Building permits, zoning and land rules in Emery County, Utah
39Index Score / 100 #24 of 29 in Utah
Unincorporated Emery County, Utah requires a building permit and zoning clearance for most structures12. Emery County Building & Zoning handles those approvals, while Southeast Utah Health Department requires a septic permit and plan-design approval where public sewer is unavailable345. Owner-builders may qualify for a state contractor-license exemption, but county permits, inspections and occupancy approval still apply67.
At a glance
Building permit
Required for construction in unincorporated Emery County18
Zoning
County zoning applies outside incorporated city limits29
Septic permit
Southeastern Utah District Health requires a permit and plan-design approval where public sewer is unavailable45
Minimum dwelling size
800 square feet for a dwelling in unincorporated Emery County10
Unincorporated home site
A-1 dwellings need at least 10 acres and 1,000 zoning-clearance points11
Owner-builder
State contractor-license exemption available, but county approvals still apply6
Private well
A valid water right and state Start Card are required before construction12
RV or tiny-home living
Confirm the proposed use and zoning district with Building & Zoning133
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Do you need a building permit in Emery County, Utah?
Yes. Unincorporated Emery County requires an owner or authorized agent to obtain a permit before construction, enlargement, alteration, repair, moving, demolition, an occupancy change, or regulated electrical, gas, mechanical or plumbing work1. Listed exemptions include a one-story detached accessory structure of no more than 200 square feet and a fence no more than 6 feet high1. Zoning clearance comes first2. Emery County says it follows the 2021 residential, building, plumbing, mechanical, fuel-gas, energy-conservation and existing-building codes, the 2020 electrical code and the Utah Wildland Urban Interface Code, all with Utah amendments8. The minimum permit fee is $50, with the actual fee based on project valuation and possible plan-check charges14. A qualifying owner-builder remains subject to county permits6.
Who is the Emery County building department, and how do you reach it?
Emery County Building & Zoning is the first stop for construction outside incorporated city limits; the office lists (435) 381-3555, building@emery.utah.gov and 75 East Main, Room 106, Castle Dale3. Inside city limits, contact the applicable city or town office because local zoning and building requirements vary9. After zoning approval, submit the building-permit form with the applicable plans and specifications; the Building Official issues the permit after determining that the plans meet building regulations15. County-permitted work requires inspections, including applicable electrical, plumbing and mechanical tests, with at least 24 hours' notice16. Leave inspectable work uncovered16. Occupancy must wait for final inspection and a Certificate of Occupancy or an authorized temporary occupancy permit7.
Does Emery County have zoning?
Yes. Emery County requires zoning approval for structures in unincorporated areas, while cities and towns apply their own local rules29. The county's published map shows A-1 Agricultural, I-1 Industrial, M-1 Mountain, and MG & R-1 Mining, Grazing & Recreation districts, but the map is labeled unofficial, so confirm the parcel's current district with Building & Zoning17. An A-1 dwelling needs at least 10 acres and 1,000 points under the county's zoning-clearance system11. A-1 buildings generally need a front setback of at least 55 feet from a public-road centerline or 30 feet from the right-of-way, whichever is greater, while dwellings need 10-foot side and rear setbacks; highway and accessory-building exceptions apply18. The A-1 district has no minimum building height, but the cited provision does not settle maximum height19. Unincorporated dwellings must contain at least 800 square feet20. M-1 dwellings need at least 40 acres unless they are in an approved mountain subdivision, and all M-1 structures must stand at least 100 feet from the nearest public road or highway2122.
How do septic permits work in Emery County?
Southeast Utah Health Department is the primary local authority for onsite wastewater systems in Emery County, and its Castle Dale office lists 435-381-2252 at 25 West Main Street423. Where public sewer is unavailable, a privately owned onsite system serving an individual home or business requires a septic permit and plan-design approval5. That requirement also limits off-grid sanitation choices; an off-grid plan does not bypass wastewater approval24. Emery County's building process calls for sewage-disposal approval and a percolation test before the building permit is completed15. Only about 18.7% of Emery County soils are rated without severe limitations for a conventional septic drain field, so make septic feasibility an early purchase contingency25. We could not confirm the separate field-inspection sequence for an ordinary conventional system; ask the Castle Dale office what inspections and signoffs apply23.
Can you live in an RV or tiny home on your land in Emery County?
We could not confirm a rule allowing residential RV occupancy on private land throughout unincorporated Emery County; ask Building & Zoning about the parcel's district, duration and utility setup before relying on an RV during construction23. Elmo has a specific rule: an RV cannot be used for human habitation unless it is in a recreational vehicle court26. Elmo's approved RV-court spaces may be rented for no more than 30 days27. Do not apply Elmo's rule to land elsewhere in the county. A tiny home used as a dwelling in unincorporated Emery County must contain at least 800 square feet and clear the county's zoning and building-permit process28. Elmo instead requires at least 550 square feet of ground-floor area for a one-family dwelling in its A-1 and R-1 zones, with separate standards for additional units and mobile homes29. Where public sewer is unavailable, onsite wastewater still needs a septic permit and plan-design approval5.
Building a home in Emery County: the steps, in order
Confirm whether the parcel is inside a municipality or in unincorporated Emery County, then have the correct office verify the zoning and allowed use93.
For an A-1 dwelling, document at least 10 acres and 1,000 zoning-clearance points11.
Prepare a dimensioned plot plan around the 800-square-foot dwelling minimum and the setbacks for the parcel's zoning district1018.
Obtain the culinary-water hookup letter, sewage-disposal approval and percolation test called for by the county process15.
Ask the Emery County Road Department or UDOT whether access needs an encroachment permit3031.
After zoning clearance, submit the building application, plans and specifications and pay the valuation-based fee, subject to the $50 minimum14.
Request inspections at least 24 hours ahead and correct rejected work before continuing16.
Wait for final inspection and occupancy approval before moving in7.
What should you check before buying land in Emery County?
