Bolthole Index

Clarke County, Virginia

Building permits, zoning and land rules in Clarke County, Virginia

50Index Score / 100
#90 of 133 in Virginia

Clarke County, Virginia requires building permits before covered construction begins, and the county Building Department reviews permit-required work throughout the county, including Berryville and Boyce12. The county Zoning Ordinance governs unincorporated land but not property inside those towns3. The Clarke County Health Department separately permits wells and onsite sewage systems countywide456.

At a glance

Building permit
Required for covered construction; apply through the Clarke County Building Department12
Zoning
Yes; the county ordinance governs unincorporated land3
Septic and wells
Permitted by the Clarke County Health Department54
Building inspections
Required at applicable stages, followed by final inspection7
Occupancy certificate
Required before occupying a regulated building8
RV or tiny-home living
County occupancy rules could not be confirmed; ask Planning and Zoning about the parcel and proposed use910
Owner-builder exemption
Yes, for one owner-occupied primary residence in a 24-month period; permits and code still apply11
State-highway driveway
A VDOT land-use permit is required for a new or modified entrance12

Who to call

Building permits

Clarke County Building Department

Building permit applications and inspection scheduling throughout Clarke County

(540) 955-5112

permits@clarkecounty.gov

101 Chalmers Ct., Suite B Berryville VA 22611

Planning & zoning

Clarke County Planning and Zoning Department

County land-use policy, zoning, subdivision review and parcel-specific land-use questions

(540) 955-5132

101 Chalmers Ct. in Berryville, Va.

Zoning

Clarke County Planning and Zoning Department

Zoning and subdivision rules for unincorporated Clarke County

Septic permits

Clarke County Health Department

Well and onsite sewage system permitting in Clarke County

(540) 955-1033

100 N. Buckmarsh St. in Berryville, Va.

Contact details are copied from each office’s official page and were checked against it on October 10, 2026.

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Do you need a building permit in Clarke County, Virginia?

Clarke County, Virginia requires a building permit before covered construction, demolition, regulated installation or specified occupancy changes begin1. The Clarke County Building Department reviews permit-required work throughout the county, including Berryville and Boyce2. Virginia's Uniform Statewide Building Code governs construction, maintenance, repair, renovation and changes of use, and the local building inspections department enforces it13. Listed exemptions include some ordinary repairs and certain one-story detached storage sheds or similar structures no larger than 256 square feet, but the building official may still require a permit in a historic district or special flood hazard area1. Ask the Building Department before treating an agricultural or accessory structure as exempt because the available county-specific material does not confirm the applicable agricultural exemption14.

Who is the Clarke County building department, and how do you apply?

Submit Clarke County building permit applications to the Clarke County Building Department at permits@clarkecounty.gov, or call (540) 955-5112 with building-permit questions14. The department is at 101 Chalmers Ct., Suite B, Berryville, VA 2261114. Clarke County asks applicants to allow 20 to 30 business days for plan review and permit processing14. An owner may work without a contractor license on no more than one primary residence owned and used by that person during a 24-month period, but building permits, code compliance and inspections still apply11. A final inspection is required for permitted construction, although the inspecting authority may waive inspection when construction costs less than $2,5007. A certificate of occupancy is required before occupying or changing the occupancy of a regulated building, subject to listed exceptions8.

Does Clarke County have zoning?

Clarke County's Zoning Ordinance governs land use in unincorporated Clarke County, while Berryville and Boyce apply their own municipal rules15. Every unincorporated parcel has a zoning designation with use and dimensional regulations3. Required setbacks are found in the ordinance's district standards and vary by zoning district and any applicable overlay, so there is no single setback figure to use for every rural parcel1617. Before designing a home, ask the Planning and Zoning Department to identify the parcel's jurisdiction, district, allowed use and applicable setback, lot-size, coverage and height standards; the current minimum dwelling size and lot-size rules could not be confirmed10. The department can be reached at (540) 955-5132 at 101 Chalmers Ct. in Berryville10.

How do septic permits work in Clarke County?

The Clarke County Health Department, part of the Virginia Department of Health, handles onsite sewage and private-well approval throughout Clarke County186. For land without public sewer or water, obtain Health Department approval for a new onsite sewage system or confirmation that an existing system can serve the proposed construction before the county issues a building permit19. In karst areas, applicable applications require electrical-resistivity testing and a $275 county fee per drainfield before geotechnical review5. Call the Health Department at (540) 955-1033 or visit 100 N. Buckmarsh St. in Berryville before relying on septic or well suitability6. Only about 12% of Clarke County soils avoid a severe USDA limitation rating for conventional drain fields, so make septic feasibility an early contract contingency20. Alternative and low-pressure-distribution systems require annual inspection and maintenance21.

