Clay County, Minnesota Building Permit Guide

For land outside city limits, Clay County’s Planning and Zoning office at the Government Center in Moorhead issues the development permit, which the county also calls a building or zoning permit. The application is first signed by a township officer, then processed within about 10 days, and the fee is $25 plus $1 for every $1,000 of structure value, so a $200,000 house pays $225. Septic work goes to Clay County Environmental Health, and each of the 11 cities issues its own permits.

What requires a permit in Clay County?

The governing law is the 2025 Clay County Land Development Ordinance: Zoning and Subdivision Regulations, adopted by the County Board on June 3, 2025 and being codified into the County Code. It treats any activity it defines as “development” as needing a permit, and its development permit is the same document the ordinance also calls a zoning certificate. The county’s FAQ puts it more simply: any construction in rural Clay County needs a building (zoning) permit.

The county’s permit web page and FAQ still list sheds among the structures needing a permit; the 2025 ordinance is the adopted rule, so a small shed that meets its size test outside shoreland and flood districts is exempt, while one inside those districts is not. Separate vegetation and land alteration permits cover moving more than 10 cubic yards on steep slopes or in shore and bluff impact zones, more than 50 cubic yards elsewhere, and grading or filling of type 2 to 8 wetlands.

What the county decides and what the state holds

The development permit checks zoning: use, lot, setbacks, shoreland and floodplain standards. The ordinance does not adopt the State Building Code, and the county describes no plan review or construction inspections for houses. Electrical permits come from the Minnesota Department of Labor and Industry (DLI), and wells from the Minnesota Department of Health, since the county does not administer the state well code.

Clay County building department: who handles permitting

Planning and Zoning, under Planning Director Matt Jacobson, handles development, solar, land alteration, sign and home occupation permits, subdivisions and parcel changes, and the Board of Adjustment and Planning Commission; its listed functions also include fence, parking lot and home occupation standards, the gravel tax and complaints about zoning violations. Septic systems belong to Clay County Environmental Health, led by Director of Environmental Health Kent Severson, and county road access to the Highway Department. Townships that adopt their own zoning keep it, and the developer must get the township’s permit too; the county does not administer township rules.

Cities and joint powers areas

The county does not issue building permits for its 11 cities; each city hall handles its own permits and decides whether it enforces the State Building Code. Two areas outside the cities have also left county zoning: the Barnesville Joint Powers Area (Barnesville City Hall, 218-354-2292) and the Oakport Joint Powers Area (City of Moorhead Community Development and Planning, 218-299-5370).

Clay County permit types

Applications can be filed through the county’s online submission portal or on paper forms from the Planning and Zoning office. Development and solar permits follow the same path: complete the form, take it to a township officer for signature, then return it with payment for the director’s final action.

Residential permits

The development (building) permit form asks for the owner, address, tax parcel number, current use of the property, shoreland data if the site is within 1,000 feet of a lake or 300 feet of a river or stream, the contractors, construction details and a site sketch. Once approved, the county mails a zoning certificate to post in a conspicuous place at the site. Construction must begin within six months and be substantially complete within one year, or the permit lapses. If the property is in the shoreland district, or the project adds a bedroom, the septic system must be inspected and certified through Environmental Health first. Buildings must stay at least 3 feet from a well. A small solar system serving a home or business uses the solar energy permit instead, with a site plan showing the system in relation to the other structures and the property lines.

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Commercial and other permits

Uses that need a hearing go to the Planning Commission (conditional use, interim use including home occupations and mining, rezoning, text amendments and platted subdivisions) or to the Board of Adjustment (variances and appeals). Solar farms and community solar gardens need a conditional use permit. New animal feedlots are barred from shoreland, and outside shoreland a new feedlot of 10 to 49 animal units needs an administrative permit. Signs and home occupations have their own $50 administrative permits.

What comes before the permit

• Township signature. Some township officers sign on their own; others ask the applicant to attend a township meeting.
• Floodplain. FEMA flood maps for each township are on the county website, and the ordinance sets the regulatory flood protection elevation 1 foot above the base flood elevation, plus any floodway increase.
• Septic certification in shoreland or for a bedroom addition.
• Road access. A Highway Department access permit before any work in a county right of way.
• Parcel changes. For approval before January 1, 2027, single-lot subdivisions, parcel combinations and boundary line adjustments must be filed by December 15, 2026.

Clay County permit fees

Planning and Zoning fees are listed on the county’s Applications and Requests page, which gives no adoption date; recording fees can be added where documents are recorded. The septic fee comes from Environmental Health’s May 2026 application form and the access fee from the Highway Department.

The county’s own example: a $200,000 house pays $25 plus 200 × $1, or $225. On the same formula, a $40,000 pole building pays $65. Fees are paid when the signed application is returned.