Start with buildability: about 60.4% of Emery County land is at a slope of 15% or less, but only about 18.7% of soils avoid severe limitations for a conventional septic drain field3225. If a parcel needs a private well, a valid water right must be in place before construction and the State Engineer's Start Card functions as the well-construction permit12. Confirm water, septic feasibility, current zoning and legal road access before closing because each affects the permit path1530. Emery County regulates subdivision layout, design and required submissions, applying the more stringent standard where provisions conflict33. An agricultural partition may avoid a recorded subdivision plat only after a Zoning Administrator waiver and deed covenants barring residential or other non-agricultural use until an approved subdivision plat is recorded; health, zoning and building requirements still apply34. Federal land accounts for about 82.3% of the county, so verify boundaries and access carefully35.
Watch-outs
Emery County's published zoning map is labeled unofficial, so verify the parcel's current zoning district with Building & Zoning before ordering plans or a manufactured home173.
An owner-builder exemption concerns contractor licensing only; Emery County's building permit, inspections and occupancy approval still apply67.
A county or UDOT road-encroachment permit may be required depending on the access, so settle driveway approval before assuming a parcel is ready to build3631.
Emery County has not confirmed a countywide rule for private-parcel RV occupancy, so ask Building & Zoning about the specific zoning district and proposed use23.
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.
Emery County highlighted among the Utah counties · colored by Index score
How Emery County scores
Seclusion79100% ev.
Self-Sufficiency14100% ev.
Admin Boringness40100% ev.
Durability44100% ev.
Property Autonomy60100% ev.
Carry Cost75100% ev.
Evidence strength: 100%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →
$302kTypical home
0.6%Property tax
$6,319Land / acre
9.4"Annual rain
35.1% of yrsSevere drought
12.8 / yr (+10.2)Mid-century 100°F days
35.4 daysMid-century dry spell
0.69" (+7.1%)Mid-century 1-day rain
1.15×Wildfire change factor
100%Forward climate coverage
$962Home insurance / yr
3.7% / yrInsurance growth
1.07%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
3,664Radius comparison (15 mi)
2.3People / sq mi
82.3%Federal land
60.4%Land at 15% slope or less
18.7%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Emery County
Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.
Castle Dale · Town of Clawson · Town of Cleveland · Town of Elmo · Town of Emery · Ferron · Green River · Huntington · Orangeville
Answers from the rulebook for Emery County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Emery County rules
Building permitRequired
Construction, enlargement, alteration, repair, moving, demolition, or occupancy change of buildings or structures, and regulated electrical, gas, mechanical, or plumbing work outside city limits in unincorporated Emery County.
Any owner or authorized agent must first apply to the building official and obtain the required permit.
Any outbuilding 200 square feet or larger that is not part of an existing building requires a building permit.
The county page states that building permits are required for most structures, subject to the listed code exemptions.
One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses are exempt when the floor area does not exceed 200 square feet.
Fences not over 6 feet high are exempt.
Oil derricks are exempt.
Moveable cases, counters, and partitions not over 5 feet 9 inches high are exempt.
Retaining walls not over 4 feet high, measured from the bottom of the footing to the top of the wall, are exempt unless supporting a surcharge or impounding Class I, II, or IIIA liquids.
Water tanks supported directly on grade are exempt if capacity does not exceed 5,000 gallons and the height-to-diameter-or-width ratio does not exceed 2:1.
Sidewalks and driveways not more than 30 inches above adjacent grade, not over a basement or story below, and not part of an accessible route are exempt.
Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work are exempt.
Temporary motion-picture, television, and theater stage sets and scenery are exempt.
Exterior-wall-supported window awnings projecting no more than 54 inches and requiring no additional support in Group R-3 and U occupancies are exempt.
Certain above-ground prefabricated swimming pools accessory to Group R-3 occupancies are exempt when less than 24 inches deep, no more than 5,000 gallons, and installed entirely above ground.
Portable heating, cooking, clothes-drying, ventilation, cooling, and evaporative-cooler appliances are exempt.
Replacement of a minor part is exempt when it does not alter equipment approval or make equipment unsafe.
Portable fuel-cell appliances are exempt when not connected to fixed piping and not interconnected to a power grid.
Self-contained refrigeration systems are exempt when containing 10 pounds or less of refrigerant or actuated by motors of 1 horsepower or less.
Shade-cloth structures for nursery or agricultural purposes are exempt, excluding service systems.
Swings and other playground equipment accessory to detached one- and two-family dwellings are exempt.
Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches high are exempt.
Minor repair and maintenance work, including lamp replacement or connection of approved portable electrical equipment to approved permanently installed receptacles, is exempt.
Radio and television transmission electrical equipment is exempt, but power-supply equipment and wiring and tower and antenna installations remain subject to the code.
Temporary testing systems for testing or servicing electrical equipment or apparatus are exempt.
Steam, hot-water, or chilled-water piping within regulated heating or cooling equipment is exempt.
Stopping leaks in drains, water, soil, waste, or vent pipe is exempt, but removing and replacing concealed defective piping is new work requiring a permit and inspection.
Clearing stoppages or repairing leaks in pipes, valves, or fixtures and removing and reinstalling water closets are exempt only when the work does not require replacement or rearrangement of valves, pipes, or fixtures.
Emergency equipment replacements and repairs require the permit application to be submitted by the next working business day.
The county's permit-process page states that zoning approval is necessary for all structures and that a building permit cannot be issued until zoning is cleared.