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

We could not confirm a Clarke County rule allowing long-term RV occupancy or tiny-home occupancy on unincorporated land, so ask Planning and Zoning about the exact parcel and proposed use before buying10. Virginia's campground law excludes some camping by an individual owner from the campground definition, but that exception does not establish a right to use an RV as a permanent residence or displace local zoning93. A tiny home proposed as a dwelling still needs district-specific zoning review, a building permit for covered work and onsite sewage approval where the parcel lacks public sewer16119. Current Clarke County rules for accessory dwellings and minimum dwelling size could not be confirmed; ask Planning and Zoning before designing a small or second dwelling10.

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

  1. Ask Clarke County Planning and Zoning to confirm the parcel's jurisdiction, zoning district, proposed residential use and district-specific setbacks before finalizing a design1017.
  2. For a site without public utilities, obtain Health Department well and onsite sewage approval before applying for the county building permit419.
  3. If the driveway enters a VDOT-maintained highway, obtain a VDOT land-use permit before working in the right-of-way12.
  4. Submit the building application before covered work begins and allow 20 to 30 business days for county processing114.
  5. Complete applicable construction inspections and the required final inspection7.
  6. Obtain the certificate of occupancy before moving into the completed regulated home8.

What should you check before buying land in Clarke County?

Start with zoning jurisdiction, because unincorporated property follows the county ordinance while Berryville and Boyce apply municipal land-use rules15. Test septic feasibility early: only about 12% of county soils avoid severe limitations for a conventional drain field, and Health Department approval may be needed before the building permit2019. About 75.9% of Clarke County land has a slope of 15% or less, while 44.3% is wooded, so grading, clearing and driveway design can still change the usable building envelope2223. Confirm highway access because work on a VDOT-maintained right-of-way requires a land-use permit12. The effective property-tax rate is about 0.5%, with a median annual bill of about $2,757, but verify the parcel assessment before budgeting2425.

Watch-outs

  • The county Zoning Ordinance covers unincorporated Clarke County but not property inside Berryville or Boyce, so confirm jurisdiction before relying on any land-use answer3.
  • Only about 12% of Clarke County soils avoid severe limitations for a conventional septic drain field, so secure a site evaluation before treating a rural parcel as buildable20.
  • Virginia's owner-builder exemption is limited to one primary residence owned and used by the builder in a 24-month period, and it does not remove Clarke County building-code, permit or inspection requirements11.

Sources

  1. 13VAC5-63-80. Section 108 Application for permit, quoted and re-checked
  2. Clarke County VA Building Department - Applications & Permits (2026 county census)
  3. Guidance Manual to the Clarke County Zoning & Subdivision Ordinances, quoted and re-checked
  4. Private Well Program, quoted and re-checked
  5. Guidance Manual to Clarke County Zoning & Subdivision Ordinances — Resistivity Testing, quoted and re-checked
  6. Clarke County Health Department (clarkecounty.gov)
  7. Virginia Code § 36-105, quoted and re-checked
  8. 13VAC5-63-160, Section 116 Certificates of occupancy, quoted and re-checked
  9. Code of Virginia, Title 35.1 — Hotels, Restaurants, Summer Camps, and Campgrounds (Virginia statewide rule), quoted and re-checked
  10. Clarke County Planning and Zoning Department (clarkecounty.gov)
  11. Code of Virginia, § 54.1-1101, quoted and re-checked
  12. Land use permits, quoted and re-checked
  13. Virginia Uniform Statewide Building Code (USBC), quoted and re-checked
  14. Clarke County Building Department (clarkecounty.gov)
  15. Guidance Manual to Clarke County Zoning & Subdivision Ordinances, quoted and re-checked
  16. Guidance Manual to the Clarke County Zoning & Subdivision Ordinances, quoted and re-checked
  17. Guidance Manual to Clarke County Zoning & Subdivision Ordinances, quoted and re-checked
  18. Septic & Well Records/Online RME, quoted and re-checked
  19. Permits To Construct A Sewage Disposal System and/or Private Well, quoted and re-checked
  20. 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
  21. Septic & Well Records/Online RME, quoted and re-checked
  22. Share of land at 15% slope or less: Bolthole Index county data
  23. Wooded share of land: Bolthole Index county data
  24. Effective property tax rate: Bolthole Index county data
  25. Median property tax bill: Bolthole Index county data

Written October 10, 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, Clarke County requires a building permit for a home.

