Off-Grid LawsNorth Dakota

Off-Grid Living in McHenry County, North Dakota

McHenry County has real countywide zoning (unusual for rural North Dakota) that governs land use and building placement, while septic permitting runs through the First District Health Unit and wells fall under state licensing rules; greywater, rainwater, and off-grid utility disconnection aren't clearly addressed locally, so confirm specifics with the county given its ongoing ordinance rewrite.

Is it legal to live off-grid in McHenry County, North Dakota?

There is no outright ban on living off-grid in McHenry County, North Dakota - it is legal but regulated. Zoning and land use are set locally and vary by area, putting a cabin, tiny home, or RV on raw land is set locally and vary by area, and building permits are restricted. Plan around septic/wastewater (generally allowed) and disconnecting from utilities (not clearly documented online, so confirm it locally). Because these rules are set locally, confirm the specifics with McHenry County before you buy land or build.

Read this before you act on anything below. This is my researched starting point for McHenry County, not legal advice and not a guarantee. Rules change, and the deciding facts on any specific parcel (setbacks, perc results, overlay districts, deed restrictions, road frontage) live at the county or town office, not in any database. Before you buy land or build, confirm the current rules directly with the local zoning and health offices - the sources on this page tell you exactly who to call.
Primary-source verified · reviewed Aug 202615 government, statute, or municipal sources are linked below; the verdict card cites them where a match exists.

The verdict for McHenry County

  • Zoning: Varies locally
  • Dwellings, tiny homes: Varies locally
  • Building permits: Restricted
  • Septic: Generally allowed
  • Greywater reuse: Unclear - verify
  • Rainwater harvesting: Generally allowed
  • Private wells: Generally allowed
  • Living disconnected from utilities: Unclear - verify

McHenry County at a glance

Zoning & raw-land occupancy
Varies locallyMcHenry County has adopted countywide zoning under state authority (NDCC Chapter 11-33), with agricultural districts being most permissive. Balfour, Upham, and Voltaire fall under county zoning while several other towns set their own rules; the ordinance is currently being updated. source
Dwellings, tiny homes & RVs
Varies locallyThe county ordinance sets a lot-size placement rule for RVs, but no confirmed minimum size for tiny homes was found; confirm current rules with the Planning & Zoning Commission given the ordinance rewrite in progress. source
Building permits & codes
RestrictedMcHenry County requires that any building or structure conform to the zoning ordinance for its district before being built, moved, or altered; specific code editions or inspection details are not confirmed. source
Septic & composting toilets
Generally allowedFirst District Health Unit (FDHU) issues septic/onsite wastewater permits for McHenry County; work must be done by an NDDEQ-licensed contractor or certified property owner, and systems are illegal without final inspection.
Greywater reuse
Unclear - verifyNo McHenry County or First District Health Unit page specifically addresses residential greywater reuse; not confirmed, likely handled case-by-case through FDHU's septic permitting.
Rainwater harvesting
Generally allowedNo county ordinance addressing rainwater collection was found; it appears to follow North Dakota's generally permissive state baseline, though this is not locally confirmed.
Private wells & water rights
Generally allowedNorth Dakota does not regulate private well placement or water quality, but well construction, pumps, and pitless units must be installed by a contractor licensed through the ND Department of Water Resources. source
Living disconnected from utilities
Unclear - verifyThe county zoning ordinance reviewed contains no utility-hookup mandate for dwellings, but rules in individually-zoned towns within the county are not confirmed.

Who to call in McHenry County

Offices named on official pages during research. Phone numbers appear only when the official page showed one; confirm hours and jurisdiction before you drive out.

I've been digging into McHenry County, North Dakota for anyone thinking about buying raw land and going off-grid here, and the short version is: it's more regulated than a lot of rural North Dakota counties, but there's still real room to work with if you plan carefully.

