Do I need a permit to build my cabin?

Here’s a conversation I’ve had many times:

“Ok, so I’ve got this amazing piece of land upstate. I want to put a cabin on it. I’m pretty sure we don’t need permits.”

“Did you speak to the town’s enforcement officer already?”

“No, it’s going to be small. I think we’ll be OK.”

“How small? Under 140 square feet?”

“No, I was thinking like 900 square feet. But I want it to be off-grid, so I don’t think they’re necessary.”

“Ok, that’s likely going to need a permit and engineering stamps…”

Photo by Daniel McCullough on Unsplash.

I’m not sure where the confusion comes from, but it’s understandable. It feels like you should be able to drop a small cabin on your land without needing to jump through hoops. Stories of Texas or North Dakota, where zoning codes are non-existent, and land is common on social media, may add to this belief. Gurus preach fast and cheap ways to homestead.

However, here in NY, ME, CA, WA, or OR—pretty much any coastal state or piece of land within three hours from a major metro area—you’ll find that building anything other than a patio is more complicated than you want it to be. This issue has caused significant problems for our housing supply and the cost of living in these desirable areas. But that’s a conversation for another day. It’s important to keep in mind that these laws were set up for your safety and the safety of others. While they may feel overly cumbersome, they are rooted in ideas that benefit the public.

Red Tape!

Navigating the Permits, Zoning, and Building Codes Needed to Build Your Cabin

One major problem is that zoning codes in small towns and counties are often vague and underdeveloped. This causes confusion. While you may think that the lack of clear guidelines makes anything allowable, it usually means most builds are up to the discretion of the local zoning boards. Generally, every town has its own set of laws regarding what is permissible. Some have online databases of their laws and maps, while others have limited information available online and require you to go into town hall to read a printed book.

To complicate matters further, zoning and building codes do not explicitly state when an engineer or licensed architect is needed. Those requirements are usually determined by the state education code. Unfortunately, this often kicks most decisions for residential projects back to the local code enforcement officer through Articles 145 (engineering) and 147 (architecture). Article 147 states:

“In addition to the cost, the basis for meeting the provisions of this section should be the scope and nature of the work involved, and its relationship to structural and public safety. With the intent being clear, the decision to require the seal and signature of a licensee rests with the authority having jurisdiction. While the replacement of an existing door, window, or other opening may involve revisions to existing structural members, and the installation of a new door, window, or other opening would require new structural members, not all such situations would necessarily warrant the services of a licensee. It would be up to the authority having jurisdiction to consider the structural safety and public safety factors of the particular situation before determining the need for a seal and signature.”

Which means…don’t upset them!

The Types of Cabins You Can Build

When considering whether or not you need permits for a cabin, there are generally three types of cabins that fall under different categories.

1. Single Family Residence

The first type is a single-family residence. This is essentially just a new home and almost always needs permits. If it’s under 1,500 square feet, you may not need an architect’s stamp. However, if you’re building it on a foundation, you’ll at least need the foundation and site plan to be stamped by an engineer. It doesn’t matter if these are built on-site, prefabricated, or modular.

2. Detached Structure

The second type is a category referred to as a “detached structure.” These structures are more of a grey zone, but the defining characteristics are that they are not on a foundation and are small in size. The square footage is typically determined by local code and may range from a maximum of 195 SF to 400 SF. A good way to think about this is as a glorified shed. They can be prefabricated or built on-site but can almost never be used as a permanent home.

3. Tiny Home on Wheels

The third category is technically an RV, commonly referred to as a “Tiny Home on Wheels.” These are typically built on trailers and may even be road legal if they’re certified by the RVIA. They are almost always prefabricated unless you build them yourself (in which case, it won’t be RVIA certified). We’ll refer to them going forward as “trailer builds” because the term "tiny house" doesn’t encompass what we build! The cabin itself typically won’t require permits to place on your land, but keep in mind there are many other things you may want or need that may require permits.

Additional Permits for Your Cabin

The first of those things is utilities—power, water, and sewage. If you’re running electrical and plumbing, digging or hooking up to a well, or installing or attaching to your septic, you’ll always need permits for those items. Additionally, something as simple as a deck may require building permits (as our prototype did), depending on its size and height. Any mechanical equipment, wood-burning stoves, or fire pits may also need permits. The good news is that your local trades and contractors can likely pull these specific permits easily and cheaply.

Your best bet is to speak with the building code enforcer of your local town before you begin construction. It’s much cheaper to find these things out beforehand. That said, let’s talk costs.

A man frustrated by the complexities of his local zoning regulations while trying to build a simple cabin. (generated with ai)

The Cost to Build Your Cabin

You’ll, of course, have your hard costs—those are the costs of the cabin, utilities, and any other auxiliary construction. On top of those, you’ll have soft costs. These are the costs for plans, permits, surveys, etc.—anything that is not a physical good or labor directly related to the construction of the cabin.

Plans can range from free (likely not very beneficial in the construction beyond layout) to thousands of dollars for custom, permit-ready construction documents. If you’re building a proper cabin that requires permits and engineering stamps, I’d recommend budgeting at least $12,000 for a designer and engineer to create the drawings and specifications for the permit application. Expect $5,000 to $7,000 just for the engineering stamps. This may seem like a lot, but keep in mind they are taking on significant liability.

For a well-designed and custom detached structure or trailer build, you may be looking at closer to $5,000, or you might find pre-designed plans for under $1,000. You can check out Offsite’s pre-designed plans here, or we can help you design a custom build.

There will usually be a set of fees associated with filing for a permit, and these vary drastically from town to town and based on the complexity of what you need to file for. Often, they are attached to the square footage of the build, so don’t expect anything crazy for a small cabin. Make sure to check with your building department for the schedule of fees they will require. It will likely be several hundred dollars but may be lower or higher.

Finally, you may be required to have surveys done of your land, including soil tests if you do not already have one. Again, this is very case-by-case, and rates vary depending on your market and the size of your property. They can range from several hundred to a couple thousand dollars.

The majority of these fees may be avoided if you’re putting on a detached structure or trailer build. However, if you’re building a single-family home, it’s best to expect needing them all.

Tips for Getting Your Cabin Built

Help Me Build!

First, remember that while this process can be overwhelming and hard to navigate, it’s extremely achievable. People do it all the time! Patience and perseverance are your greatest weapons in getting something built. The good news is, we’re here to help!

It’s also important to keep in mind that building is a community endeavor, whether you want it to be or not. People take their communities, towns, and jobs very seriously—and they should! Building cabins almost always adds to the beauty and character of a community. It also creates work for locals and supports local property values. Most people you come across will support you building on your property—as long as you go through the proper channels to get it done.

Finally, hiring a local contractor with a good reputation and experience in the town will likely make it much easier to pull permits. The enforcement officer trusts them. If their reputation is bad, expect a headache—ALWAYS get referrals! So much of the determination for permitting requirements comes down to “Is this a safety hazard?” The building officials will trust someone they know to build properly. If you’re building it yourself and they don’t know your skill level, they are more likely to require you to have an engineer sign off on plans.

You’ve got this! We’re here to help. If you want to set up a call to learn more, just give us a shout!

hello@offsite.camp