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Fillmore County, Minnesota Building Permit Guide

To get a building permit in Fillmore County, confirm which office issues permits for the property’s address, then submit the application with your plans and required documents, pay the permit fees, and pass inspections before final approval. Alliance Permitting can prepare, file and track the permit for you and schedule the inspections.

The Fillmore County Land Use Department in the Preston courthouse issues land use permits, septic and access permits for the townships, on paper by mail or in person, priced by the square foot.

Authority: Fillmore County Land Use DepartmentCode: Fillmore County Zoning Ordinance (2026 edition)Phone: 507-765-3325
Office
Land Use DepartmentCourthouse, 101 Fillmore St, Preston
House permit
$10 per 100 sq ftAll floor area, 2026 fee schedule
Septic permit
$450Type I–III systems
Started early
$500 late feeAdded to the permit fee

Outside its cities, Fillmore County’s Land Use Department, in the courthouse at 101 Fillmore Street in Preston, issues the land use (zoning) permit needed to build, move or alter a structure, along with septic, access, address and feedlot approvals. Applications are filed on paper, by mail or at the counter, and a complete one usually takes one to two days. Under the 2026 fee schedule a house costs $10 per 100 square feet of floor area and a standard septic permit $450, and work begun before the permit adds a $500 late fee.

What requires a permit in Fillmore County?

Section 404 of the Fillmore County Zoning Ordinance requires a zoning permit, called a land use permit on the county’s forms, before anyone erects, installs, alters, converts or moves a building or structure, or demolishes a historically significant one. It applies outside the incorporated cities, and inside any city that adopts the county ordinance as its own.

Land use permit needed

  • New houses, moved-in houses and manufactured homes
  • Dwelling additions, porches, decks and attached garages
  • Detached garages, sheds and workshops
  • Agricultural buildings and grain bins
  • Feedlot buildings and engineered manure pits
  • Foundations and footings for any structure
  • Filling (fill permit) and new road accesses

No permit

  • Remodeling or repair of a structure
  • Portable agricultural buildings on skids
  • Farm concrete when existing plus new attached concrete stays under 160 sq ft
  • Concrete or asphalt driveways
  • Other non-farm concrete or asphalt, except foundations and footings
  • Concrete poured inside an existing building

The ordinance carries its own sections on sinkhole dumping, bluffs and shoreland. In the Agricultural District no dwelling may be built in the floodplain, structures stay 80 feet from the top and 50 feet from the toe of a bluff, and a survey by a licensed engineer or surveyor is needed within 200 feet of a bluff top or 100 feet of its toe.

What the county decides and what the state holds

The county sets districts, density and setbacks: in the Agricultural District, at most two dwellings per quarter of a quarter section, 1,000 feet between a new house and a feedlot or rock quarry, and 73 feet from a road centerline or 40 feet from the right of way, whichever is greater. The ordinance and permit forms describe zoning and septic review; they set up no county building-code plan review. The forms point owners to the state electrical inspector, because Minnesota Statutes 326B.36 requires inspection of new electrical work, and wells follow Department of Health rules.

Fillmore County building department: who handles permitting

The Land Use Department runs planning and zoning, the floodplain and shoreland rules, septic systems and the feedlot ordinance from the courthouse. The Highway Department handles moving, utility and right-of-way permits, but access permits for county roads are issued through the zoning office and approved by the County Engineer, the Land Use Director and the County Board. Where a township has enacted its own zoning ordinance, a county application is not complete until the township’s permit, resolution or other approval is attached.

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Fillmore County permitting contacts
OfficeContact
Land Use Department (zoning, septic, feedlots)Courthouse, 101 Fillmore Street, PO Box 466, Preston, MN 55965; 507-765-3325, fax 507-765-2803; Monday to Friday, 8:00 a.m. to 4:30 p.m.
Highway Department (moving, utility and right-of-way permits)909 Houston St NW, Preston, MN 55965; fax 507-765-4476; up to 3 business days to issue
ElectricalState electrical inspector (Department of Labor and Industry), named on the county’s application forms

Cities in Fillmore County

Each city sets its own zoning and building-code policy unless it adopts the county ordinance. Chatfield straddles the Olmsted County line, and Olmsted County’s Inspections Division provides building code and permit administration for the City of Chatfield, as our Olmsted County guide explains. The county septic ordinance covers all land except cities running an approved program of their own. Flood-program status is from FEMA’s Community Status Book.

