Can I Put a Tiny House on My Property-All the State Laws

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Last Updated on September 4, 2024 by Paul Clayton

Can I Put a Tiny House on My Property-All the State Laws

When considering adding a tiny house to your property, it is imperative to understand the legal framework that governs this choice. The question, “Can I Put a Tiny House on My Property?” is not just about spatial practicality but also about complying with state laws that vary significantly across the country.

Key Takeaway

Placing a tiny house on your property depends on various regulations that differ by state and even locality. It’s crucial to research the specific laws in your area before building or placing a tiny house.

Summary

• • Tiny houses can be placed on your property, but regulations vary significantly by location.
  • Zoning laws and building codes are the key factors to consider. These regulations may dictate size restrictions, permitting processes, and utility connections.
  • There are two main types of tiny houses: on wheels and foundation. Regulations can differ between these types.
  • Tiny houses on wheels are sometimes seen as recreational vehicles and might require registration with the state’s Department of Motor Vehicles.
  • Tiny houses on foundations are more likely to be considered permanent residences and may need to comply with stricter building codes.
  • Some states and localities have specific allowances for tiny houses, while others have restrictions or outright bans.
  • The report explores regulations in several states, including Alabama, Alaska, Arizona, Arkansas, and California.

The world is becoming more cluttered and complex, so many opt for simpler lifestyles and smaller homes. 

I know it’s quite a daunting task to find the perfect location for your tiny home. But do not be discouraged from pursuing your tiny home dreams. 

Plenty of options are available for tiny homeowners, including putting their tiny house on their property. 

Yes, you read this, right? However, the regulations and rules will differ according to the areas or states, and you might have to make some changes while building your house. 

Moreover, tiny homes constructed on vacant land have different rules than small homes created on properties that previously held other primary residences.

Tiny House Building Codes

Whether you desire to construct a tiny house on your property or relocate into a remarkable tiny home community, the laws will differ based on the area. 

Before you finalize your plans and move into a tiny home, you must go through the state’s regulations to fully enjoy your tiny luxurious house. 

Zoning regulations and building codes usually cover the rules and regulations. These tiny residential house building codes are as follows:

• A tiny home should have one complete bathroom. 
• Its ceiling height should be six feet four inches.
• The common areas should have a ceiling height of about six feet eight inches.
• If your tiny home possesses a loft, a stair or a ladder is mandatory.
• It should have one window for an emergency exit.
• It must comply with the International Building Code (IBC) or the International Residential Code (IRC) requirements. 

Remember that these codes mentioned above are not general. Therefore, location-specified research is mandatory. 

Zoning Regulations

Zoning laws determine which physical structures can be built in each land area. Hence, it can be very tricky because the laws vary from one location to another.

That is why it is crucial to do in-depth research and comprehend the regional regulations before putting a tiny house on your property.

Moreover, you can contact the authoritative regional department; however, the procedure can be pretty cumbersome when changing the zoning regulations. 

Tiny Homes Variations

Tiny houses are of two types, and the regulations may vary among the kinds dramatically. The variations are as follows:

Tiny House on Wheels

Tiny homes without foundations can be built on wheels or within pole barns. These homes are often present in those areas where foundation-based tiny homes are not permissible. 

Since they have a wheeled platform, the local government sees these homes as recreational vehicles. Plus, they require registration from the state’s automobile department. 

As the law considers this kind of tiny home like an RV, several states don’t permit you to put it on the property. 

Tiny Home On Foundation

It is a miniature version of an average home. These houses can be built on-site or transported to the property to be permanently attached to the foundation.

Moreover, it is much easier for homeowners to add or transport a tiny house on their property than the people constructing it as their exclusive residence.

Tiny homes are often considered primary residences because they are built on lands without other residential houses.

However, it is also defined as a secondary house when a tiny house is constructed on an allotment that previously had other residential homes.

These foundation-based tiny homes are termed accessory dwelling units (ADUs), granny cottages, or granny flats. In several states, there are regulations that you can only build accessory dwelling units on properties that already have existing homes.  

State Regulations and Codes For Tiny Houses

Zoning regulations, building codes, and various other factors differ from one state to another. Therefore, your first step should be to search for a befitting place. 

Before buying a miniature house, explore the state’s codes and laws. You should also contact regional agencies for more detailed information. 

• Alabama 

Alabama does not widely accept tiny houses. The zoning requirements and building codes vary from one county to another. 

Today, several counties, such as the specific regions of Jefferson County, permit ADUs, but their construction should not exceed 200 sq. Ft.