RuleClarke CountyWinchester CityFrederick CountyLoudoun CountyWarren CountyFauquier CountyRappahannock County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningYesYesYesYesYesYesYes
Septic permitsVA Dept. of HealthVA Dept. of HealthVA Dept. of HealthVA Dept. of HealthVA Dept. of HealthVDHVDH

County locator

Clarke County in Virginia

50
County map
Clarke County highlighted among the Virginia counties · colored by Index score

How Clarke County scores

Seclusion19100% ev.
Self-Sufficiency73100% ev.
Admin Boringness3990% ev.
Durability71100% ev.
Property Autonomy66100% ev.
Carry Cost57100% 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 →

$579kTypical home
0.5%Property tax
$9,610Land / acre
41.4"Annual rain
3.9% of yrsSevere drought
5.7 / yr (+5.5)Mid-century 100°F days
12.5 daysMid-century dry spell
1.89" (+9%)Mid-century 1-day rain
1.53×Wildfire change factor
100%Forward climate coverage
$1,610Home insurance / yr
-0.8% / yrInsurance growth
0.33%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
143,061People within 30 min
10,425,268People within 2 hr
141,353Radius comparison (15 mi)
87.9People / sq mi
2.7%Federal land
75.9%Land at 15% slope or less
12%Soils rated "not limited" for septic (strict USDA rating)
13,020 acWorkable land screen
44.3%Wooded land
88.7 tonsBiomass / forest ac
54.1°FAvg temp

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Cities and towns in Clarke 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.

Not yet researched: Town of Boyce

Answers from the rulebook for Clarke County

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

Clarke County rules

  • County-wide zoningPresent (with conditions)

    Use of land in the unincorporated areas of Clarke County.

    • The County Zoning Ordinance does not apply to properties located in the Towns of Berryville and Boyce.
    • All properties in the county are assigned a zoning designation, and zoning districts contain use and dimensional regulations.
    “The County’s Zoning Ordinance contains the laws and regulations governing the use of land in the unincorporated areas of the County. The County Zoning Ordinance does not apply to properties located in the Towns of Berryville and Boyce (see Section C below).”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across Clarke County, including County-regulated unincorporated areas and the separate municipal areas of Berryville and Boyce.

    • The County Zoning Ordinance governs unincorporated areas.
    • The County Zoning Ordinance does not apply within the Towns of Berryville and Boyce; municipal rules must be consulted for those areas.
    • This is an aggregate conclusion and does not claim that Clarke County administers municipal zoning ordinances.
    “does not apply to properties located in the Towns of Berryville and Boyce”
  • SetbacksSpecified

    Lot and building setback requirements in unincorporated Clarke County zoning districts.

    • Setback requirements are district-specific and are found in Zoning Ordinance Section 4, Zoning Districts.
    • Additional overlay-district requirements may apply.
    • The cited guidance does not provide the numeric setback values.
    “All regulations pertaining to the area and dimensional requirements for lots (such as required setback distances from property lines) are found in Zoning Ordinance Section 4 (Zoning Districts).”
    One more reviewed finding on this topic
  • Who permits septicMixed (with conditions)

    Well and onsite sewage regulation in Clarke County, including county ordinances and Virginia Department of Health rules.

    • Virginia state regulations apply through the Virginia Administrative Code, Title 12, Agency 5, Department of Health.
    • Clarke County local requirements include Chapter 143 for septic systems and Chapter 184 for wells.
    “State Regulations Virginia Administrative Code, Title 12. Health, Agency 5. Department of Health Local Regulations Learn more about Clarke County’s well and septic requirements in its Code of Clarke County. In particular, see Chapter 143: Septic Systems and Chapter 184: Wells.”
  • Septic permitRequired

    Onsite sewage disposal systems in Clarke County.

    • The applicant applies to the Virginia Department of Health for an Onsite Sewage Disposal Permit or Certification Letter and obtains preliminary VDH approval.
    • For properties in Karst areas, electrical resistivity testing is required under County Code Section 143-9-G, except for emergency repairs as determined by VDH.
    • A county fee of $275 per drainfield is required before County geotechnical review.
    • Beginning January 1, 2024, approved resistivity-test information is required for a complete zoning permit, subdivision, or site development plan application where applicable.

    county geotechnical review fee: 275 USD per drainfield · resistivity-test approval requirement effective date: 2024-01-01 (where applicable)

    “Applicant applies for Onsite Sewage Disposal Permit or Certification Letter with VDH and obtains preliminary approval from VDH Staff.”
  • Septic inspectionLimited

    Alternative and low-pressure-distribution onsite sewage systems in Clarke County.

