Permits required before starting construction

There are some key steps rural property owners in Eddy County must take before they can build a structure on their property. The Eddy County Commission and Lake Region District Health Unit want to remind property owners that there is a county zoning ordinance in place which directs the construction of buildings, and regulations in effect that require the health unit’s approval before installing a private septic system.

According to Eddy County Commissioner Glenda Collier, local officials have identified both rural residences and business structures for which the owners have not sought the proper approvals prior to construction. That is an issue because the regulations are in place to protect the health and safety of county residents, as well as allow the local taxing authority to accurately determine the value of a property.

The entire county is zoned agricultural, and within it there are rural residential, commercial and industrial zones. Each zoning classification has its own permitted uses. Within the agricultural zones, rural residential properties are considered permitted uses. However, all property owners in rural Eddy County must apply for a building permit before constructing or adding onto any rural residential buildings or structures on taxable property, for example homes or garages.

Commercial buildings are not permitted uses on agriculturally zoned property. Therefore, property owners must obtain a conditional use permit for property that is not classified as a permitted use, such as new commercial buildings.

The cost is $10 for a residential building permit and $50 for a conditional use permit, regardless of the value of the property to be constructed.

Sheyenne and Hamar fall under the county zoning ordinance, and therefore anyone who intends to build within the Sheyenne or Hamar city limits needs to apply for a county building permit or a conditional use permit as applicable.

Applications are available at the Eddy County Tax Equalization Director’s office, which is currently open 8 a.m. - 2 p.m. Monday through Friday. Kristy O’Connor will also email or mail permit applications upon request. Call her office at 947-2434 ext. 2015.

Return the application, fee and all other required documentation to the tax equalization office. O’Connor can directly approve/deny a residential building permit, but commercial conditional use permits require a public hearing and approval by the county zoning board. The zoning commission has 30 days to make a decision whether to deny or approve the application.

The City of New Rockford has its own zoning ordinances in place, and permits are required for all residential and commercial construction within city limits. Contact Auditor George Ritzke at 947-2461 for more information.

Lake Region District Health Unit regulates private septic systems and onsite wastewater treatment for all property that is not connected to municipal wastewater treatment. In fact, their regulations clearly state that a homeowner or property owner must have a septic plan in place before commencing construction. Candace Berg, Environmental Health Director for Lake Region District Health Unit, said the regulation has been in place since the 1980s, yet property owners continue to build without seeking the proper permit and receiving approval of their site plan.

“I’m seeing houses go up, things just pop up, and there’s no permit (on file),” Berg said Tuesday. She said they see both residential and commercial projects built without the proper permits.

Owners need to first apply for a septic permit through the Lake Region District Health Unit. Environmental Health staff will then come to the site and meet with the owner and/or contractor and conduct soil testing to determine onsite sewer design parameters. The LRDHU will then conduct a site assessment to determine whether the soils can provide adequate treatment. These programs ensure that ground water resources will not be threatened, and stipulate appropriate setback distances from buildings, driveways, property lines and surface waters.

These regulations are in place to protect the environment and prevent the spread of disease.

Just because a system is functioning does not mean it meets LRDHU regulations. In fact, many rural systems designed and installed many years ago were “grandfathered” in, even though some were designed to simply dispose of sewage, or wastewater, in a ditch or other area. Contrary to what many believe, sewer systems are not grandfathered in for the life of a property. In fact, they should be evaluated regularly, and especially when the property owner plans any renovations or additions. New structures require a complete design plan to ensure that the system is designed for the way the occupants intend to use the space. For example, the design is different for a one bedroom, one bath home than it is for an office building with two public restrooms.

Modern onsite wastewater systems are designed to actually treat the graywater, or sewage, to reduce its impacts on the environment. If not properly treated, sewage can seep into groundwater and runoff into surface water and contaminate the water supply. Additionally, any animal or human that comes into contact with sewage is potentially exposed to disease-causing pathogens and nitrates.

There are a variety of resources for rural property owners on the Environmental Health page of the LRDHU website: https://www.lrdhu.com/environmental_health.html. Specific documents that may be of interest are the Homeowner Septic System Checklist, Water Conservation Ideas, Home Management Ideas and NDSU Water Quality - Septic System.

The application for a sewer permit is also available on LRDHU’s website: https://www.lrdhu.com/images/ApplicationforPermitSewer4-2020.jpg

There are several licensed onsite wastewater contractors in LRDHU’s service area, and Berg encourages all property owners to seek a contractor from the agency’s list to ensure that the system will be designed to code, properly installed and ultimately approved by the health unit.

Private septic systems should also be inspected prior to the sale of a rural property. In fact, LRDHU regulations require that a property owner have the septic system inspected prior to sale. This is to protect both buyer and seller, per Berg. Lake Region District Health Unit is the only health district in the state that requires inspections for transfer of property, regardless if the buyer pays cash or obtains a loan through a financial institution. The regulations have been in place since the 1980s.

Contact the Environmental Health office at LRDHU for more information and with any questions. The LRDHU is housed within the Ramsey County Courthouse in Devils Lake. The courthouse is open. However, appointments are preferred and visitors must wear masks. Berg will mail or email forms upon request. Call Berg at (701) 662-7039 or email [email protected].

What do I need to do before I build a new structure or add onto an existing home or business property?

 • Apply for a septic permit through the Lake Region District Health Unit. Environmental Health staff will then come to the site and conduct soil testing at the site to determine onsite sewer design parameters.

 • The contractor installing the system must present a design plan to LRDHU for approval before installation begins.

 • Apply for a building permit or conditional use permit, as applicable to your project. All rural property owners must have a copy of the septic system permit attached to the building permit application.

 • Business property owners seeking a conditional use permit will need to attend a public hearing of the Eddy County Zoning Commission. The zoning boatrd meets the first Monday of January, April, July and October, at 8:30 a.m. in the Eddy County Courthouse.

 • Do not commence construction until the above steps are complete, appropriate permits are obtained and fees are paid.