Homesteading and zoning/building regulations

[CapitaineNemo]

Hi,
I'm an American citizen who currently lives in Europe. I want to homestead somewhere in the north-east part of the US and I'm interested in buying land as soon as 2009. My dream is to build a home on some large wooded acreage. Finance is not the concern, I'm working hard to be able to do this and I'm in my early twenties. My concern is the zoning and building restrictions that could drown my project. My plan is to build some 1300 square feet off the grid concrete (or SIP) home in a rural setting or in the backwoods, with a well, septic system and passive solar and wind energy system tied to a generator. Is anyone aware of what zoning and building restriction laws could prevent me to do this or live with this? Can you legally live off the grid or do you need to be tied to a grid? What makes a land OK for building? Are there restrictions because of the location of the land, do I need to have public road frontage or do I only need to have a private road? Is there a way to change the "legal status" of a land to be able to live on it all-year? The states I would like to move to are for now Maine or New-Hampshire. Any help will be very appreciated.

[rideaway]

The best way to find out zoning regs is to ask the local county planning department in the state you are looking at. Zoning regulations vary greatly from county to county. I work for the county "public services" (planning, sanitation, and building) office and as far as I know, there are no laws to tie you into the grid. However, there are very distinct laws re: building a home on property zoned forestry/grazing, such as only 1 home per so many acres, etc. Here in our county, if the planning department doesn't okay your project, you will not get a septic permit or a building permit.

A lot of counties have their zoning ordinances on-line, but they can be very confusing. Contact the local planning office when you have a list of questions to ask them. Also, be aware that they don't just make up things to tell you to irritate you and even tho they may understand you think you should be able to do something, doesn't mean they have the power to change it...

I'd love to buy a big parcel (over 80 acres or so) and put my home right smack dab in the middle of it...w/ no neighbors...

[tufhelp]

About the closest I've ever heard of along the lines of "having" to take utilities is where they have water and/or sewer lines installed, you'll in all likelihood have to join up, but that is highly unlikely out in the boondocks... Thank goodness! You may or may not be faced with building code regulations as they also vary greatly from state to state, county to county and even township to township. So make a few choices about where you think you’d like to locate and then plow the internet resources for your answers. Many government regulations are viewable on line. You also might contact some realtors in that neck of the woods and pound them with questions – get sources for their advice if possible and check out their validity – hunt up folks that live in the area off of sites like this one… Be especially cautious concerning water rights, especially if you’re interested in an area that hasn’t much water. For instance here in New Mexico there isn’t much of a problem for a domestic well for household use BUT that does not include gardening in most cases if you’re out in the boonies… Stuff like that, just be sure you dot as many eyes and cross as many tees as you can before you reach for your wallet.

[machinemaker]

In my experience in the west is that most building departments follow the national building codes as a base with possible modifications due to local needs, like here roof loads are 90 Lbs / square foot snow loads and wind loads of 100 mph for local weather. However, if you build in an area that is not used to alternative building practices you may have to educate building inspectors with doing your homework and engineering, but around here they have seen it all. I think the biggest thing in the west is septic permits are required before a well permit. Here you would need to hire a civil engineer to design even a simple septic system. I think that most counties veiw it as if an engineer designs it and inspects it then the county has no liability if the system does not work and they inspected it. Pretty much if the system fails someone can sue the engineer but not the county for bad design or installation. Zoning will vary greatly area to area. If you are in an area that is resistant to growth, zoning and building departments will be resistive. I would try to define the requirements that you are looking for as in weather, closeness to a major city or not, types of terrain, etc. I know when ever Kristine and I travel we have an eye out for what we think of as paridise. We love where we are for now, but the winters and altitude do have their draw backs.
kent

[lostinthewoods]

My only caution about dealing with county inspectors is to be sure you know the applicable laws better than they do. Some of them can be real terds! (pun intended! lol I kill me!)

lost

[CapitaineNemo]

machinemaker,

I'm looking for over 10 acres lots in the backwoods or rural areas, that are mostly wooded, preferably inhabited by whitetails and turkeys and not humans. I'm looking for seclusion as I'm sick of living in the city. I want to be able to hunt, fish, shoot and raise animals on my land. I don't mind cold climates and snow so Maine and NH are ok. I've also come across Kentucky recently but I'm not settled on that yet. If I bought some land next year I will not be able to build on it for a few years but before buying I would like to know if I will be able to build my house on it when I'll have the money. Should I check with the real-estate agent, owner and local bureaucrat to know exactly before handing the cash? Could new legislation prevent me from building after a few years?