    • Alternative systems require annual inspection and maintenance.
    • Low Pressure Distribution systems are identified as alternative systems and require annual inspection and maintenance.
    • The page states that maintenance is not inspection and inspection is not maintenance.

    inspection frequency: per annual (alternative and low-pressure-distribution systems)

    “Alternative – systems that have a complex pretreatment system and require annual inspection and maintenance Low Pressure Distribution (LPD) – considered alternative systems, use discontinued in 2011. These systems require annual inspection and maintenance”

Virginia rules that apply here

  • Building permitRequired

    Construction or demolition of buildings or structures, and the listed installations or alterations, throughout Virginia under the Virginia Uniform Statewide Building Code.

    • A permit must be obtained before commencement of construction or demolition of a building or structure and specified installations or alterations.
    • For emergency construction, alterations, or equipment replacement, the application must be submitted by the end of the first working day after work commences; the building official may authorize work to commence pending receipt of the application or issuance of the permit.
    • Applications and related inspections are not required for the listed exemptions, including specified low-voltage or communications installations; one-story detached tool or storage sheds, playhouses, or similar structures not exceeding 256 square feet and not classified as Group F-1 or H; detached utility buildings not exceeding 150 square feet; tents or air-supported structures covering 900 square feet or less with occupant load of 50 or less; fences subject to stated exceptions; concrete or masonry walls not exceeding six feet; qualifying retaining walls supporting less than three feet of unbalanced fill; qualifying swimming pools not exceeding 150 square feet and less than 24 inches deep; qualifying signs; same-capacity replacement LP-gas containers; flagpoles 30 feet or less; qualifying temporary ramps; minor and ordinary construction work; listed ordinary repairs; qualifying crypts, mausoleums, and columbaria not exceeding 1,500 square feet; and billboard safety upgrades.
    • A permit may nevertheless be required for exempt replacement siding, roofing, and windows in a locality-designated historic district or for exempt items in a special flood hazard area.
    • A permit applicant must provide proof of contractor licensure or certification, or a written statement that the applicant is not subject to contractor or subcontractor licensure or certification; the applicant must also provide proof that required county, city, or town taxes or license fees have been paid.

    detached exempt structure area: <= 256 square feet (must be one story, detached, used as a tool or storage shed, playhouse, or similar use, and not Group F-1 or H) · detached utility building area: <= 150 square feet (must house publicly regulated utility equipment) · tent or air-supported structure area: <= 900 square feet (occupant load must be 50 or less) · concrete or masonry wall height: <= 6 feet (measured above finished grade) · retaining wall unbalanced fill: < 3 feet (must not impound Class I, II, or III-A liquids or support a surcharge other than ordinary unbalanced fill) · small swimming pool surface area: <= 150 square feet (must be less than 24 inches deep) · flagpole height: <= 30 feet · temporary dwelling ramp entrance height: <= 30 inches (serving Groups R-3 or R-5 dwelling units) · crypt, mausoleum, or columbarium area: <= 1500 square feet (must not be for occupancy, must be used solely for interment, and must not be subject to special inspections)

    “Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations, or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences.”
    2 more reviewed findings on this topic
    • Required — Construction, alteration, and regulated building-system work in Clarke County.
      “Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations, or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences.”
    • Required — Construction, demolition, regulated installations, and specified changes of occupancy in Virginia, including Clarke County.
      “Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations, or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences.”
  • Owner-builder exemptionConditional

    Virginia contractor-licensing requirements affecting owner-builders, including Clarke County.

    • The exemption covers a person performing or supervising construction of no more than one primary residence owned by that person and for that person's own use during any 24-month period.
    • Other statutory exemptions include certain bona fide gifts to immediate family, owner-developers, and specified owner work.
    • Exempt persons must still comply with the USBC.
    • Some exempt persons must obtain a certificate of occupancy before conveying the property unless the purchaser acknowledges and consents in writing to acquire it without one.

    primary residences: 1 per 24 months (residence must be owned by the person and for the person's own use)

    “7. Any person who performs or supervises the construction, removal, repair, or improvement of no more than one primary residence owned by him and for his own use during any 24-month period;”
    One more reviewed finding on this topic
    • Conditional — A person performing or supervising construction, removal, repair, or improvement of one primary residence owned by that person and for that person's own use, for contractor-licensing purposes.
      “Any person who performs or supervises the construction, removal, repair, or improvement of no more than one primary residence owned by him and for his own use during any 24-month period;”
  • Building code adoptedAdopted (with conditions)

    Construction of new buildings, structures, and additions; maintenance, repair, renovation, and changes in use of existing buildings and structures throughout Virginia.