Inside city limits, applicants must contact the applicable city hall for requirements; this county claim is limited to outside-city-limits areas.
outbuilding permit threshold: >= 200 square feet (Outbuilding must not be part of an existing building.) · fence exemption maximum height: <= 6 feet · retaining-wall exemption maximum height: <= 4 feet (Does not apply when supporting a surcharge or impounding Class I, II, or IIIA liquids.) · water-tank exemption capacity: <= 5000 gallons (Tank must be supported directly on grade and height-to-diameter-or-width ratio must not exceed 2:1.) · sidewalk or driveway exemption maximum elevation: <= 30 inches (Must not be over a basement or story below and must not be part of an accessible route.) · window-awning exemption maximum projection: <= 54 inches (Must be supported by an exterior wall and require no additional support in Group R-3 and U occupancies.) · prefabricated pool exemption depth: < 24 inches (Must be accessory to Group R-3 occupancy, no more than 5,000 gallons, and entirely above ground.) · prefabricated pool exemption capacity: <= 5000 gallons (Must be accessory to Group R-3 occupancy, less than 24 inches deep, and entirely above ground.) · refrigeration exemption refrigerant amount: <= 10 pounds (Alternatively, system may be actuated by a motor of 1 horsepower or less.) · refrigeration exemption motor size: <= 1 horsepower (Alternatively, system may contain 10 pounds or less of refrigerant.) · permit fee minimum: 50 USD (The permit-process page states there is a $50 minimum fee; the fee calculation is based on project valuation using a cost-per-square-foot basis according to ICBO 1997 UBC fee-schedule recommendations.) · permit commencement deadline: 180 days (Permit becomes invalid unless work commences within 180 days after issuance.) · permit suspension or abandonment deadline: 180 days (Permit becomes invalid if work is suspended or abandoned for 180 days after work commenced; written extensions may be granted for periods of not more than 180 days each upon written request and demonstrated justifiable cause.)
“Building Requirements Outside City Limits [...] shall first make application to the building official and obtain the required permit.”
Building code adoptedAdopted (with conditions)
Building-code requirements administered by Emery County Building and Zoning, subject to State of Utah amendments.
Emery County states that it adheres to the listed codes with State of Utah Amendments.
The listed codes are the 2021 International Residential Code, 2021 International Building Code, 2021 International Plumbing Code, 2021 International Mechanical Code, 2020 National Electrical Code, 2021 International Fuel/Gas Code, 2021 International Energy Conservation Code, 2021 Existing Building Code, and Utah Wildland Urban Interface Code.
The source does not state an effective or adoption date.
“Emery County adheres to the following codes with State of Utah Amendments:”
InspectionsRequired
County-permitted building construction in unincorporated Emery County.
Inspections must be requested 24 hours in advance.
Anything requiring inspection must not be covered; failure may result in removal of covering or condemnation of the work.
All inspection tests, including electrical, plumbing, and mechanical tests, are required.
The inspection list may not include every inspection required; applicants should contact the building official.
A final inspection or temporary occupancy permit from the Building Inspector is required before occupancy.
inspection notice: >= 24 hours
“All inspection tests are required. (Electrical, plumbing, mechanical, etc.)”
Certificate of occupancyRequired
Occupancy of structures covered by an Emery County building permit in unincorporated Emery County.
Occupancy is prohibited until after final inspection and issuance of a Certificate of Occupancy.
The county inspection page also states that occupancy may follow issuance of a temporary occupancy permit by the Building Inspector.
The permit becomes null and void if authorized work is not commenced within 180 days, or if construction is suspended or abandoned for 180 days after commencement.
The county application notes that 24-hour notice is required for all inspections.
permit commencement deadline: 180 days (permit becomes null and void if work is not commenced within this period) · work suspension or abandonment deadline: 180 days (after work has commenced)
“Occupancy of structure is prohibited until after final inspection and Certificate of Occupancy issued.”
County-wide zoningPresent (with conditions)
Structures and development in the unincorporated area of Emery County.
Zoning approval is necessary for all structures, and a building permit cannot be issued until zoning is cleared.
For building outside city limits in unincorporated Emery County, the county process requires a trust deed or county plat showing ownership of 10 or more acres; storage or agricultural structures do not need 10 acres, but proof of land ownership is required before a building permit can be issued.
The applicant must provide a letter of intent from the appropriate water district for a culinary water hookup.
A road encroachment permit from UDOT or the Emery County Road Department may be required.
Approval of a sewage disposal system from the State Health Department is required, including a percolation test and contact with the Southeastern Utah District Health Office for system design information.
The applicant must provide a dimensioned plot plan showing the lot, structure size, structure location, other structures, easements, drainage patterns as applicable, and a north arrow.
Dwellings must be at least 800 square feet.
Front-yard setback is 55 feet from the center of a public road or 30 feet from the right-of-way line, whichever is greater; buildings adjacent to state or federally designated highways, except non-access highways, must be at least 50 feet from the right-of-way line.
Side-yard setback is 10 feet from a side lot line, with an exception for accessory buildings, barns, coops, and sheds located over 100 feet from the nearest dwelling; corner-lot street-side setbacks equal the front setback; feed lots for over 100 animals must be at least one-fourth mile from the nearest dwelling, municipal boundary, or federal highway.
Rear-yard setback is at least 10 feet, with an exception for accessory buildings, barns, coops, and sheds located over 100 feet from the nearest dwelling.
minimum acreage for ordinary unincorporated building site: >= 10 acres (Storage or agricultural structures do not need 10 acres, but proof of land ownership is required.) · minimum dwelling size: >= 800 square feet · front setback from public-road centerline: >= 55 feet (A 30-foot setback from the right-of-way line applies if greater; buildings adjacent to state or federally designated highways, except non-access highways, must be at least 50 feet from the right-of-way line.) · side-yard setback: >= 10 feet (No side setback for specified accessory buildings, barns, coops, and sheds over 100 feet from the nearest dwelling.) · rear-yard setback: >= 10 feet (No rear setback for specified accessory buildings, barns, coops, and sheds over 100 feet from the nearest dwelling.) · feed-lot separation: >= 0.25 mile (Applies to feed lots for over 100 animals and is measured from the nearest dwelling, municipal boundary, or federal highway.)
“If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official.”
Local zoningVaries (with conditions)
The countywide aggregate of zoning within Emery County, including incorporated cities and towns and unincorporated county areas.
Inside city limits, the applicable city or town office provides zoning requirements and a zoning representative must sign a form or letter confirming compliance.
