Unincorporated Divide County

Any person who intends to construct, erect, alter, repair, enlarge, or move any building or structure within the county's jurisdiction must obtain a building permit. Agricultural buildings and structures on active farms are a permitted use in the Agricultural District and do not require a conditional use permit, but still must comply with the North Dakota State Building Code.

• Exempt Agricultural buildings and structures on active farms (permitted use in Agricultural District; still must comply with ND State Building Code)
• Exempt Non-farm residences on farms may require a conditional use permit; maximum two non-farm residences per 160-acre quarter section

Note: Even exempt work must comply with all applicable zoning requirements, drainage regulations, setback requirements, and may require approval from the Divide County Weed Board. Confirm edge cases with the Planning and Zoning Department before proceeding.

Building code

North Dakota State Building Code (2024 IBC, 2024 IRC, 2024 IMC, 2024 IFGC effective January 1, 2026; 2023 National Electrical Code for electrical work; ND State Plumbing Code for plumbing work).

Permit validity

Not specified in ordinance; contact the Planning and Zoning Department for expiration details.

Contractor requirements

State contractor licensing requirements apply under ND Secretary of State rules for jobs over $4,000. Electrical work requires licensure through the ND State Electrical Board. Plumbing requires licensure through the ND State Plumbing Board.

Source: Divide County Planning and Zoning Department / Land Use Administrator ↗

1. 01
   Obtain the appropriate application form from the Planning and Zoning Department or download from the county website.
2. 02
   Complete the application and pay fees at time of submission. Applications without fees will not be accepted.
3. 03
   Submit no later than the first business day of the month to be placed on that month's agenda.
4. 04
   For standard building permits that do not require a variance, conditional use permit, or zoning change: the Land Use Administrator reviews and issues the permit without a public hearing.
5. 05
   For conditional use permits, variances, and zoning amendments: the Planning and Zoning Commission holds a public hearing, normally scheduled on the third Friday of each month.
6. 06
   Public notice is published in the official county newspaper for two consecutive weeks prior to the hearing; adjacent landowners (within one mile) are notified at least 10 days before the hearing.
7. 07
   The Planning and Zoning Commission forwards a recommendation to the Board of County Commissioners, which takes final action at its next regular meeting.
8. 08
   If approved, the permit is issued by the Planning and Zoning Office and filed with the County Auditor.
9. 09
   Once issued, the building permit must be posted conspicuously on-site until the project is complete and all inspections are passed. No certificate of occupancy is issued until all required inspections are complete.

Typical processing time: Minimum one month for items requiring a public hearing; standard building permits may be issued sooner if the application is complete and no hearing is required.

Source: Divide County Planning and Zoning Department / Land Use Administrator ↗

• 701-965-6661 (phone)
• Divide County Planning and Zoning Department, 200 N Main St., Room 12, Crosby, ND 58730 (in-person)

Typical sequence: Building/structural inspections are arranged through the Planning and Zoning Department. The Board of County Commissioners is responsible for enforcement of the ND State Building Code.

Source: Divide County Planning and Zoning Department / Land Use Administrator ↗