Cities in Fillmore County (Census 2025 estimates)
CityBuilding permits and flood program
Chatfield (1,866 in Fillmore)Olmsted County Inspections Division; participating
Spring Valley (2,431), Rushford (1,849), Preston (1,318), Harmony (1,028)City decides; participating
Rushford Village (796), Lanesboro (712), Mabel (700), Peterson (226), Ostrander (224), Whalan (69)City decides; participating
Wykoff (437), Fountain (400), Canton (313)City decides; no entry in the book

Fillmore County permit types

The county posts separate land use applications for dwellings and dwelling additions and for accessory buildings, plus forms for new addresses, access permits, conditional use permits, variances, rural home-based businesses and bed and breakfast or country inn establishments. The septic page carries the SSTS permit application, pumping and monitoring plan, tank abandonment and as-built forms and a land transfer checklist. Every landowner named on the deed must sign, and for a new house the signatures on the farm assumption-of-risk agreement must be notarized.

Residential permits

The dwelling form counts every level, finished or not: basement, first and second floors, attached garage, porches and decks all go into the square footage that sets the fee. A permit for a new house will not issue until the department has a septic design for a new system or a valid certificate of compliance for an existing one. An aerial photo marking the building site is required, with distances to the road centerline, lot lines, the well, the septic system, any bluff, the nearest feedlot and any rock quarry.

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Accessory buildings count one level only, and grain bins are priced from their floor area, worked out from the bin diameter. Houses may not exceed 35 feet in height.

Commercial and other permits

Uses that need a conditional use permit include country inns, sand pits and rock quarries, industrial mining, adult uses and feedlots over 1,000 animal units. Rural home-based businesses and bed and breakfasts have their own permits. On April 7, 2026 the County Board approved Resolution 2026-011, amending the telecommunications tower section to require 1,000 feet, up from 500, between a tower and a residence.

What comes before the permit

  • Buildable lot check. The county recommends calling before filling out the form to confirm the parcel is buildable.
  • Township approval. In townships with their own zoning, attach the township’s permit or resolution.
  • Septic design. A licensed designer sizes the system; soils, not the county, decide whether a mound is needed.
  • Shoreland and bluffs. Within 300 feet of protected waters the shoreland section applies, and bluff setbacks may need a survey.
  • Road access. A new driveway onto a county road needs the $200 access permit and County Board approval.
  • Address. A new dwelling needs an E911 address from the zoning office.

Fillmore County permit fees

The County Board approved its 2026 Fee Schedule on January 6, 2026; the land use rows below are from that schedule as printed in the meeting’s board packet. The version linked from the county’s feedlot page is the 2025 schedule (approved February 25, 2025, revised July 1, 2025), whose land use figures match except that it lists no $50 minimum for a dwelling permit. The Highway page still links a 2022 schedule. The office takes no credit or debit cards.

Fillmore County land use fees (2026 Fee Schedule)
ItemFee
New dwelling or dwelling addition$10 per 100 sq ft, $50 minimum
Accessory building$7.50 per 100 sq ft, $50 minimum
Engineered manure pit: over / under 20,000 gallons$750 / $200
Feedlot building permits (pits, buildings, flat concrete)$1,500 maximum
Septic, Type I–III (including holding tanks and mounds)$450
Septic, Type IV–V advanced treatment$1,000
Septic, 2,500–9,999 gallons per day$2,000
Conditional use permit (country inn, sand pit, quarry, others)$550
Industrial mining CUP / annual fee after issue$750 / $250
Variance$550
Appeal to the Board of Adjustment / appeal of late fees only$450 / $100
Rezoning$500
Late fee (work started before the permit)$500 plus the permit fee
Access permit / new 911 address$200 / $200
Fill permit$150
Rural home-based business or bed and breakfast$250

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Worked example: a house with a 1,500 sq ft basement, a 1,500 sq ft main floor, a 600 sq ft attached garage and a 200 sq ft deck counts 3,800 square feet, so the land use permit is 38 × $10 = $380. Adding the $450 septic permit, a $200 address and a $200 county road access brings the county total to $1,230.

