Carver County, MN Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Base height limit
- 35 feet, all structures
- Exception height cap
- 100 feet (towers, spires, silos)
- Exception setback rule
- Height of structure plus 10 feet
- Over 100 feet
- Requires a conditional use permit
- Over 200 feet
- Must follow Minn. Rules 8800.0100-8800.1200
- Applies to
- Unincorporated Carver County only
Summary
In unincorporated Carver County, the Zoning Code caps structures at 35 feet under § 152.037. Belfries, water towers, smokestacks and similar accessory structures may go up to 100 feet, and anything taller needs a conditional use permit from the County Board.
(A) Height regulations. All structures shall have a maximum height of 35 feet except those structures specifically excepted below and subject to the provisions thereof. (B) Height limitations; exceptions. The maximum height as stated above shall be increased to 100 feet for the following: belfries, church spires and steeples, cooling towers, flagpoles, smokestacks, water towers, farm accessory structures and similar structures. The structure shall be located at least the height of the structure plus 10 feet from any lot line. Structures in excess of 100 feet shall be permitted only upon issuance of a CUP. For a structure of 200 feet or more in height, the procedures of Minn. Rules 8800.0100 through 8800.1200, as they may be amended from time to time, shall be observed.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).
Full Breakdown
037 sets a flat 35-foot maximum height for all structures built in the unincorporated area, the territory the county's Zoning Code governs (incorporated cities inside the county, like Chaska or Waconia, set their own limits and are not covered by this section). The 35-foot cap applies unless a structure falls into the exception list written into subsection (B): belfries, church spires and steeples, cooling towers, flagpoles, smokestacks, water towers, farm accessory structures and similar structures may reach up to 100 feet. Any structure using that exception must also be set back from every lot line by a distance equal to the structure's height plus 10 feet, so a 90-foot silo needs a 100-foot setback on all sides.
1200. 057. 037 before issuance, and a property owner who wants relief from the 35-foot cap outside the listed exceptions must apply for a variance through the Board of Adjustment rather than build first and ask later.
Violations & Fines
Building or maintaining a structure above 35 feet without qualifying for an exception, CUP, or variance is enforced under § 152.999: it is a misdemeanor, with each day the violation continues counted as a separate offense. The Department, County Board, or County Attorney can pursue stop-work orders, after-the-fact permits, notices of violation, corrective-measure orders, or injunctive relief, and the county can recover its enforcement costs in civil court or certify them as a special assessment against the property.
Frequently Asked Questions
How tall can I build in unincorporated Carver County?
Do the setback rules change for a tall exempt structure?
What if I want a structure taller than 100 feet?
What happens if I build over the height limit without approval?
Sources & Official References
Other rules in Carver County
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