Navigating Building Codes in Unincorporated Towns: State, National, and Local Regulations

Dear Steve,

Your question about building codes in an unincorporated town is quite common. To provide a comprehensive understanding, let's delve into the various layers of jurisdiction that determine the applicable building codes.

Understanding Unincorporated Towns

An unincorporated town is essentially a geographic area that does not have its own local government. This means that in such areas, various aspects of governance and regulations, including building codes, may not be as strictly defined as in incorporated towns or cities. However, it is important to note that even within unincorporated areas, there are still significant legal frameworks in place to ensure safety and compliance.

State and National Codes: Advisory but Mandatory

In the United States, the national building and electrical codes serve as a guideline for state and local building regulations. These codes are created by organizations such as the International Code Council (ICC) and, although they are advisory, most states and localities adopt these standards as the basis for their own codes. For instance, the International Building Code (IBC) and the International Residential Code (IRC) are widely used models.

When it comes to the application of these codes, the most stringent code applicable will take precedence. This means that if a given jurisdiction does not have its own specific building code, the next higher level jurisdiction's code will govern. For example, in an unincorporated area within a county, the county building code would likely govern, unless there are specific state regulations that mandate a higher standard.

County Building Codes: A Common Regulator

In the case of an unincorporated town, the county typically takes on the role of regulating building codes. This is because unincorporated areas are often split across multiple jurisdictions, and the county provides a centralized administrative structure to handle such issues. The county building department is responsible for ensuring that buildings and structures meet safety and zoning requirements. Residents and property owners should reach out to the county building and land use department to obtain the most accurate and detailed information.

State Codes: The Ultimate Authority

If a county does not have a building code, the state laws would then govern. State codes are the ultimate authority on these matters, as they cover a wide range of issues from health and safety to environmental rules. However, state codes are generally more general in nature and may not provide detailed specific requirements. In such cases, it is the county or local authorities that implement more detailed regulations.

Environmental Laws and Exceptions

It is also worth noting that there are specific areas where state laws supersede local ordinances. Environmental regulations, for instance, are often governed by state laws to ensure uniform standards across the state. Additionally, there may be federal environmental laws that apply to certain activities in unincorporated areas.

Legal Considerations

In instances where local regulations seem unreasonable or illogical, the best course of action is to either build elsewhere or challenge the regulations through legal means. Seeking advice from a real estate attorney or a local realtor can be invaluable in navigating these complex regulatory environments.

I hope this information helps clarify the regulatory landscape in unincorporated towns. If you have further questions, feel free to reach out.

Best regards,

Heather