Outside city limits, the unincorporated Emery County process is administered through the county Building / Zoning Official.
The county aggregate therefore varies by whether the property is inside an incorporated municipality or in the unincorporated county; this claim does not attribute municipal ordinances to Emery County.
Elmo Town has its own zoning ordinance establishing zones and regulating land and building characteristics within Elmo.
“For information on zoning within the city limits, read section 1-A. For information on zoning outside of city limits, read section 1-B. [...] If you are building within city limits, contact the city office for information concerning zoning requirements. [...] If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official.”
Zoning districtsPublished (with conditions)
Emery County zoning boundaries and districts shown on the county's published zoning map; incorporated municipalities may apply their own zoning rules within municipal limits.
The county map is labeled an unofficial zoning map.
The map identifies A-1 Agricultural, I-1 Industrial, M-1 Mountain, and MG & R-1 Mining, Grazing & Recreation districts.
The county permit-process page states that city-limit zoning information must be obtained from the applicable city office; this claim therefore does not treat the county as administering every municipal ordinance.
“Emery County Zoning Boundaries [...] Unofficial Zoning Map [...] A-1 Agricultural [...] I-1 Industrial [...] M - 1 Mountain [...] MG & R - 1 Mining, Grazing & Recreation”
Minimum dwelling sizeSpecified
Dwellings proposed outside city limits in the unincorporated area of Emery County.
Zoning approval is necessary for all structures and a building permit cannot be issued until zoning is cleared.
The applicant must submit proof of ownership of 10 or more acres; storage or agricultural structures do not need 10 acres but require proof of land ownership before a building permit can be issued.
The applicant must provide water-district intent for a culinary water hookup, a road encroachment permit if required, approval of the sewage disposal system from the State Health Department, and a dimensioned plot plan.
The source states that dwellings must be at least 800 square feet.
minimum dwelling floor area: >= 800 square feet
“Plot Plan showing your lot drawn to dimension, size of structure (dwellings must be at least 800 square feet), location of structure on property, other structures, easements, drainage patterns as applicable and a north arrow.”
2 more reviewed findings on this topic
Specified — Dwellings in the unincorporated area of Emery County.
“dwellings must be at least 800 square feet”
Specified — Residential dwellings proposed outside city limits in unincorporated Emery County during the county permit process.
“If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official. [...] Plot Plan showing your lot drawn to dimension, size of structure (dwellings must be at least 800 square feet), location of structure on property, other structures, easements, drainage patterns as applicable and a north arrow.”
Minimum lot sizeSpecified
Residential construction outside city limits in unincorporated Emery County.
A trust deed or county plat showing ownership of 10 or more acres must be submitted to the Building/Zoning Official.
Storage or agricultural structures do not need 10 acres, but proof of land ownership is required before a building permit can be issued.
The page also requires water-service intent, road-encroachment review where applicable, sewage-disposal approval, and a plot plan.
minimum acreage for residential building application: >= 10 acres (Storage or agricultural structures do not need 10 acres)
“Trust deed or County plat showing ownership of 10 or more acres. A county plat can be obtained from the County Recorders office (435) 381-3520. Storage or agricultural structures do not need 10 acres, but you must have proof of land ownership before a building permit can be issued.”
4 more reviewed findings on this topic
District specific (with conditions) — Dwellings in the A-1 Agricultural zone within unincorporated Emery County.
“The minimum size for a lot in the A-1 Agricultural zone shall be as follows: Dwellings: 10 acres with a minimum of 1000 points under Subsection 9-3-4”
None — Lots in the unincorporated MG&R-1 Mining, Grazing & Recreation zone.
“There shall be no minimum area requirements in the MG&R-1, Mining, Grazing and Recreation zone except as may be required under other provisions of this Ordinance.”
Specified — Dwellings in the unincorporated M-1 Mountain zone.
“No dwelling shall be constructed on a lot smaller than forty (40) acres, unless the lot is part of an approved mountain subdivision.”
None (with conditions) — Lots in the unincorporated I-1 Industrial zone.
“There are no minimum area requirements in the I-1 Industrial zone except that an area sufficient to accommodate location requirements, off-street parking, loading and unloading, and vehicular access shall be provided and maintained.”
SetbacksSpecified
Buildings and structures outside city limits in unincorporated Emery County.
Front setback is measured from the center of a public road or the right-of-way line as specified.
Buildings adjacent to state or federally designated highways, except non-access highways, have the stated 50-foot right-of-way setback.
Accessory-building exceptions apply only where the stated distance from the nearest dwelling is met.
On corner lots, the street-abutting side setback equals the front setback.
Feed lots for over 100 animals must be at least one-quarter mile from the nearest dwelling, municipal boundary, or federal highway.
front setback from center of public road: >= 55 feet (Alternatively 30 feet from the right-of-way line, whichever is greater; 50 feet from right-of-way line beside state or federally designated highways except non-access highways) · side setback: >= 10 feet (No side setback for accessory buildings, barns, coops, and sheds located over 100 feet from the nearest dwelling; corner-lot street side equals front setback) · rear setback: >= 10 feet (No rear setback for accessory buildings, barns, coops, and sheds located over 100 feet from the nearest dwelling) · feed-lot separation for over 100 animals: >= 0.25 mile (Measured from nearest dwelling, municipal boundary, or federal highway)
“Front Yard Setback – 55 feet from the center of any public road”
4 more reviewed findings on this topic
Specified — Buildings in the unincorporated A-1 Agricultural zone.
“All buildings shall be set back from the property lines as follows: (a) Front setback - All buildings shall be set back at least fifty-five (55) feet from the center of any public road or thirty (30) feet from the right-of-way line, whichever is the greater distance, except that all buildings situated adjacent to State or Federally designated highways, except non access highways, shall be set back at least fifty (50) feet from the right-of-way line.”
Specified — Buildings in the unincorporated MG&R-1 Mining, Grazing & Recreation zone.
“All buildings shall be set back at least sixty (60) feet from the center line of a County road or thirty (30) feet from the front line, whichever is greater, except as required in Section 6-13.”
