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Carver County, MN Zoning Overlays & Bonuses: Density Bonus Law (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Code § 152.078
Max density under bonus
4 homes per 40 acres
Bonus paths
Wooded/lakeshore, high amenity, conservation
Approval type
Conditional use permit, County Board
Township opt-in required
Yes, per comprehensive plan chapter

Summary

Carver County lets landowners in the Agriculture District apply for a conditional use permit to subdivide extra homesites beyond the standard one-per-40-acres rule by qualifying for wooded/lakeshore, high amenity, or conservation incentive density options under Section 152.078, capped at four homes per 40-acre parcel.

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

(2) Limitation on density. No more than four homes shall be located on a quarter- quarter section (40 acre parcel) based on the configuration of the parcel on July 1, 1974; homes subdivided from a parcel prior to July 1, 1974 shall not be considered in this calculation... The conservation incentive, pursuant to division (E) of this section, shall allow for flexibility in the four homes per 40 acre parcel determination.

View official code

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

078 of the Carver County Code of Ordinances, "Conditional Uses: Additional Density Options," lets a landowner in the "A" Agriculture District obtain a conditional use permit for extra residential building eligibilities beyond the baseline of one home per 40 acres, but caps the result at no more than four homes on a quarter-quarter section (40-acre parcel) based on its configuration as of July 1, 1974. Three specific bonus paths exist. 5 acres each can be subdivided from land with mature tree canopy of 20-plus years or frontage on a comprehensive-plan-listed lake, and the option can be used only once per parcel of record from 1974.

The high amenity option in division (C) likewise allows up to three additional lots but caps overall density at four single-family units per 40 acres of amenity land. The conservation incentive in division (D) grants one or more additional building eligibilities, up to four homes per 40 acres, in exchange for permanently protecting, restoring, or enhancing natural resources such as wetlands, woodlands, prairie, bluffs, or shoreline, generally requiring about ten acres of conservation activity per eligibility, evaluated against a Department-developed scoring guide. A fourth path, the "one building eligibility incentive" in division (E), lets a landowner take just one extra eligibility under any of the other three options without triggering a full subdivision.

All four options are available only in townships that specifically authorize them in their township chapter of the comprehensive plan, require frontage on a public or township-accepted road, and cannot be combined with each other to create a hybrid density beyond what the conservation incentive itself allows, per divisions (A)(3) and (A)(4).

Violations & Fines

These density options are permit-based rather than by-right, so building or subdividing under a claimed density bonus without an approved conditional use permit from the County Board is a zoning violation under Chapter 152. Violations of the zoning code fall under the county's general penalty, Section 10.99: a misdemeanor carrying up to 90 days in jail, a fine of up to $1,000, or both, with continuing violations counted as separate offenses each day.

Frequently Asked Questions

How much extra density can Carver County grant under a density bonus?
Section 152.078(A)(2) caps the result at no more than four homes on a quarter-quarter section (40-acre parcel), based on that parcel's configuration as of July 1, 1974, regardless of which bonus option is used to get there.
What options let a landowner get extra homesites in the Agriculture District?
Three main paths under Section 152.078: wooded and lakeshore lots (division B), high amenity areas (division C), and the conservation incentive (division D), plus a smaller one-building-eligibility incentive under division E that avoids a full subdivision.
Is the density bonus available everywhere in unincorporated Carver County?
No. Section 152.078(A)(4) restricts these options to townships that specifically provide for them in their own township chapter of the county comprehensive plan, and any conditional use permit application must include written confirmation from the affected township that it complies with that plan.

Sources & Official References

Other rules in Carver County

All Carver County rules

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