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Washington County, MN Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Height limit
35 feet for structures in Shoreland Overlay District
Governing section
Development Code Chapter Six, Section 8.3
Enforcing office
Washington County Zoning Administrator
Compliance check
Certificate of Compliance required under Section 15.1
Variance body
Board of Adjustment and Appeals
Effective date
June 5, 2018

Summary

Washington County limits structures in its Shoreland Management Overlay District, the land bordering the county's public lakes, rivers and streams, to 35 feet under Development Code Chapter Six, Section 8.3. The Zoning Administrator checks every building or grading permit against the cap and issues a Certificate of Compliance only when the finished structure conforms.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Height.

Structures shall not exceed thirty-five (35) feet in height.

Full Breakdown

' The chapter's own definitions section spells out how that height is measured: Section 3(13) defines 'Height of Building' as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof, with the datum set from the highest adjoining sidewalk or ground surface within five feet of the exterior wall, or ten feet above the lowest grade on steeper lots.

The 35-foot cap applies on top of the chapter's other structure standards for shoreland lots, including setbacks from the ordinary high water level that run from 50 to 200 feet depending on whether the waterbody is classified Natural Environment, Recreational Development or General Development, plus a 30-foot bluffline setback that applies regardless of classification. 1 requires the Zoning Administrator to verify that Chapter Six's requirements, including the height limit, have been met and to issue a Certificate of Compliance; the code states plainly that any use, arrangement, or construction not consistent with a required permit is deemed a violation of the chapter. 2(3) weighs whether the lot is used seasonally or year-round and whether the septic system needs upgrading before granting relief.

Violations & Fines

Constructing above 35 feet in the Shoreland Management Overlay District without an approved variance blocks issuance of the Certificate of Compliance Section 15.1 requires before a building or grading permit closes. The Development Code treats any construction inconsistent with a required permit as a Chapter Six violation. Owners seeking relief must apply to the Board of Adjustment and Appeals, which weighs seasonal versus year-round use and septic capacity under Section 8.2(3) before granting a height variance.

Frequently Asked Questions

How tall can a house be near a lake in Washington County, MN?
Within the county's Shoreland Management Overlay District, which covers land near public lakes, rivers and streams, Development Code Section 8.3 caps structures at 35 feet. Height is measured from the highest adjoining ground within 5 feet of the wall (or 10 feet up on steep lots) to the roof's coping, deck line, or average gable height, per the Chapter Six definitions.
Who enforces the 35-foot shoreland height limit?
The Washington County Zoning Administrator enforces it. Before any building or grading permit closes out, Section 15.1 requires the Administrator to confirm the structure meets Chapter Six, including the height cap, and to issue a Certificate of Compliance; unpermitted or noncompliant construction is deemed a chapter violation.
Can I build taller than 35 feet with a variance?
Yes, but only through the Board of Adjustment and Appeals. Section 8.2(3) directs the board to weigh whether the property is used seasonally or year-round and whether the existing sewage treatment system needs upgrading before approving any variance to the chapter's structure standards, including height.

Sources & Official References

Other rules in Washington County

All Washington County rules

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