• Alaska

It is slightly lenient towards those who want to opt for a tiny lifestyle. However, the laws still vary among towns and counties. 

Anchorage Metropolitan considers a tiny home with a wheeled platform as an RV, and a small home on a foundation must comply with building codes. 

Furthermore, the owners should have a use permit, and the house should be attached to sewer and water systems.

• Arizona 

This state doesn’t have any zoning or building requirements; therefore, county and city regulations and laws prevail. Currently, Pima County is the most miniature home-friendly region and the second-most populous county. 

It allows the legal construction of tiny permanent houses in areas zoned explicitly for nuclear families and provides specific building requirements for tiny homes. 

• Arkansas

Several areas of Arkansas still do not accept the tiny home lifestyle. Few towns allow small houses in Arkansas, and one of them is Walnut Ridge. 

A recently established law in Walnut Ridge requires tiny residential homes to be 600 sq ft at minimum. 

In contrast, Rogers, a town in Arkansas, only permits the on-site construction of permanent foundation tiny homes in selected areas.  

• California 

Living in California is not cheap, and people searching for affordable housing must be happy to know that this state is quite welcoming. 

The authorities consider tiny houses ADUs and allow them with slight restrictions. Fires recently engulfed Sonoma County; therefore, it is temporarily allowed to live in a tiny house without construction permits and zoning regulations.

You can put tiny houses on wheels on your property in San Francisco and Fresno, but they are considered secondary dwellings. However, it is allowed only in residential neighborhoods. 

Furthermore, in California, you cannot use recreational vehicles as permanent houses.

• Colorado 

There are no laws or regulations related to tiny homes, but several counties are taking initiatives for people who want to go tiny.

For instance, the codes are established by Park County for the on-site construction of tiny houses. The size of the house should not go beyond 220 sq. Ft. Moreover, you have to fulfill all the residential building rules.

The other location in Colorado is Walsenburg, where all tiny houses should meet residential building codes.

• Connecticut 

This is the most strict state for constructing tiny houses and tiny homes on wheels. However, several advocates still seek to legalize affordable tiny houses in this state.

• Delaware 

There are no specific laws about tiny houses, but advocates are working hard to change that. This region considers tiny mobile homes RVs, and you must title your camper within thirty days of purchase. 

Delaware considers any dwelling units less than 400 sq. ft.—modular or mobile homes. 

• Florida 

Several counties and towns, such as Sarasota County, Orange County, and St. Petersburg, have adopted tiny home regulations.

You must register your tiny home on wheels at the DMV (Department of Motor Vehicles). In St. Petersburg, all ADUs should be between 375 and 750 sq. Ft. 

Orange County allows ADUs not less than 400 sq. Ft. Moreover, if you wish to reside in Sarasota County, you have to place your home on the foundation.

• Georgia 

This state is now adopting tiny house building codes. For instance, Atlanta considers a tiny home with permanent occupancy or a kitchen stovetop an ADU. These units are permissible in a specific zone. 

In contrast, a miniature house that is temporarily occupied or doesn’t include a stove will be categorized as a guest house. These guest homes are permissible in every zone.

• Hawaii 

This whole state covers the regulations and requirements for tiny houses, and it is a tiny home-friendly region.

Hawaii offers two options. You can either buy land for your tiny home or lease a lot from a proprietor or friend. 

In Hawaii, a tiny home on wheels is considered a residential dwelling; hence, it should comply with zoning restrictions and be registered with the DMV. 

• Idaho

Idaho allows prefabricated and on-site-built dwellings, which should be around 150 sq. Ft. and comply with HUD safety standards. 

Tiny houses considered recreational vehicles should be 8.5 feet wide. These houses are ideal for recreational or emergency housing. 

• Illinois 

Illinois does not provide any specific regulations or laws on having permanent structures. In a few areas, tiny homes are permissible only on private properties.

• Indiana 

Indiana allows owners to construct their tiny homes by following the Log Cabin Rule. However, this rule does not support the tiny homes on wheels.

• Iowa 

Iowa is relatively small and has not yet recognized a tiny house as a residential dwelling. Moreover, larger communities usually dislike tiny houses.

• Kansas 

Kansas embraces foundation-based tiny homes on a property but has not yet accepted wheeled platform tiny homes. 

This state has specific regulations, such as the foundation-based home should have one 120 sq. Ft. room and a second room of around 50 sq. Ft.

• Kentucky 

Several tiny house enthusiasts move to Louisville because it permits small houses in a metropolitan area, although restrictions and rules apply.

Specific regulations must be followed for prefabricated and on-site construction of tiny houses. Tiny homes on wheels should adhere to Louisville’s zoning requirements. 

