Zoning and Permitting: Your Tiny Home Guide

Unlike buying traditional housing, there can be significant gray areas surrounding buying or building tiny homes.  While tiny homes offer an affordable and appealing way of living, they are not yet universally accepted in all areas.  Local governments, even in rural areas, can have strict regulations that dictate where and how you can place any small dwelling.  Ignoring these rules can result in hefty fines, forced relocations, or even being unable to legally live in your home at all.

Why is zoning a problem for Tiny Homes?

Zoning laws are put in place to regulate land use, building sizes, safety standards, and community aesthetics.  Because tiny homes are still so new to much of mainstream housing, many local governments are determining how to classify them.  The traditional zoning categories don’t always allow the unique tiny home advantages to fit in those neat government boxes.  Here’s a deeper look into why zoning laws matter, what to research, and common issues you might not expect.

Some common zoning issues for your consideration

• Minimum Square Footage Requirements: Many areas have a minimum size requirement (sometimes 600-1,000 square feet).  If you have a smaller tiny home of 300-400 square feet, then this is worth consideration.
• Permanent vs. Non-Permanent Structures: Some places have no issues with tiny homes on foundations, but prohibit mobile tiny homes or tiny homes on wheels (THOWs).  This is especially an issue if your tiny home is legally classified as an RV, as many localities don’t allow for full-time residency in mobile dwellings.
• Single-Family Zoning Restrictions: Some residential zones prohibit multiple dwellings on a single lot, which can complicate using your tiny home as an ADU (Accessory Dwelling Unit).
• Land Use Restrictions: Even if you own land, you might not be able to live there. Agricultural land, for instance, might permit constructing barns or sheds, but prohibit residential dwellings.  Rural areas can have less restrictive zoning, but that’s not a guarantee, even for remote locations.
• Road Access and Emergency Services: Zoning laws can require certain types of road access for emergency vehicles.  If your tiny home has an access drive too narrow for an ambulance, you might need to do some tree clearing or lay down some gravel.

Then What Do I Do?

The sheer amount of information floating around online can seem overwhelming, especially for anyone new to this space.  You may be wondering, “Then how can I know if my dream tiny home with a roof deck is legal or not?”  There are no simple answers, but here are some great places to start.  As tempting as it is to barge ahead with your dream and worry about regulations later, keep in mind the below authorities ultimately have the final say.

1. Contact your local Government Offices.  Generally, the one most relevant authority regarding housing options will be your city/town council or planning department.  Even if they can’t answer your most specific questions, they can direct you appropriately.  Places to start with include the Mayor’s office, City Attorney’s office, Department of Housing, or Planning Board.
2. Check your State and County regulations.  Some states are more friendly to tiny homes than others.  Also ensure to check for recent updates in legislation; don’t base your plan on outdated information from a friend.
3. If your property falls within a Homeowners Association (HOA), remember to verify your plans for compliance before you start investing, because they can have incredibly specific requirements. You do not want to lay your foundation, and then discover there is a Setback Ordinance you weren’t aware of.
4. Contact a tiny home advocacy group, such as the Tiny Home Industry Association, for further resources.

Tedious though they may be, zoning laws can make or break your dream tiny home.  Before you’re off to the races, taking the time upfront to understand legal requirements can save costly mistakes in the long run.  Even if a friend hit endless red tape with their tiny home, that doesn’t mean you will too.  States and cities are loosening restrictions frequently (see California’s new ADU handbook for example.)