    • The Board of Housing and Community Development adopts and amends the USBC.
    • Enforcement is the responsibility of the local government's building inspections department.
    • The Uniform Statewide Building Code does not supersede other state-agency regulations governing building-related activities not covered by the USBC, including public water supply systems, wastewater treatment and disposal systems, and solid waste facilities.
    • The Code does not supersede specified proffered conditions, special exceptions, special or conditional use permits, variances, clustering and open-space development conditions, airport or highway overlay-district requirements, historic-district requirements, or local floodplain regulations adopted for participation in the National Flood Insurance Program.

    current adopted code edition: 2021 Uniform Statewide Building Code · effective date: 2024-01-18 · adopted referenced electrical code: 2020 National Electrical Code

    “The effective date of the 2021 Uniform Statewide Building Code, 2021 Statewide Fire Prevention Code, 2021 Industrialized Building Safety Regulations and the 2021 Amusement Device Regulations is Jan. 18, 2024.”
    One more reviewed finding on this topic
    • Adopted (with conditions) — Construction, maintenance, repair, renovation, and changes of use in Clarke County under Virginia law.
      “The Board of Housing and Community Development adopts and amends the USBC.”
  • InspectionsRequired

    Construction or permits subject to the Virginia Uniform Statewide Building Code, with inspections administered by the applicable local building official or approved inspection agency.

    • The building official must conduct the listed minimum inspections when applicable to the construction or permit.
    • The minimum inspections include footings, foundations, preparatory concrete work, structural members and fasteners before concealment, electrical/mechanical/plumbing systems before concealment, energy-conservation materials before concealment, and final inspection.
    • Where construction cost is less than $2,500, an inspection may be waived at the inspecting authority's discretion.
    • The permit holder must provide ladders, scaffolding, or test equipment necessary for a requested inspection and must notify the building official when an inspection stage is reached.
    • Approved third-party inspection reports may be accepted under the building official's written policy.
    • A final inspection is required upon completion of construction for which a permit was issued.

    construction cost threshold for discretionary inspection waiver: < 2500 USD (inspection may be waived at the discretion of the inspecting authority)

    “The following minimum inspections shall be conducted by the building official when applicable to the construction or permit:”
    One more reviewed finding on this topic
    • Limited — USBC inspections for construction in Clarke County.
      “Upon completion of construction for which a permit was issued, a final inspection shall be conducted”
  • Certificate of occupancyRequired

    Occupancy or change of occupancy of buildings or structures regulated by the Virginia Uniform Statewide Building Code.

    • A certificate of occupancy must be obtained before occupancy or change of occupancy.
    • The building official issues it within five working days after approval of the final inspection and determination of compliance with the code and pertinent laws or ordinances.
    • A certificate of occupancy is not required for an IRC accessory structure.
    • A new certificate of occupancy is not required for an addition to an existing Group R-5 building that already has a certificate of occupancy.
    • A temporary certificate may be issued before completion if the portion can be occupied safely without endangering life or public safety.
    • For certain contractor-license exemptions, a certificate of occupancy must still be obtained before conveying the property to a third-party purchaser unless the purchaser acknowledges in writing that none was issued and consents to acquire without one.

    certificate issuance deadline after final inspection approval: 5 working days (when the building or structure is determined to comply with the code and pertinent laws or ordinances)

    “Prior to occupancy or change of occupancy of a building or structure, a certificate of occupancy shall be obtained in accordance with this section.”
    One more reviewed finding on this topic
    • Required — Occupancy or change of occupancy of buildings and structures in Clarke County.
      “Prior to occupancy or change of occupancy of a building or structure, a certificate of occupancy shall be obtained”
  • Manufactured homesLimited

    Placement and occupancy of manufactured homes in Virginia localities that adopt and enforce zoning ordinances.

    • In agricultural zoning districts, or similarly classified districts where agricultural, horticultural, or forest uses are dominant and site-built housing is allowed, placement of manufactured homes must be permitted.
    • In other zoning districts where site-built housing is allowed, the manufactured home must be converted to real property under § 46.2-653.1, have its certificate of occupancy issued within five years following the manufacture date on the data plate, and be placed on an individual lot.
    • Localities may adopt uniform standards applying to all residential structures in the zoning district, but those standards may not exclude manufactured housing compliant with the Virginia Manufactured Housing Construction and Safety Standards Law.
    • Restrictive covenants may continue to impose obligations.
    • Local zoning and land-use controls that do not affect construction or installation remain in force; site preparation, utility connections, skirting, and maintenance must meet the Uniform Statewide Building Code.

    certificate of occupancy deadline from manufacture date: <= 5 years (date listed on the home's data plate) · placement requirement: individual lots

    “the placement of manufactured homes shall be permitted for manufactured homes that are (i) converted to real property in accordance with § 46.2-653.1”
  • Accessory dwellingsAllowed (with conditions)

    Accessory dwelling units on residential dwelling lots in single-family residential zoning districts, under Virginia Code § 15.2-2292.4 effective July 1, 2027.