Specified — Dwellings and structures in the unincorporated M-1 Mountain zone.
“All dwellings and structures shall be set back at least one hundred (100) feet from the nearest public road or highway.”
Specified — Buildings in the unincorporated I-1 Industrial zone.
“All buildings shall be set back at least sixty (60) feet from the center of any public road or thirty (30) feet from the right-of-way line, whichever is the greater distance, except as required in Section 6-13.”
Building heightNone
Buildings in the unincorporated I-1 Industrial zone.
Supplementary regulations in Article VI still apply.
“There are no height and size requirements in the I-1 Industrial zone.”
2 more reviewed findings on this topic
None — Minimum building height in the A-1 Agricultural zone within unincorporated Emery County.
“There are no minimum height requirements”
None — Buildings in the unincorporated MG&R-1 Mining, Grazing & Recreation zone.
“There are no size and height requirements in the MG&R-1 Mining, Grazing and Recreation zone.”
Tiny homesLimited
A tiny home proposed for dwelling occupancy in the unincorporated area of Emery County.
The county permit-process page requires zoning approval before a building permit can be issued.
For unincorporated construction, the application materials must include proof of ownership of 10 or more acres, except storage or agricultural structures.
The applicant must provide a water-district letter showing a culinary-water hookup, a road encroachment permit when required, and State Health Department sewage-disposal approval with a percolation test.
The plot plan must show that a dwelling is at least 800 square feet.
The source does not expressly define or use the term tiny home; this claim applies the stated dwelling-size requirement to a tiny home proposed as a dwelling.
Incorporated municipalities have separate zoning requirements and are not resolved by this county claim.
minimum dwelling area: >= 800 square feet · minimum ownership area for unincorporated construction: >= 10 acres (Storage or agricultural structures do not need 10 acres.)
“If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official. [...] Plot Plan showing your lot drawn to dimension, size of structure (dwellings must be at least 800 square feet), location of structure on property, other structures, easements, drainage patterns as applicable and a north arrow.”
2 more reviewed findings on this topic
Limited — A proposed tiny home used as a dwelling in unincorporated Emery County; the county page does not define the term tiny home.
“in the unincorporated area of Emery County [...] dwellings must be at least 800 square feet”
Limited — A proposed tiny home used as a dwelling in unincorporated Emery County.
“If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official. [...] Plot Plan showing your lot drawn to dimension, size of structure (dwellings must be at least 800 square feet), location of structure on property, other structures, easements, drainage patterns as applicable and a north arrow.”
Who permits septicLocal
Onsite wastewater systems serving homes and businesses in Emery County.
The Southeastern Utah District Health Department covers Carbon, Emery, and Grand Counties.
The Utah Department of Environmental Quality identifies the local health department as the primary contact for septic systems and identifies Southeastern Utah District Health Department for Carbon, Emery, and Grand Counties.
“Your Local Health Department (LHD) is your primary contact for issues like septic systems (onsite wastewater), private wells (not part of a public water system), food safety, and general sanitation. [...] Carbon, Emery, Grand [...] Southeastern Utah District Health Department”
One more reviewed finding on this topic
Local (with conditions) — Septic and onsite-wastewater authority for Emery County, within the Southeastern Utah District Health Department service area.
“Your Local Health Department (LHD) is your primary contact for issues like septic systems (onsite wastewater), private wells (not part of a public water system), food safety, and general sanitation. [...] Carbon, Emery, Grand [...] Southeastern Utah District Health Department”
Septic permitRequired
Onsite wastewater systems serving individual homes and businesses on private land in Emery County where public sewer is unavailable.
The system must be installed on private land.
The system serves an individual home or business.
Public sewer is not available.
A permit and plan design approval are required.
“Onsite wastewater systems are privately owned personal sewer systems that are installed on private land to serve individual homes and businesses in areas where public sewer is not available. A permit and plan design approval is required.”
One more reviewed finding on this topic
Required — Privately owned onsite wastewater systems installed on private land to serve individual homes and businesses in Emery County where public sewer is unavailable.
“Onsite wastewater systems are privately owned personal sewer systems that are installed on private land to serve individual homes and businesses in areas where public sewer is not available. A permit and plan design approval is required.”
Off-grid sanitationLimited
Privately owned onsite wastewater sanitation for individual homes and businesses on private land in Emery County where public sewer is unavailable.
The sanitation system must be installed on private land.
It must serve an individual home or business.
It applies where public sewer is not available.
A permit and plan design approval are required.
“Onsite wastewater systems are privately owned personal sewer systems that are installed on private land to serve individual homes and businesses in areas where public sewer is not available. A permit and plan design approval is required.”
Agricultural exemptionConditional
Partitioning agricultural land without recording a subdivision plat in unincorporated Emery County.
A waiver on forms furnished and signed by the Zoning Administrator is required.
For agricultural land, satisfactory deed covenants must preclude residential or other non-agricultural use until a properly approved subdivision plat is recorded.
The provision does not waive health, zoning, or building-permit requirements.
“Any owner or agent of any owner of real property who seeks to partition subdivide land without recording a plat by virtue of the exemption for agricultural, commercial, manufacturing, and industrial land, shall first acquire a waiver on forms furnished and signed by the Zoning Administrator. The Zoning Administrator shall approve said waiver upon satisfactory completion of the application form by the applicant, including, in the case of agricultural land, the recording of satisfactory deed covenants precluding residential or other non-agricultural use of the land until the recording of a properly approved subdivision plat.”
Subdividing landRegulated (with conditions)
Subdivision applications within Emery County, including the Article XIII, Section 13-4 amendments adopted for single-family homes, duplexes, or townhomes.
The resolution states that the amendments establish the Planning Director or designee as the Administrative Land Use Authority for covered subdivision applications.
The amendments establish timelines for preliminary and final subdivision reviews.
Review cycles are limited to four.
No additional public hearings are required beyond the single public hearing permitted during preliminary review unless an appeal is filed.