Zoning. Unlike many ND counties that skip zoning entirely, McHenry County has adopted a countywide zoning ordinance under authority granted by the state (North Dakota Century Code Chapter 11-33). That ordinance covers agricultural, residential, rural residential, recreational, commercial, and industrial districts, with agricultural (AG) zoning being the most permissive for off-grid-style living. One wrinkle worth knowing: the cities of Balfour, Upham, and Voltaire fall under the county's zoning jurisdiction, while Anamoose, Bantry, Bergen, Deering, Drake, Granville, Karlruhe, Kief, Towner, and Velva are not, meaning those towns set their own rules (or none at all). Also, the county is mid-way through a public update of its zoning ordinance, so double-check current language with the Planning & Zoning Commission before you rely on anything here.

Dwellings, tiny homes, RVs. The ordinance sets a lot-size rule for RVs (a minimum placement footprint), but I couldn't confirm any specific minimum square footage for tiny homes. Confirm directly with the county given the ordinance rewrite in progress.

Building permits. The county requires that any building or structure conform to the zoning district it sits in before it's built, moved, or altered. I didn't find published details on which building code edition is adopted or how inspections work, so ask Planning & Zoning directly.

Septic. This one's clear: McHenry County doesn't run its own health department for this, it's the First District Health Unit (FDHU), covering McHenry and several neighboring counties. FDHU requires a permit for any onsite sewage system installation or repair, work must be done by an NDDEQ-licensed contractor or a certified property owner, and a system without final inspection is considered illegal. The county's own zoning ordinance defers to state health regulations on this too.

Greywater and rainwater. Neither is separately addressed by the county or FDHU in anything I found. Rainwater collection appears to just follow North Dakota's generally permissive state baseline. Greywater reuse is genuinely unclear, treat it as something FDHU would evaluate case-by-case alongside your septic permit.

Wells. North Dakota doesn't regulate where you place a private well or its water quality, but well construction itself (drilling, pumps, pitless units) is regulated under state rules and must be done by a contractor licensed through the ND Department of Water Resources. For larger water use or drainage work, McHenry County's Water Resource District gets involved too.

Utilities. I found nothing in the county zoning ordinance mandating a grid hookup for dwellings, but I couldn't confirm the rules of individually-zoned towns within the county.

McHenry County in numbers

Worst-month sun
2.7 peak hours/day (4.5 annual average)
Heating degree days
9,326
Precipitation / snow
21.19 in / 51.3 in a year
Frost-free season
05-11 to 09-26
Elevation
1,509 ft

Open the full site report for this spot →

30-year climate normals for the nearest ZIP and distances from the town center; a specific parcel will differ. Run the site report on an address for its own numbers.

Sources

Primary sources (statutes, agencies, municipal documents)

Secondary sources (universities, regional bodies)

Only government, statute, municipal, university, and regional-planning sources are listed. Pages used to find an issue but not to substantiate it are not cited. See how this database is researched.

Live here? Help keep McHenry County accurate.

Residents, landowners, builders, and town officials: confirm what is right or tell me what is wrong. Every note is checked before it appears. Two minutes, no account.

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FAQ

Common questions about off-grid living in McHenry County

Does McHenry County have zoning that affects off-grid living?

Yes. McHenry County has adopted countywide zoning under state authority, unlike many rural North Dakota counties, though some incorporated towns within the county set their own separate rules.

Where do I get a septic permit in McHenry County?

Through the First District Health Unit, which handles onsite wastewater permitting for McHenry and several neighboring counties, not a county health department.

Can I dig my own well?

North Dakota doesn't regulate well placement, but the actual construction, pump, and pitless unit installation must be done by a contractor licensed through the ND Department of Water Resources.

Is greywater reuse allowed?

It's not clearly addressed by the county or First District Health Unit, so treat it as a case-by-case question for FDHU when you apply for your septic permit.

Is off-grid living (no utility hookups) legal here?

Nothing in the county zoning ordinance mandates a utility hookup, but rules can differ in the individually-zoned towns within the county, so check locally.