Trade permits and who may pull them

Fillmore County issues no building, plumbing or mechanical permits in the townships. Its permit forms quote Minnesota Statutes 326B.36 and tell owners to contact the state electrical inspector, whose name and number appear on the forms, for the required inspection of new electrical work. Contractors, electricians and plumbers are licensed by the Department of Labor and Industry, not by the county.

  • Septic designers and installers. The application records both licenses, and the county posts a list of septic professionals and pumpers.
  • Feedlots. Fillmore is a delegated county: the feedlot officer handles registrations for 10 or more animal units in shoreland and 50 or more elsewhere, and construction or expansion must be reported at least 30 days ahead.
  • Water testing. Test kits for the Southeast Minnesota Water Analysis Lab can be picked up at the zoning office, and the Fillmore Soil and Water Conservation District tests for bacteria and nitrate.

How to apply for a Fillmore County permit

1. Call the Land Use Department

Confirm the parcel is buildable and which district and overlays apply.

2. Get township approval

Where the township has its own zoning, obtain its permit or resolution first.

3. Arrange the septic

Have a licensed designer prepare the system design, or gather the existing certificate of compliance.

4. Measure and mark the site

Print an aerial photo from the county GIS and mark the building with all required setbacks.

5. Complete the right form

Use the dwelling or accessory application, total the square footage and have every landowner sign.

6. File and pay

Mail or hand-deliver the application with a check; complete applications usually issue in one to two days.

7. Call before you build

Call 507-765-3325 before construction; new houses need a footing inspection.

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Review, corrections and what causes delay

An application is not complete until every item and fee, late fees included, is in. Conditional use permits and variances take about 60 days because they need a published notice and a public hearing before the Planning Commission or Board of Adjustment; conditional use notices go to owners within a quarter mile or the 10 nearest and to towns and cities within two miles, and variance notices to owners within 500 feet. Access permits wait for County Board approval. Once issued, a permit lapses unless footings, sidewalls and roof are up within one year and the building is ready for use within two. The department’s FAQ describes a one-year permit that may be extended for a second year once significant construction has occurred; under the 2026 ordinance a permit that has become void cannot be renewed, and the owner must wait 90 days before filing a new, full application.

Inspections in Fillmore County

Site inspections are required for every new house: the footings must be dug and inspected before construction goes further. Other projects may also get a site visit, and the forms ask applicants to call the office before starting.

Every septic system is inspected by the zoning office before it is covered, with at least 24 hours’ notice. A certificate of compliance lasts five years for a new or replacement system and three years after a compliance inspection. Compliance inspections are required for permitted repairs or upgrades, bedroom or bathroom additions, changes in use and before a sale or change in ownership.

New electrical installations are inspected by the state electrical inspector.

Minnesota building code

Fillmore County’s own rules are its zoning, feedlot, septic (adopted December 3, 2013, amended October 27, 2021), subdivision, soil erosion control, wind energy, airport, park and adult use ordinances. FEMA’s Community Status Book lists the county as participating in the National Flood Insurance Program since September 18, 1987, with a current flood map dated August 15, 2019.

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

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Fillmore County permit search and official resources

The department posts a year-to-date list of land use permits showing applicant, project and township (the 2026 list runs through June 30). Parcels, ownership and aerial photos are on the free Beacon GIS site, and County Board agendas, packets and minutes are posted on the meetings page.

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Fillmore County permit FAQs

How much is a land use permit for a new house?

$10 for every 100 square feet of floor area, counting basement, every level, attached garage, porches and decks, with a $50 minimum.

Can I apply online or pay by card?

No. Applications are mailed or delivered to the courthouse office, and the department does not accept credit or debit cards.

How fast is a permit issued?

About one to two days for a complete application; conditional use permits and variances take around 60 days because of the hearing.

Does remodeling need a county permit?

No. Remodeling or repairing a structure is exempt, as are driveways and concrete poured inside an existing building.

What happens if I start building before the permit?

A $500 late fee is charged on top of the normal permit fee.

Who issues building permits in Chatfield?

Olmsted County’s Inspections Division provides building code and permit administration for the City of Chatfield.

Is a septic inspection required when I sell?

Yes. The county septic ordinance requires a compliance inspection before a point of sale or change in ownership.

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