The resolution states it becomes effective immediately upon passage and approval, but the document leaves the passage date blank.
maximum review cycles: <= 4 cycles · public hearings beyond the single preliminary-review hearing: 0 hearings (unless an appeal is filed)
“The layout and design of all subdivisions and the content of required submissions shall be in accordance with the following and also with the minimum County standards and specification as provided under Section 13-6 of this Article provided, in the event of conflict the more stringent shall prevail.”
Driveway accessLimited
Road access for construction in unincorporated Emery County where access requires a road encroachment permit.
The permit may be issued by UDOT or the Emery County Road Department.
The county page instructs applicants to check with the Road Department or UDOT to determine whether a permit is needed.
The cited page does not establish a universal driveway permit requirement for every property.
“Road Encroachment Permit from UDOT or Emery County Road Department. Check with the road department (435) 381-3510 or Utah State Department of Transportation to see if you will need a permit.”
One more reviewed finding on this topic
Limited — Road and driveway access associated with building applications outside incorporated city limits in Emery County.
“Road Encroachment Permit from UDOT or Emery County Road Department. Check with the road department (435) 381-3510 or Utah State Department of Transportation to see if you will need a permit.”
Permit feesPublished (with conditions)
County building permits for projects outside incorporated city limits in Emery County.
The fee is calculated from project valuation determined on a cost-per-square-foot basis.
The calculation follows ICBO 1997 UBC fee schedule recommendations.
There is a $50 minimum building-permit fee.
A plan-check fee may apply in addition to the regular building-permit fee for plans, including unconventional construction plans.
minimum building permit fee: 50 USD · fee basis: project valuation determined on a cost per square foot basis (according to ICBO 1997 UBC fee schedule recommendations)
“Calculation of the Building Permit Fee is based on the valuation of the project which is determined on a cost per square foot basis, according to ICBO (International Conference of Building Officials) 1997 UBC fee schedule recommendations. There is a $ 50 minimum fee for building permits.”
Permit processPublished (with conditions)
Building permits for construction and related regulated work in unincorporated Emery County.
Zoning approval is necessary for all structures, and a building permit cannot be issued until zoning is cleared.
For building outside city limits in the unincorporated area, submit proof of ownership of 10 or more acres; storage or agricultural structures do not need 10 acres but require proof of land ownership.
Submit a letter of intent from the appropriate water district for a culinary-water hookup.
Obtain a road encroachment permit from UDOT or the Emery County Road Department if required.
Obtain approval of the sewage disposal system from the State Health Department and complete a percolation test.
Submit a dimensioned plot plan; dwellings must be at least 800 square feet.
Once zoning is approved, complete the building-permit form and submit the applicable plans and specifications.
Commercial-building plans must be drawn by a certified architect or engineer, and commercial buildings require a certified contractor; additional approval steps may apply.
A permit is issued when the Building Official determines that the plans meet all building regulations.
The process may take from 24 hours to a couple of weeks or longer for complicated plans.
Inspections require at least 24 business hours' notice; work not approved must be corrected and re-inspected before continuing.
Pouring concrete without the required inspection is not allowed.
The building permit fee is based on project valuation using a cost-per-square-foot basis according to ICBO 1997 UBC fee-schedule recommendations, with a $50 minimum fee.
Building permits are required for most structures, subject to stated code exemptions, including one-story detached accessory structures of 200 square feet or less and fences not over 6 feet high.
Every permit becomes invalid unless work begins within 180 days after issuance or is suspended or abandoned for 180 days; written extensions of up to 180 days may be granted for demonstrated justifiable cause.
Inside city limits, applicants must contact the local City Hall for zoning and building requirements; the county page does not establish the municipal process.
minimum dwelling size: >= 800 square feet · minimum acreage for ownership proof: >= 10 acres (Storage or agricultural structures do not need 10 acres, but proof of land ownership is required.) · minimum building permit fee: >= 50 USD · inspection notice: >= 24 business hours · permit commencement period: 180 days (Permit becomes invalid unless work begins within this period.) · permit suspension or abandonment period: 180 days (Permit becomes invalid if work is suspended or abandoned for this period after work begins.)
“If you are building outside of city limits in the unincorporated area of Emery County you will need to submit the following information to the Building / Zoning Official.”
A sole owner acting as an owner-builder for residential construction on the owner's property, concerning exemption from contractor licensure under the Utah Construction Trades Licensing Act; this does not by itself eliminate applicable building-permit, inspection, or code requirements.
The sole owner may build no more than one residential structure per year on the owner's property and no more than three residential structures per five years.
The use must be the sole owner's noncommercial, nonpublic use.
A person other than the property owner or the specified volunteer exemption persons who engages in building the residential structure must be licensed if otherwise required by the chapter.
Incidental structures such as a shed, carport, or detached garage are covered when for the sole owner's noncommercial, nonpublic use.
For persons working under the owner, work must be without compensation other than qualifying token compensation and under the direction of the property owner.
Token compensation must be minimal compared with fair market value, unrelated to fair market value, and incidental, including meals, refreshments, or reasonable transportation costs.
residential structures per year: <= 1 structure (For the sole owner's property and sole owner's noncommercial, nonpublic use.) · residential structures per five years: <= 3 structures (For the sole owner's property and sole owner's noncommercial, nonpublic use.)
“a sole owner of property engaged in building: (i) no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property for the sole owner's noncommercial, nonpublic use”
One more reviewed finding on this topic
Conditional — A sole owner acting on the owner's property under Utah's contractor-licensure exemption; this exemption concerns contractor licensure and does not waive Emery County building-permit, inspection, or occupancy requirements.
“no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years”
Accessory dwellingsLimited
One internal accessory dwelling unit within a primary dwelling in county areas of Utah zoned primarily for residential use.
The unit must be an internal accessory dwelling unit within a primary dwelling and the area must be zoned primarily for residential use.
The unit must comply with all applicable building, health, and fire codes.
