landRegulated (with conditions)

    Subdivision and re-subdivision of land in unincorporated Mercer County.

    • The subdivision must comply with the Mercer County ordinance and all State of North Dakota subdivision regulations.
    • Final-plat applications must be submitted at least ten days before the meeting.
    • The final plat must be submitted within two months after preliminary-plat approval unless extended by the Planning Commission.

    final plat application lead time: >= 10 days · final plat submission after preliminary approval: <= 2 months (Unless the Planning Commission grants a longer period.)

    “No person shall cause or create a subdivision or re-subdivision of land except in compliance with the provisions of this Chapter, other requirements of this Ordinance, and all State of North Dakota subdivision regulations.”
  • Building in a floodplainRequired

    Construction or development within an area of special flood hazard in Mercer County zoning territory.

    • A permit must be obtained before construction or development begins.
    • The permit must include the lowest-floor elevation and flood-proofing elevation information.
    • For non-residential structures, certification by a registered professional engineer or architect is required for flood-proofing methods.
    “Before any construction or development begins within an area of special flood hazard, a permit shall be obtained from the Mercer County Floodplain Administrator, hereinafter referred to as the responsible person.”
  • Permit feesVariable (with conditions)

    Mercer County zoning applications and permits.

    • Fee schedules are established by the Planning Commission subject to approval by the Board of County Commissioners.
    • The opened official source did not provide a general fee amount.
    “Establish bonding, fee schedules and accounting, thereof, subject to the approval of the Board of County Commissioners.”
  • Permit processPartial

    Mercer County planning and zoning applications.

    • Applications are due at least three weeks before the meeting because of public-notice requirements.
    • Meetings are tentatively scheduled for the second Wednesday of each month at 7 p.m.
    • Applicants must contact the Land Use Administrator to obtain an application or be placed on the agenda.

    application lead time: >= 3 weeks (Due to public notice requirements.)

    “Mercer County Planning and Zoning meetings are scheduled dependent upon permit applications. Due to public notice requirements, applications are due at least 3 weeks prior to the meeting. If no items are brought forth for the agenda, there typically is no meeting. Meetings are tentatively scheduled for the second Wednesday of each month at 7pm, currently being held at the Beulah Civic Center. The agenda will be posted to the website at least one week prior to the meeting.”
    One more reviewed finding on this topic
    • Partial — Mercer County planning and zoning permit applications.
      “applications are due at least 3 weeks prior to the meeting”
  • Building permitRequired

    Mercer County administers a county zoning ordinance and requires permit applications (submitted ahead of the Planning & Zoning meeting) for development outside municipal boundaries, handled by the county Land Use Administrator.

    Mercer County Planning & 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.”
  • 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.”
  • InspectionsRequired

    Factory-built modular residential or commercial structures manufactured in North Dakota or intended for placement in North Dakota, where the manufacturer produces two or more modular residential or commercial structures per year.

    • The manufacturer must contract with a third party for inspection during the manufacturing process in the factory.
    • The third-party inspector must be approved as a certified third-party inspector by the Division of Community Services.
    • The inspection covers applicable building, electrical, fire, and plumbing codes and standards.
    • When a certified third-party inspector monitors compliance during factory manufacturing, no further inspection by state or local building, electrical, fire, or plumbing inspectors may be required for that structure during the manufacturing process in the factory.
    • The statutory provision does not apply to a factory manufacturing fewer than two residential or commercial structures per year; the Commerce program page states that manufacturers producing less than two modular structures per year are exempt but must submit a yearly certification of exemption.

    annual modular structures produced: >= 2 structures/year (Factories producing fewer than two residential or commercial structures per year are exempt from the statutory provision; the Commerce program page requires a yearly certification of exemption.)

    “shall contract with a third party for the inspection of the structure for compliance with all applicable building, electrical, fire, and plumbing codes and standards”
    One more reviewed finding on this topic
    • Limited — Factory-built modular residential or commercial structures manufactured in North Dakota.
      “The manufacturer of a modular residential or commercial structure that is built in a factory shall contract with a third party for the inspection [...]”
  • 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.”
  • Lot coverageDistrict specific (with conditions)

    Local city zoning regulations governing the percentage of a lot that may be occupied.

    • The actual lot-coverage percentage is established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • The regulation is subject to chapter 54-21.3.
    “the percentage of lot that may be occupied”
  • 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
  • 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.”
    One more reviewed finding on this topic
    • 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.”
  • 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 Mercer 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.

  • Camping on your land
  • 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 Mercer County.
  • Mandatory utility hookup — Water and sewer connection requirements in unincorporated Mercer 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 Mercer County, North Dakota

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

Mercer County scores 48/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 4,872 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (17.3″/yr rainfall).

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

Mercer County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Western Plains Public 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 Mercer County, North Dakota?

Land in Mercer County runs about $1,277 per acre, based on the latest county data.

What is the water situation in Mercer County?

Mercer County gets about 17.3" of rain a year, with severe drought in roughly 9.4% of years.

How remote is Mercer County?

A typical private-land location has about 4,872 people within 15 miles and 274,214 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Mercer compares in North Dakota

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