Trade permits and who may pull them

Clay County issues no electrical, plumbing or mechanical permits. In the unincorporated county, DLI issues electrical permits and inspects the work, using the 2026 National Electrical Code for permits filed on or after August 17, 2026; electricians, plumbers and residential building contractors are licensed by the state. An applicant or an authorized agent may sign the county’s development permit application.

• Septic installers must give Environmental Health a design before installing and call for the inspection at least 24 hours before the system is covered.
• Well contractors must seal unused, unsealed wells that lack a maintenance permit; the Soil and Water Conservation District runs a cost-share program for sealing.
• Driveway contractors work under the access permit: where a culvert is needed the county provides one per quarter section in rural areas, the applicant installs it and pays for the fill and excavation, and the department inspects before construction and after completion.

How to apply for a Clay County permit

Review, corrections and what causes delay

The county processes a complete, township-signed application within 10 days, and its FAQ asks applicants to allow 7 to 10. Waiting for a township meeting is the usual added step. Hearing items take longer: the Board of Adjustment and Planning Commission met on Tuesday, October 20, 2026, at 5:30 p.m. and 7:00 p.m. respectively, at the courthouse, and applicants can ask to join virtually. Small solar permits are reviewed in 5 to 10 business days, and work may begin only after the permit issues.

Inspections in Clay County

Environmental Health inspects rural and urban septic systems. Every new system needs a design, a permit and an inspection before backfilling. Every existing system must be certified by the county before a property changes hands, and the seller arranges that inspection; for sales between November 1 and April 30, the county sewer code lets the request be filed before closing with the inspection completed by July 1. Repairs found necessary are negotiated between buyer and seller.

The Highway Department inspects a proposed access, marked with a lath or stake at its center, for safety, sight distance, spacing and drainage before approval, and again after completion; both inspections are covered by the $125 fee. Planning and Zoning enforces setbacks and investigates complaints of zoning violations; the county posts no building-code inspections for houses, and wiring is inspected by the state.

Minnesota building code

Clay County administers zoning, subdivision, shoreland and floodplain rules in its townships under the 2025 Land Development Ordinance. FEMA’s Community Status Book lists the county in the National Flood Insurance Program since May 5, 1972, with a current flood map dated April 17, 2012, and lists Barnesville, Dilworth, Felton, Georgetown, Glyndon, Hawley, Moorhead, Sabin and Ulen as participating too.

Minnesota has one State Building Code that applies statewide and overrides local building codes, but enforcement is local: whether a building permit is needed depends on whether the city, township or county enforces the code there. Electrical permits come from the Department of Labor and Industry unless the local government runs its own electrical inspection. Minnesota rules

Clay County permit search and official resources

For a past development permit, variance or conditional use permit on a rural parcel, ask Planning and Zoning; for septic certifications, Environmental Health. Access permit applications are filed and paid in the Highway Department’s online ePermitting system.

• Clay County Planning and Zoning
• Development permits
• Applications, requests and fees
• 2025 Land Development Ordinance page
• 2025 Land Development Ordinance (PDF)
• Joint powers areas
• On-site septic systems
• Septic permit and certification application (May 2026)
• Environmental Health
• County FAQs
• Apply for an access permit
• Access management policy and procedures
• Highway Department
• DLI electrical codes and standards
• FEMA Community Status Book, Minnesota

Clay County permit FAQs

Does Clay County issue building permits in Moorhead or Dilworth?

No. Building permits for the cities are issued by each city hall; the county covers the townships outside the joint powers areas.

How much does a rural building permit cost?

$25 plus $1 per $1,000 of structure value; the county’s example is $225 for a $200,000 house.

Why does a township officer have to sign my application?

That is the county’s process for development, solar and similar permits; the signed form then goes to the Planning and Zoning Director for final action.

Do I need a permit for a small shed?

Not under the 2025 ordinance if it is an accessory structure with a foundation and 144 square feet or less of floor area, or without a foundation and 400 square feet of floor area, outside shoreland and flood hazard districts; setbacks still apply. The county’s web pages still list sheds, so confirm with Planning and Zoning.

When must my septic system be inspected?

Before any sale, for a building permit in shoreland or a bedroom addition, and for every new system before it is backfilled.

How long is a permit good for?

Work must start within six months and be substantially complete within a year.

How do I find out if my land is in a floodplain?

FEMA flood insurance rate maps for each township are posted on the county website, and Planning and Zoning staff will look up a parcel by phone at 218-299-5005.

Who approves a new driveway on a county road?

The Highway Department, through its online ePermitting system; the $125 fee covers an inspection before construction and one after, and the county provides the culvert if one is needed.

Simplify Clay County permitting with Alliance Permitting

Alliance Permitting is a permit documentation and submission company in Minnesota. We prepare your paperwork, file it correctly and coordinate with the permitting authority through issuance. We are not a contractor and we do not perform licensed plan review or inspections; that work stays with your licensed team and the jurisdiction.

This guide is provided by Alliance Permitting for general information about Clay County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.