A county may prohibit a separate utility meter; require the unit not to change the appearance of the primary dwelling as a single-family dwelling; and require one additional on-site parking space, except when the county land use ordinance requires four off-street parking spaces. Garage or carport parking spaces converted to habitable space must be replaced.
A county may prohibit an internal accessory dwelling unit within a mobile home; require a permit or license for renting it; prohibit units in a zoning district covering an area equivalent to 25% or less of the total unincorporated area zoned primarily for residential use, except that newly constructed units with final plat approval dated on or after October 1, 2021, and complying with applicable land use regulations may not be prohibited; prohibit units served by a failing septic tank; prohibit units on lots of 6,000 square feet or less; prohibit rental for fewer than 30 consecutive days; and prohibit rental when the dwelling is not occupied as the owner's primary residence.
A county may hold a lien and record an accessory-dwelling-unit notice under the procedures in § 17-80-303(4)-(5).
This claim does not determine additional municipality-specific ordinances under Utah's municipal land-use statute.
minimum rental period: >= 30 consecutive days · small-lot threshold: <= 6000 square feet (A county may prohibit creation at or below this lot size) · restricted county residential zoning area: <= 25 percent of total unincorporated residentially zoned area (Newly constructed units with final plat approval dated on or after October 1, 2021 and compliance with applicable land use regulations may not be prohibited) · additional parking: 1 on-site space (Not permitted if the county land use ordinance requires four off-street parking spaces)
“In any area zoned primarily for residential use: (a) the use of an internal accessory dwelling unit is a permitted use;”
Septic inspectionLimited
Large Underground Wastewater Systems (LUWDS) operating under Utah operating permits.
The annual inspection-report requirement applies to LUWDS operating permits.
The report is due August 1st of every year.
The source does not establish that the same annual inspection requirement applies to every residential or small onsite wastewater system.
inspection report frequency: annual · annual inspection report due date: August 1
“All Large Underground Wastewater Systems (LUWDS) have a responsibility under their Operating Permits to submit an Annual Inspection Report, due August 1st of every year.”
Well permitRequired
Well drilling and regulated well construction in Emery County, including shallow water wells and water production wells.
The State Engineer regulates all water wells regardless of depth.
The rule change removing the shallow-well exemption took effect May 10, 2022.
Administrative Rules for Wells (R655-4 UAC) became effective July 22, 2022.
Shallow water wells and regulated activities associated with them must be completed by a licensed driller or licensed shallow water well constructor and must follow R655-4.
A valid water right must be in place before constructing a shallow well and beneficially using groundwater from it.
A Start Card issued upon approval of the water right is essentially the permit to construct the well.
Water production wells, including domestic, stockwater, irrigation, public supply, industrial/commercial, recharge/recovery, and open-loop heat-exchange wells, are regulated by the State Engineer.
Non-production wells deeper than 30 feet are regulated by the State Engineer.
prior shallow-well depth exemption: removed (The prior exemption applied to wells 30 feet deep or less.) · state statute change effective date: 2022-05-10 · R655-4 effective date: 2022-07-22 · non-production well depth threshold: > 30 feet (Non-production wells deeper than 30 feet are regulated.)
“A Start Card is issued upon approval of the water right, which is essentially the permit to construct the well.”
2 more reviewed findings on this topic
Required — Construction and beneficial use of domestic and other water-production wells in Emery County, including shallow water wells.
“A shallow water well owner must have a valid water right to beneficially use groundwater from a shallow water well prior to well construction. [...] A Start Card is issued upon approval of the water right, which is essentially the permit to construct the well.”
Required — Construction of shallow water wells in Utah.
“A Start Card is issued upon approval of the water right, which is essentially the permit to construct the well.”
Mandatory utility hookupConditional
Wastewater drainage for dwellings, buildings, and premises covered by Utah's onsite wastewater rule.
Connection to a public sewer is required when available and practicable.
If public sewer is unavailable or impracticable, connection must be made to an adequate onsite wastewater system or another wastewater system acceptable under the listed Utah rules.
When a dwelling served by an onsite wastewater system connects to a public sewer, the septic tank must be abandoned and disconnected or bypassed unless otherwise approved by the regulatory authority.
“shall have a connection to a public sewer”
Short-term rentalsLimited
Short-term rentals operated within Utah municipalities.
A municipality may require the owner or lessee to obtain a business license or other permit before operation.
A municipality may regulate short-term rentals through municipal ordinances and zoning requirements.
A municipality may not enact or enforce an ordinance prohibiting an individual from listing or offering a short-term rental on a short-term-rental website.
A municipality may not use an ordinance prohibiting the act of renting a short-term rental to punish an individual solely for listing or offering it on a short-term-rental website.
The statute does not establish that short-term rentals are allowed in every zone or municipality.
“A municipality may adopt an ordinance requiring the owner or lessee of a short-term rental to obtain a business license or other permit from the municipality before operating a short-term rental within the municipality.”
Campground & park staysLimited
Tiny houses in Utah RV parks; the state source also states that tiny-home permission in a particular area depends on local land-use regulations.
The tiny house may be allowed in an RV park only with the required data plate or permanent label and either Recreational Vehicle Industry Association certification or qualified third-party inspection certification.
The RV park must comply with applicable building, zoning, electrical, health, fire codes and local ordinances.
Outside RV parks, whether a tiny home is permitted depends on local land-use regulations and whether the structure is treated as a primary dwelling, accessory dwelling, modular unit, or manufactured home.
maximum floor area for tiny house under Rule R392-301: <= 400 square feet (The rule defines tiny house for purposes of the rule; this does not establish statewide land-use permission outside RV parks.)
“A recreational vehicle or a tiny house may be allowed in a recreational vehicle park only if:”
One more reviewed finding on this topic
Limited — Temporary RV occupancy in Utah recreational vehicle parks providing temporary living quarters for two or more recreational vehicles.
“A recreational vehicle or a tiny house may be allowed in a recreational vehicle park only if:”
county zoning authorityGeneral
Utah counties may enact land-use controls, including zoning ordinances, for land in unincorporated areas statewide.