• Louisiana

Louisiana still adheres to the 2012 IRC; hence, these residential codes do not make this state ideal for tiny home lovers.

• Maine 

It is another progressive state that allows statewide building guidelines for miniature houses. 

Whether you construct your tiny permanent house on-site or off-site, you must follow zoning rules and regulations for permits and building inspection. Moreover, the tiny house should not exceed 400 sq. Ft.

• Maryland 

This state does acknowledge tiny houses and classifies them as RVs. A few areas may allow tiny dwellings; however, the zoning laws in suburban and urban areas are pretty strict. 

• Massachusetts 

The regulations for a tiny home on wheels are vague, whereas this state permits ADUs. The building requirements vary among towns. 

Moreover, Nantucket allows three tiny homes on similar residential properties. 

• Michigan 

This state is adapting building regulations to make it tiny home-friendly. Briley Township allows small homes, which should be between 240 and 500 sq. ft.

• Minnesota 

This state defines tiny homes as RVs and AUDs. AUDs constructed on the foundation have building codes similar to those of other residential homes.

• Mississippi 

Currently, Mississippi has no laws regarding tiny homes.

• Missouri 

Kansas City, Jefferson City, Springfield, and Columbia permit on-site construction of tiny houses, but there are construction guidelines and zoning restrictions. 

Missouri classifies tiny homes on wheels as RV, and strict regulations about parking mobile homes exist.

• Montana 

Montana allows you to construct your tiny house, but the state will classify it as an RV. Besides that, the state hasn’t acknowledged tiny homes yet. 

• Nebraska 

Nebraska is a tiny house-friendly state that allows the construction of prefabricated homes. However, it is essential to research regional zoning rules before constructing.

• Nevada 

Building tiny houses on property is quite popular throughout Nevada. Ensure that you follow building and regional regulations. 

• New Hampshire

Since finding affordable houses was challenging for New Hampshire residents, the state has passed the law to permit AUDs on all residential properties. 

Moreover, the law also states that other people besides the property owner can inhabit these lots, but the owner should reside on similar land.

• New Jersey

New Jersey has no tiny house regulations and laws, but the legislation is still being formulated. Therefore, this state is not ideal for building a tiny house. 

• New Mexico

This state provides gracious guidelines; therefore, New Mexico makes it easy to reside in tiny homes, whether prefabricated or built on-site. 

The state has specific rules, such as the ceiling height not exceeding 7 feet, the main room measuring around 70 sq. ft, and the width and length greater than 7 feet. 

Furthermore, it is necessary to attach your tiny house to the sewer and water system.

• New York

It is not an ideal place for miniature houses because they are not allowed. 

• North Carolina

A few communities like Winston-Salem and Wilmington permit ADUs on nuclear-family residential properties. However, it is crucial to research building regulations first.

• North Dakota

Burleigh County has specific regulations for tiny home buildings. The house must be 965 sq. Ft. It permits owners to build or place tiny homes on agricultural properties or properties exceeding 40 acres. 

Every residential structure should meet regional building codes. Your tiny home must be built on a foundation, and strict rules apply regarding parking mobile units. 

• Ohio 

Searching for a great place to construct tiny homes is problematic in Ohio.

• Oklahoma 

This state does not address specific tiny house regulations and zoning rules, making it challenging to build small houses.

However, if you wish, many people select home sites in rural areas that do not have strict zoning laws.

• Oregon 

Mobile tiny homes can receive a license and a title through DMV. Moreover, Portland allows a single tiny house on a permanent residence.  

• Pennsylvania 

It welcomes tiny houses, especially those in Elizabethtown and Philadelphia. Philadelphia has no minimum requirement for tiny house sizes, but tiny housebuilders should follow the 2009 IRC.

• Rhode Island

This state does not recognize tiny houses. Recently, a law was passed that permits the construction of ADU on the property to be used only by family members.

• South Carolina

Tiny homes are becoming increasingly popular, especially in Greenville County, and it allows tiny permanent homes not greater than 400 sq. Ft.

• South Dakota

Spearfish and Beresford are very miniature house-friendly. Mobile tiny homes must have a license, and tiny permanent houses should follow building and zoning codes. 

• Tennessee 

Dandridge, Warren County, and Knoxville openly welcome tiny houses; however, before constructing them on your property, you must follow building zoning codes.

• Texas 

Austin, Spur, and Fort Worth are tiny home-friendly. They allow ADUs and tiny mobile homes on the property.

