Allamakee County Corner

DO I NEED A BUILDING PERMIT?
The short answer to this question is, “You should apply.” If it is determined that you do not need a permit, you will be given a copy of your application with “Exempt” noted on it. All buildings or improvements and any changes in use require that you obtain a permit from the County, unless the use for the land and structures are for agricultural purposes, while so used.
Agricultural uses and structures do need to comply with the “Flood Plain Overlay” requirements and would need a permit if located in a “floodplain”. However, even if a building is located on a farm, if it is not used in the farming operation, it needs to comply with the zoning ordinance and it needs a building permit. Because the answer to the question “Do I need a building permit?” is not a simple yes or no, everybody should plan on applying for a permit for all structures and uses.

HOW DO I GET A PERMIT?
The Building Permit application is available online at www.co.allamakee.ia.us, Planning and Development Page, or in the office of the Zoning Administrator in the Allamakee County Courthouse. The permit application will need to be accompanied by a ‘site plan’, a drawing of the building site or property that shows all existing structures, well, septic, driveways or other access and the measurements from the planned structure to all of these other structures, property lines and utilities. It will also need to show the width of the existing or planned driveway. In some cases, you will also need to apply for a well or septic permit, E911 address, and/or a driveway permit. In most cases, the first step is the building permit application.

HOW LONG DOES IT TAKE TO GET A PERMIT?
In most instances, I can issue a permit on the same day that you apply for the permit.  It may take longer, or an initial site visit may be required, if there is a question regarding location on the property, appropriate access, or other issues regarding the application.  After the permit is issued, in most instances a site visit will be required after the structure location is staked or prepared for foundations. You will be advised of this requirement at the time of permit issuance.

WHAT DOES A PERMIT COST?
The current fee for a building permit is $25.00.

I AM ONLY SETTING A TEMPORARY, PORTABLE STRUCTURE. I DON’T NEED A PERMIT FOR THIS, DO I?
Unless you meet the definition of an active, agricultural use and this building is used in that use, and it is not in a flood plain, you do need a permit. All structures that are placed on or anchored to the ground need a permit and they need to meet the setbacks or yard requirements for the appropriate zoning district. Do not take the word of a contractor or the person selling the building as a “no permit necessary” building. Contact the Zoning Administrator at 563-568-3014.  In almost all instances, you will need a permit.

I HAVE STEEP SLOPES ON MY PROPERTY. IS IT CONSIDERED A BLUFF LAND?
Under the Zoning Ordinance, “Bluffland” includes land with a 45% or greater slope if there is a minimum rise of 50’. A 45% slope is any slope that rises 4-1/2 feet (vertical) in 10 feet (horizontal). Many properties in the county include or have slopes that are greater than 45% and have a rise greater than 50 feet.  However, even if your property includes areas that are “Bluffland”, that does not mean it is not buildable. However, you must build outside of the area considered part of the bluffland, unless that is not possible.
If your property is not buildable because of the Bluffland Overlay Regulations, then the regulations do not apply. It is recommended that you contact the County Zoning Administrator at 563-568-3014 if you have any questions regarding the Bluffland or other zoning regulations.

MY PROPERTY HAS NEVER FLOODED, BUT I AM TOLD IT IS IN THE FLOOD PLAIN. WHY IS THIS AND WHAT CAN I DO ABOUT IT?
Even though Allamakee County does not yet manage the flood plain so that the residents can purchase flood insurance, having property in the designated flood plain (special flood hazard area-SFHA) impacts your property. If it is flooded, and you do not have insurance on your structures, you may not be eligible for disaster relief in any form.  Also, a building permit cannot be issued until you provide evidence that the structure will be elevated above the 100-year flood plain elevation.
If you believe your property or structures should not be in the flood plain, please contact the Zoning Administrator. We can research to determine if the property should or should not be in the flood plain. When the Flood Maps were created, elevation data was used that is not correct in all instances.  The maps were provided in 2008 and public meetings were scheduled. Changes to the maps could have been made at that time, however, that opportunity has passed and the maps have been adopted.
A Letter of Map Amendment is needed to remove the property or structures from the flood plain. A surveyor would need to certify the elevations of the structure or land and an application submitted to FEMA to remove the flood plain designation for your property. It is recommended that you contact the County Zoning Administrator at 563-568-3014 if you have any questions regarding the Flood Plain or other zoning regulations.

MY LOT IS LESS THAN THREE ACRES. CAN I BUILD ON OR SELL THIS LOT?
If you have a lot that is smaller than three acres and this lot was created before June, 2008 and you have owned this lot since or prior to June, 2008, it is likely buildable and saleable. The zoning ordinance allows pre-existing lots, that are not owned with other adjoining lots, be treated as legal, non-conforming lots and they can be built on or sold in the same manner as a three-acre or larger lot.
However, if you own adjoining lots with common frontage, these lots are combined into one lot for the purposes of the zoning ordinance. They can only be divided if all the new parcels are three acres or more. The three-acre lot requirement does not apply in the following situations:
• The lot existed prior to June, 2008 and it was not owned in conjunction with other, adjoining lots of common frontage.
• The lot is in a zoning district that allows a lot less than three acres (Low Density and Medium Density Residential (R-2 or R-3), Commercial and Industrial).

WHAT IF I HAVE OTHER QUESTIONS?
If you have other questions, call Tom Blake, Zoning Administrator at 563-568-3014 or 563-794-0834. You can also visit him at his office in the Allamakee County Courthouse in Waukon.