- What is my property zoned?
- How do I split my land?
- Why do I have to survey my property?
- Can I build on this property?
- Does the County enforce the Building Code?
- I have two parcel numbers –why can’t I build on each one?
- How long does it take to get a permit in the County?
- Where do I get a variance?
- What is a Conditional Use Permit?
Contact the department of development with the parcel identification (P.I.D.) number or the address to determine the zoning district of the property.
Administrative Land Split: procedure required by owners to split existing parcels of land administratively. Includes the creation of lots 20 acres or larger, mortgage splits and boundary line adjustments.
Plat: Procedure required by owners to split existing parcels of land through a public hearing process. Lots created less than 20 acres in size must be done by platting.
Why do I have to survey my property?
A survey is required to properly locate the property you own. This will ensure that access roads and structures are located on the correct land and set back the proper distance required by regulations.
The property must have been legally subdivided through a county process or a lot of record prior to March 1979. It must meet the zoning district’s minimum size, dimensions, and setbacks. A licensed septic designer must do soil borings to show sewer ability.
Does the County enforce the Building Code?
The county began enforcing the building code on January 2, 2009. The County contracts with Inspection Services of Central Minnesota, Inc. to enforce the code. Watab township enforces the Minnesota building code separately within their jurisdictions and contracts with AllSpec Services.
I have two parcel numbers –why can’t I build on each one?
Parcel numbers are issued primarily for taxation purposes, but not necessarily a split or subdivision of the property.
How long does it take to get a permit in the County?
Land use permits legally may take up to 60 days, however, the Benton County Department of Development tries to process permits in 5 to 10 days.
Step 1: If determined by the Department of Development that a variance will be necessary, an application for a variance must be submitted by the land owner. (NOTE: the developer(s) will provide a site plan to be submitted with the application.)
An application fee (see fee schedule) must be submitted after the application is reviewed by staff and determined to be complete. (Note: a site inspection will be made as part of the application process. The property owner is encouraged but not required to be in attendance.) Upon completion, the Department will publish a public hearing notice in the official newspaper (Benton County News and Sauk Rapids Herald) and send public hearing notices to affected property owners, as required by law.
Step 2: The Board of Adjustment will then conduct a site inspection of the property prior to the meeting. Placing stakes or flags to outline the project is required prior to the visit. The presence of the property owner is encouraged but not required for the site inspection.
Step 3: The Board of Adjustment will hold a public hearing at which the variance request will be reviewed. All persons attending the hearing may speak regarding the variance. At this hearing the variance will be approved or denied by the Board. Their decision will be recorded in the County Recorder’s Office. An appeal of a decision must be made to District Court within 30 days. Denied applications are non-refundable and an applicant cannot re-apply for a variance on the same parcel for six months.
Step 4: If the variance is approved, the applicant must then apply for any required additional permits, including Conditional Use Permit and Land Use permits, by contacting the Department and submitting a completed application(s).
What is a Conditional Use Permit?
It is a permit that is specifically and individually granted by the Planning Commission for a particular use of property as permitted within a specific zoning district. The permitted conditional uses are listed within each zoning district as a part of the Benton County Development Code. A public hearing is conducted by the Planning Commission for each conditional use permit application.