    • The ADU must be attached or detached, provide complete independent living facilities, be on the same lot as a proposed or existing primary residence, and include facilities for living, sleeping, eating, cooking, and sanitation.
    • The locality must treat ADUs as a permitted accessory use in single-family residential zoning districts, subject to the statute's listed exceptions and conditions.
    • An applicant must first obtain an ADU permit from the locality; the locality may charge no more than $500 for that permit, in addition to applicable inspection, site, or building permit fees.
    • Localities may require a rental lease term of at least 30 consecutive days; replacement or dedicated parking; floor-area, lot-coverage, and impervious-area limits of at least 350 square feet on lots under 2,500 square feet and at least 500 square feet on lots of 2,500 square feet or greater; building-code, water, sewer, septic, emergency-access, flood-zone, stormwater, historic-district, corridor-protection, and Air Installations Compatible Use Zone compliance; owner occupancy of either the ADU or primary dwelling at application; an ADU no more than 500 feet from the primary dwelling; no ADU on a residential lot with more than one dwelling unit; and no separate sale or subdivision from the primary dwelling.
    • Localities may not require rear or side setbacks greater than those applicable to the primary dwelling or accessory structures, more restrictive ADU restrictions regarding height, rear or side setbacks, lot size or coverage, or building frontage than for single-family dwellings in the same zoning area, restrictive covenants concerning an ADU on a qualifying lot, public-street improvements except for repair or reconstruction of construction-related disturbance, or consanguinity or affinity between occupants.
    • The statute does not supersede private contracts, recorded declarations, condominium instruments, common-interest-community declarations, cooperative instruments, or property-owners'-association declarations.
    • The statute does not apply to existing ADU permits approved before July 1, 2027.
    • The statute does not restrict a locality from passing before July 1, 2027, an ADU ordinance or amendment that substantially complies with the statute.
    • The statute does not apply to a locality that adopted an ADU ordinance before January 1, 2026.

    ADU permit fee maximum: <= 500 USD (Additional inspection, site, or building permit fees may apply.) · minimum floor-area limit on lots under 2,500 square feet: >= 350 square feet (Locality may impose limits on floor area, lot coverage, and impervious area.) · minimum floor-area limit on lots of at least 2,500 square feet: >= 500 square feet (Locality may impose limits on floor area, lot coverage, and impervious area.) · maximum ADU distance from primary dwelling: <= 500 feet (A locality may require this limit.) · effective date: 2027-07-01

    “§ 15.2-2292.4. (Effective July 1, 2027) Development and use of accessory dwelling units. [...] Zoning ordinances for single-family residential zoning districts shall be deemed to include accessory dwelling units as a permitted accessory use, and no locality shall require compliance with any other requirements except as provided in this section.”
  • Well permitRequired

    Private well construction in Clarke County.

    • A sanitary survey must be approved before issuance.
    • The application and fee are submitted to the local health department.
    • The local health department inspects after construction before approval for use.
    “Once the sanitary survey is approved, you will be issued a private well Construction Permit.”
  • Agricultural exemptionConditional

    Farm buildings and structures under the Virginia Uniform Statewide Building Code.

    • A farm building or structure is not used for residential purposes, is located on property where farming operations take place, and is used primarily for a listed farm use.
    • The exemption does not apply to a building or portion of a building on a farm that is operated as a restaurant and licensed by the Board of Health under Chapter 2 (§ 35.1-11 et seq.) of Title 35.1.
    • Farm buildings and structures in a flood plain or mudslide-prone area remain subject to applicable flood-proofing or mudslide regulations.
    • A qualifying agritourism farm building or structure where the public is invited to enter and which is used for display, sampling, or sale described in § 36-99 must have portable fire extinguishers, a simple written emergency plan, and the required exemption sign.
    “Notwithstanding the provisions of this section, farm buildings and structures shall be exempt from the provisions of the Building Code, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in § 35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (§ 35.1-11 et seq.) of Title 35.1.”
  • Subdividing landRegulated (with conditions)

    Subdivision of land and its development in every Virginia locality.

    • The governing body of every locality must adopt the ordinance; the resulting subdivision controls are administered through the applicable locality's ordinance.
    “The governing body of every locality shall adopt an ordinance to assure the orderly subdivision of land and its development.”
  • Driveway accessRequired

    Private entrances and driveway access on VDOT-maintained highways in Clarke County.