[Catalpa]

Talk to everyone, certainly, but I'd be very cautious about believing the real estate agent.

Check with the local county and township officials, especially about zoning. If you buy a large enough parcel, there shouldn't be anyting to prevent you from building in later years. But if you buy land that is subdivided, has any current restrictions, or that is subject to development pressure, there is always the chance that new rules could prevent you from building the way you wish.

If you buy far enough out that a well and septic is needed, one route to go might be to go ahead and get the well and septic permits right away. In many places, the well and septic permits are required prior to getting a building permit. Once you have the permits, they are usually good for at least one year, and often can be renewed for additional time. That way, even if you don't build for two years after buying the land, you'll already have your permits and there won't be a problem getting a building permit.

Another thought: once you decide where you want to buy, check through the last few months of the local paper, and take a subscription to have the paper mailed to you. That will be a good way to stay on top of local issues.

Cat

[LeatherneckPA]

There is a recent trend in real estate that might help you. Back when I took my license they made a BIG deal of impressing upon EVERYBODY that all agents represent the seller, never the buyer. But in recent years there has been a trend toward what they are calling "buyer's agents". I don't have the particulars, but apparently you are now able to contract an agent who researches for you and checks out all the loopholes and pitfalls as YOUR rep. And if they screw it up you can hold them accountable. Might want to google that.

[CapitaineNemo]

Thanks for the useful information Catalpa and Leatherneck! I'll be visiting the US soon, unfortunately the opposite coast, but I'll be able to check a few things.

[Dobelo17]

Be very careful buying land with any easements on it. We bought 30 acres and it had a pipeline easement on it. It also had an easement that if inthe future they wanted to
add another line they could. We checked with the pipeline
and they told us they had no plans in the foreseeable
future of doing anything with the line. We bought the
land and cleared it and planted the yard. We purchased in
june and started building in Dec. Got the letter from Pipeline in Jan. THey were putting in a new pipleline and
a 75,000 volt powerline for a pumping station down the
road. SO before the house was ready to move into in May
they had a big ugly powerline plopped in our yard. We
have since sold the house. They ended up running 2 more piplelines and another 150,000 volt powerline down through
the yard. With and easement on your land every Tom, Dick and Harry that wants to put some piece of junk down it can.
THey either pay you for it or Condem your land. SO find a
peice of land with no easements at all. ANd be careful of ones with easements close to it also. We learned the hard
way.

BEcky

[Gwynyvyr]

The best two states for building with as little government involvement at all are Arkansas and Missouri, Kentucky being third. West Va would be a close fourth, though.
Between Maine and New Hampshire, I would go for Maine, but check out Vermont as a lot of *green* companies and people have moved there and have convinced local government to ease up on mandatory building codes in re: home wastewater/sewage systems, utility connections in rural areas, etc. Also, Vermont has more liberal CCW.

Out west you have HUGE issues with water rights, with some states even denying people the right to use rainwater catchment systems as simple as a rain barrel!

[bigdan]

i am in upstate NY. and have 222ac. zoned privite forset. and plan on building off the grid my code guy and the town so far are fine with what im doing.

[beekeeper]

I am in Maine.

Maine has no 'county' government at all, it simply does not exist.

52% of Maine is mapped out as 'unorganized townships'. Each UT has no mayor, no city counsel, no tax structure of folks on pay-roll.

I live in a Maine UT.

My building permit was filed with the state, and included with it is a certificate that I sign, when I am satisfied that the building is done and meets code. I am the only building inspector that will ever see my house.

I am not off-grid, though I have neighbors that are.

Our land prices are low. Timber forest land goes for $300 per acre, if it has pavement access with power / phone / DSL at the pavement. Forest with riverfrontage goes for $900 per acre.

Our property taxes are very low. I pay $1.05 per acre, per year, for taxes.

I currently sell produce at an Organic Farmer's Market in the city.

[CapitaineNemo]

Thanks for everything. I couldn't get back to the forum because my IP range was banned for some reason. Great to hear about all that, beekeeper. I'm really looking forward to move to Maine in a few years. Everything is too expensive and small here in Switzerland.