The authority is subject to Utah Code Section 17-79-101(4) and Section 11-41-103.
The statutory grant expressly covers the unincorporated area of a county and a designated mountainous planning district.
The quoted provision lists uses, density, open spaces, structures, and buildings among the subjects of permissible land-use controls.
“Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this chapter, a county may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the county considers necessary or appropriate for the use and development of land within the unincorporated area of the county or a designated mountainous planning district”
county building authorityGeneral
Utah counties may adopt and enforce building regulations and require building permits for construction in unincorporated areas statewide.
The general county building-regulation authority applies outside the limits of cities and towns.
Local regulations may not conflict with general laws.
Under Utah Code Section 17-79-901, erecting, constructing, reconstructing, altering, or changing the use of a building or other structure within a county requires approval of a building permit.
A county may not issue a building permit unless the plans fully conform to regulations then in effect.
The county permit authority is subject to the State Construction and Fire Codes Act and other statutory limitations.
“A county may make and enforce within the limits of the county, outside the limits of cities and towns, all local, police, building, and sanitary regulations that are not in conflict with general laws.”
Inside cities and towns in Emery County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Minimum dwelling sizeDistrict specific (with conditions)
Dwellings in Elmo Town's A-1 Agricultural Zone and R-1 Residential Zone; the R-1 section incorporates the A-1 height and dwelling-size requirements.
The ground-floor minimum is 550 square feet for a one-family dwelling and 600 square feet for each additional dwelling unit.
The requirement does not apply to mobile homes situated within an approved mobile home park.
A mobile home must have outside dimensions of at least 24 feet by 24 feet.
The dwelling-size provision was amended 6-5-2013.
ground floor area for one-family dwelling: >= 550 square feet · ground floor area for each additional dwelling unit: >= 600 square feet · mobile home outside dimension: 24 by 24 feet (Requirement does not apply to mobile homes situated within an approved mobile home park)
“The ground floor area of any one-family dwelling shall be not less than 550 square feet and 600 square feet for each additional dwelling unit, provided that this requirement shall not apply to mobile homes situated within an approved mobile home park. Outside dimensions of a mobile home shall not be less than 24 feet by 24 feet. (Amended 6-5-2013)”
Building heightDistrict specific (with conditions)
Buildings and dwellings in Elmo Town's A-1 Agricultural Zone and R-1 Residential Zone; the R-1 section incorporates the A-1 height requirement.
Maximum building height is measured from grade to the square of the building.
Where the ground or the square of the building is uneven in height, the average elevation applies.
Chimneys, flag poles, television antennas, church towers, and similar structures not used for human occupancy are excluded in determining height.
Public buildings and churches may exceed the otherwise permitted height if set back from required building setback lines at least one foot for each additional foot of height.
The minimum dwelling height is eight feet.
maximum building height: <= 20 feet (Public buildings and churches may use the additional-height rule stated in the ordinance) · minimum dwelling height: >= 8 feet
“The maximum height of any building measured from grade to the square of the building shall be twenty (20) feet, and the minimum height of any dwelling shall be eight (8) feet. Where the ground or the square of the building is uneven in height, the average elevation shall apply. Chimneys, flag poles, television antennas, church towers, and similar structures not used for human occupancy are excluded in determining height.”
Living in an RVLimited
Use of a recreational vehicle for human habitation within the area covered by Elmo Town's zoning map.
It is unlawful to place a recreational vehicle on any lot or parcel in the area covered by the zoning map and use it for human habitation, except when it is located in a recreational vehicle court.
Recreational vehicle courts are permitted only in zones where that use is specifically permitted and are subject to the zone requirements and the ordinance's recreational-vehicle-court restrictions.
Each recreational vehicle court must be held in one ownership and contain at least one acre.
Each recreational vehicle space must have an approved water system and sewage disposal system.
No recreational vehicle space may be rented for more than 30 days.
The recreational vehicle court plan must be submitted to the Planning and Zoning Administrator at least two weeks before the Planning and Zoning Commission meeting at which it will be considered.
An application for approval of a recreational vehicle court is granted or denied only after a Planning Commission public hearing; if approved, it must be submitted with the Commission's recommendations to the city council for approval.
minimum recreational vehicle court area: >= 1 acre · minimum recreational vehicle space width: >= 20 feet · minimum recreational vehicle space length: >= 40 feet · maximum rental period for recreational vehicle space: <= 30 days
“It shall be unlawful to place any recreational vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a recreational vehicle court.”
2 more reviewed findings on this topic
Limited — Use of a recreational vehicle for human habitation within the area covered by the Elmo Town zoning map.
“for human habitation, except when located in a recreational vehicle court.”
Prohibited — Use of a recreational vehicle for human habitation on lots or parcels in the area covered by Elmo Town's zoning map.
“It shall be unlawful to place any recreational vehicle on any lot or parcel of land in the area covered by the zoning map and to use the same for human habitation, except when located in a recreational vehicle court.”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Lot coverage — Lot coverage limits in unincorporated Emery County.
Camping on your land — Temporary camping on private land in unincorporated Emery County.
Building in a floodplain — Development in floodplain areas of Emery County, including differences among incorporated municipalities and unincorporated areas.
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 Emery County, Utah
Is Emery County a good place to live off-grid or homestead?
Emery County scores 39/100 on the Bolthole Index, a marginal county profile. Its strengths: sparse surroundings — about 3,664 people within 15 miles and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 9.4″ of rain a year, in severe drought 35.1% of years and more administrative friction around building and land use.
Do you need a building permit in Emery County, Utah?
Emery County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Southeast Utah Health Department. 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 Emery County, Utah?
Land in Emery County runs about $6,319 per acre, based on the latest county data.
What is the water situation in Emery County?
Emery County gets about 9.4" of rain a year, with severe drought in roughly 35.1% of years.
How remote is Emery County?
A typical private-land location has about 3,664 people within 15 miles and 1,749,515 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.