    • The requirement applies to work in VDOT-maintained highway right-of-way.
    • The cited permit category serves no more than two private residences, agricultural field access, or certain low-trip infrastructure facilities.
    • Local permit-office routing may apply.

    residences served: <= 2 residences (private entrance installation category)

    “Anyone who plans to work or perform an activity on or crossing any right of way under the jurisdiction of the Department must first obtain a land use permit. These include activities such as installation of utilities, construction of private and commercial entrances, landscaping, the temporary use of the right-of-way, as well as numerous other types of activities.”
    One more reviewed finding on this topic
    • Required — Construction or modification of entrances connecting to VDOT-maintained highways and activities in VDOT highway right-of-way.
      “Anyone who plans to work or perform an activity on or crossing any right of way under the jurisdiction of the Department must first obtain a land use permit. These include activities such as installation of utilities, construction of private and commercial entrances, landscaping, the temporary use of the right-of-way, as well as numerous other types of activities.”
  • Building in a floodplainRequired

    Work otherwise exempt from a Virginia Uniform Statewide Building Code permit when located in a special flood hazard area.

    • The building official may require a permit for items that are otherwise exempt under the permit-application section when they are located in a special flood hazard area.
    • The rule does not establish that every floodplain development project is exempt from other local floodplain, building, zoning, or federal requirements.
    “Application for a permit may be required by the building official for any items exempted in this section that are located in a special flood hazard area.”
  • Short-term rentalsLimited

    Residential dwelling use as a short-term rental in Virginia.

    • Existing local authority to regulate short-term rentals through general land-use and zoning authority is preserved.
    • A locality may adopt a registration ordinance, and a registration ordinance may impose a penalty up to $500 per violation for an operator required to register.
    • A locality may limit a lessee or sublessee to one short-term rental within the locality.
    • For a residential dwelling also legally occupied by the property owner as the primary residence, a local ordinance enacted after December 31, 2023, or a later amendment, may not require a special exception, special use, or conditional use permit for short-term rental use.
    • Private contracts, condominium instruments, common-interest-community declarations, cooperative instruments, and property-owners-association declarations are not superseded.

    registration penalty: <= 500 USD per violation (Only where a locality adopts a registry ordinance and the operator is required to register.) · owner-occupied primary residence special-use permit prohibition date: > 2023-12-31 (Applies to local ordinances enacted after this date or subsequent amendments.)

    “Except as provided in this section, nothing herein shall be construed to prohibit, limit, or otherwise supersede existing local authority to regulate the short-term rental of property through general land use and zoning authority.”
  • Permit feesVariable (with conditions)

    Virginia Uniform Statewide Building Code permit fees administered through local building departments statewide.

    • The local governing body establishes the fee schedule.
    • Unit rates may be based on square footage, cubic footage, estimated cost of construction, or other appropriate criteria.
    • A permit or amendment generally may not be issued until designated fees are paid, but the building official may authorize delayed payment.
    • A local building department collects a 2.0% code-academy levy on permit fees, subject to the stated statutory exception for localities with qualifying individual or regional training academies.

    code academy levy: 2 percent (Localities that maintain individual or regional training academies accredited by DHCD may retain the levy.)

    “The local governing body shall establish a fee schedule incorporating unit rates, which may be based on square footage, cubic footage, estimated cost of construction, or other appropriate criteria.”
  • Permit processPublished (with conditions)

    Construction, demolition, regulated installations, and related permit applications under the Virginia Uniform Statewide Building Code.

    • A permit application must be made to the building official and a permit obtained before covered work begins.
    • Emergency construction, alterations, or equipment replacement applications are due by the end of the first working day after work begins.
    • The building official may authorize work to begin while an application or permit is pending.
    • Applications may be submitted by mail and processed by mail unless the jurisdiction offers online processing or the applicant voluntarily chooses otherwise; an applicant may not be required to appear in person.
    • The application form is supplied by the local building department and must include a general description and location of the proposed work and other information required by the building official.
    • An application is abandoned six months after filing unless pursued in good faith or a permit is issued; the building official may grant extensions for justifiable cause.
    “Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations, or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences.”
  • Campground & park staysLimited

    Recreational vehicles and other camping units offered as campsites in Virginia campgrounds, including facilities with three or more campsites and travel-trailer camps; this claim does not establish a general residential right to occupy an RV outside the specified campground framework.