• Utah 

This state is slow to accept tiny homes. Only Washington County and Salt Lake City permit ADUs on residential properties. 

• Vermont 

Vermont has strict regulations and does not allow tiny homes. Burlington is the only region that approves the construction of ADU on properties. 

• Virginia 

Virginia is like Vermont and does not allow tiny homes.

• Washington 

It is not as friendly as its neighboring state, Oregon. Several regions, such as King County, Seattle, and Woodland, allow ADU construction but do not permit tiny mobile homes. 

• West Virginia 

This state does not widely approve tiny houses. 

• Wisconsin 

Only Dane County permits ADU on a residential property. Moreover, tiny mobile homes are portable shelters if they are not permanent.

• Wyoming 

Cody and Casper recognize tiny houses, but they are primarily used as rental property. However, ADUs are allowed in specific zones. 

Actions to Consider Before Getting a Tiny House

• Research Tiny House Living:

  • Explore the tiny house movement and its philosophies to ensure it aligns with your lifestyle.
  • Read books, watch documentaries, and follow blogs or social media accounts dedicated to tiny house living.

• Evaluate Your Needs and Goals:

  • List your reasons for wanting a tiny house (e.g., financial freedom, minimalism, mobility).
  • Consider the space you need for daily activities and possessions.

• Budget Planning:

  • Determine your budget for the tiny house, including building materials, labor, and land if necessary.
  • Research financing options such as personal loans, mortgages designed for tiny houses, or saving up cash.

• Decide on DIY vs. Professional Builder:

  • Consider whether you have the skills and time to build the house yourself or if you need to hire a professional.
  • Research and compare builders if you decide to go with a professional.

• Design Your Tiny House:

  • Sketch out a floor plan that accommodates your lifestyle and needs.
  • Take into account weight distribution if the house will be on wheels.
  • Optimize storage space with multi-functional furniture and innovative storage solutions.

• Choose a Location:

  • Research local zoning laws and building codes that apply to tiny houses.
  • Consider whether you want a permanent location or the ability to travel with your home.

• Acquire a Building Site or Trailer:

  • Purchase land, lease a lot, or find a trailer that can support the weight and size of your tiny house.
  • Ensure the site or trailer is accessible for construction and living.

• Gather Materials and Tools:

  • Source building materials, keeping sustainability and quality in mind.
  • Rent, borrow, or purchase the necessary tools to build the tiny house yourself.

• Begin Construction or Customization:

  • Follow your building plan or work with your chosen builder to start construction.
  • Document the process for legal and personal purposes.

• Focus on Utilities and Systems:

  • Plan for electricity, water, heating, and waste systems.
  • Consider off-grid options like solar panels, composting toilets, and rainwater collection systems.

• Decorate and Personalize:

  • Choose decorations and additions that maximize space and reflect your style.
  • Think vertically for storage and choose foldable or multi-use items.

• Address Legalities and Insurance:

  • Obtain any necessary permits and inspections required by local laws.
  • Shop for insurance policies that cover tiny houses, considering options for both stationary and mobile homes.

• Plan for the Transition:

  • Downsize your possessions to fit comfortably into your new space.
  • Prepare yourself mentally and physically for the shift to a smaller living area.

• Connect with the Tiny House Community:

  • Engage with other tiny house enthusiasts for support and advice.
  • Participate in forums, attend meetups or conferences, and possibly offer tours of your home.

• Ongoing Maintenance and Living Adjustments:

  • Create a schedule for regular maintenance to keep your tiny house in top condition.
  • Continuously adapt your living habits to improve functionality and comfort within a small space.

Wrapping Up

The ability to place a tiny house on your property heavily depends on zoning laws, which vary significantly from one municipality to another and dictate the specific areas where such structures are permitted.

Furthermore, adherence to building codes is non-negotiable, as these codes ensure that all dwellings, regardless of size, provide a safe living environment.

One must also consider size restrictions, as some jurisdictions have established minimum square footage requirements for residences.

Before proceeding with the placement of a tiny house, homeowners must navigate the permitting process, which includes obtaining the necessary approvals and ensuring compliance with all relevant regulations.

This aspect is crucial to avoid legal complications and potential fines. Additionally, those living within governed communities must be aware of HOA and covenant restrictions that might limit or outright ban tiny houses in their area.

Lastly, practical considerations such as utility connections cannot be overlooked. Tiny houses require access to water, sewer, and electricity to be habitable and functional.

In essence, while the prospect of adding a tiny house to one’s property is appealing for various reasons, it is imperative to undertake thorough research and comply with all applicable laws and regulations to ensure a lawful and successful project.

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