    • A campground includes land or facilities accommodating camping units for periods of overnight or longer and includes travel trailer camps.
    • A campground must be permitted by the Virginia Department of Health and is inspected annually by local health department staff.
    • Offering three or more campsites may require a campground permit, including short-term or online-advertised camping.
    • Temporary campground permits allow up to 14 days of temporary camping, consecutively or nonconsecutively, within a 60-day period.
    • Temporary campgrounds must provide at least one portable toilet per 75 campers, make sewage-tank pumping available when RVs are present, and provide an acceptable water source.
    • The statutory definition excludes property where an individual owner may choose to camp, provided the owner is not prohibited or encumbered by covenants, restrictions, or conditions from providing sanitary facilities within the owner's property lines.
    • Other exclusions include summer camps, migrant labor camps, parks for manufactured homes, construction camps, and storage areas for unoccupied camping units.

    minimum campsites for campground definition: >= 3 campsites (The individual-owner camping exception and other statutory exclusions apply.) · temporary campground permit duration: <= 14 days (In a 60-day period, consecutively or nonconsecutively.) · temporary campground permit period: 60 days · portable toilets: per 1 per 75 campers (Temporary campgrounds.)

    “"Campground" means any area, place, parcel, or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer [...] "Camping unit" means any device or vehicular type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel, including any tent, tent trailer, travel trailer, camping trailer, pickup camper, or motor home.”
    One more reviewed finding on this topic
  • county zoning authorityGeneral

    Virginia counties adopting and administering zoning ordinances over unincorporated territory statewide.

    • The zoning power is exercised by county governing bodies through ordinance.
    • County zoning jurisdiction covers unincorporated territory; incorporated areas are under municipal jurisdiction.
    • The statute permits regulation of land uses, structures, dimensional standards, open spaces, and excavation or mining, including residential and flood-plain uses.
    “For the purpose of zoning, the governing body of a county shall have jurisdiction over all the unincorporated territory in the county, and the governing body of a municipality shall have jurisdiction over the incorporated area of the municipality.”
  • county building authorityGeneral

    Virginia counties administering and enforcing the Uniform Statewide Building Code and issuing building permits for construction, including residential construction, in county jurisdiction.

    • Virginia's building code is a Uniform Statewide Building Code adopted by the State Board; it supersedes county building codes and regulations.
    • The county's role is local administration and enforcement through a local building department, not independent adoption of a conflicting county building code.
    • A county without a building department or local board of Building Code appeals must enter an agreement with another county, municipality, agency, or approved state agency for enforcement and appeals.
    • A town with a population of less than 3,500 may elect to administer and enforce the Building Code; if it does not, the county administers and enforces the Code for that town.
    • Buildings may be inspected before completion and are not deemed compliant until approved by the inspecting authority; inspections under $2,500 construction cost may be waived at the inspecting authority's discretion.
    • Building permit and enforcement fees may be levied by the local governing body.
    • Farm buildings and structures are exempt from the Building Code except for a farm building or portion operated as a licensed restaurant; farm buildings in flood plains or mudslide-prone areas remain subject to applicable flood-proofing or mudslide regulations.

    small-town population threshold: < 3500 people (The town may elect to administer and enforce the Building Code; otherwise the county administers it for the town.) · inspection-waiver construction cost threshold: < 2500 USD (The inspecting authority may waive inspection at its discretion.)

    “Enforcement of the provisions of the Building Code for construction and rehabilitation shall be the responsibility of the local building department. [...] Whenever a county or a municipality does not have such a building department or board of Building Code appeals, the local governing body shall enter into an agreement with the local governing body of another county or municipality or with some other agency, or a state agency approved by the Department for such enforcement and appeals resulting therefrom.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Zoning districts — Published zoning districts for unincorporated Clarke County.
  • Minimum dwelling size — Minimum dwelling size in Clarke County.
  • Minimum lot size — Minimum lot size in Clarke County.
  • Lot coverage — Lot-coverage limits in Clarke County.
  • Building height — Building-height limits in Clarke County.
5 more unanswered
  • Living in an RV
  • Camping on your land
  • Tiny homes
  • Off-grid sanitation
  • Mandatory utility hookup

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 Clarke County, Virginia

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

Clarke County scores 50/100 on the Bolthole Index, a solid county profile. Its strengths: workable self-sufficiency basics: 41.4″/yr rainfall and 44.3% wooded land and mixed durability signals. Watch-outs: about 143,061 people within a 30-minute drive and more administrative friction around building and land use.

Do you need a building permit in Clarke County, Virginia?

Clarke County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Virginia Department of Health (Clarke County 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 Clarke County, Virginia?

Land in Clarke County runs about $9,610 per acre, based on the latest county data.

What is the water situation in Clarke County?

Clarke County gets about 41.4" of rain a year, with severe drought in roughly 3.9% of years.

How remote is Clarke County?

A representative private-land location has about 143,061 people within a 30-minute drive and 10,425,268 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Clarke compares in Virginia

Compare side-by-side →See all 133 Virginia counties ranked →