1 - What are the Building Permit requirements for McMinn County?
2 - How do I get a building permit?
3 - Can I build a fence between my property and my neighbor?
4 - Can the County do anything about my neighbor's dogs barking all night, junk in his yard, etc.?
5 - How close to the road can I put my trailer, barn, etc.?
6 - How many houses can I put on my property?
7 - When does the McMinn County Regional Planning Commission meet?
8 - Is there zoning in McMinn County?
9 - When am I required to obtain Planning Commission approval?
10 - When do I have to "go before the Commission"?
11 - When does the Planning Commission meet?
12 - I live in the county, why does the city Planning Commission have to sign my plat?
13 - What are some basic subdivision rules?
14 - What is a "flag lot"?
15 - How many lots can I have on a gravel road?
16 - What is an improved access?
Answers to commonly asked questions concerning mobile homes

1 - What are the Building Permit requirements for McMinn County?
Building permits are not required for structures built within McMinn County. However, structures built within the city limits of Athens, Englewood and Etowah do require building permits. The property owner is still subject to general private liability lawsuits due to harm caused neighbors or others. Note: Poor craftsmanship by a contractor is not within McMinn County’s regulation responsibility since the county has no building permit system. A subsurface sewage disposal system permit is required by the State Health Department if a septic system is being installed.
2 - Can I build a fence between my property and my neighbor?
Yes, but fences need to be erected on your own property. Surveyed property lines are generally accurate. Have the line surveyed if it is questioned. See question 12 for building and structure setbacks.
3 - Can the County do anything about my neighbor draining his pond, swimming pool, etc. to my property, run-off sludge that stinks, dog’s barking all night, junk car’s stacked in his yard, etc.?
No, generally since McMinn County does not have building permit requirements or zoning then these items are private legal matters that may be addressed through private lawsuits. If water contamination or erosion of your property is resulting, Tennessee Department of Environment and Conservation may be contacted for personal assistance in mitigating damages.
4 - How close to the road can I put my trailer, barn, etc.?
Presently the current county road Right-of-Way is 50-feet, meaning 25-feet from centerline of pavement to each side. This is public property and not part of a landowner’s property and is reserved for road, drainage and utilities. From the 25-feet point the County regulations call for a 35-foot setback along the property facing a county road, 10-feet along the side of the property and 15-feet along the rear of a property. These setbacks are part of a landowner’s property but are margins of safety to protect a landowner’s property from having to be moved or destroyed because of future public development such as road widening or utility line installation. Houses or permanent structures should not be erected in these setback areas since they are at risk for future demolition.
5 - How many houses can I put on my property?
Generally, this is controlled by the County Health Officer’s approval of segregation of septic systems. However, if it involves trailers, they are subject to McMinn County's Mobile Home Park Regulations which governs the number of homes.
6 - Is there zoning in McMinn County?
There is no zoning in McMinn County, except for an area around the McMinn County airport and within the city limits of Athens, Etowah and Englewood.
7 - When am I required to obtain Planning Commission approval?
You must have the approval of the Planning Commission for a subdivision of land that contains any lot of less than five acres or when a new road or public utilities (water or sewage) is required to serve new lots, no matter the size of lots. Any lot whose primary access is by easement (right of way) rather than owning the access to County Road, must have Planning Commission approval.
8 - When do I have to "go before the Commission?"
Subdivisions of land into one or two lots not requiring a variance can be handled by the county planner as a minor subdivision. They do not require a hearing by the Planning Commission. A subdivision of land into more than two lots, as well as lots that are served by a shared access must have a hearing before the Planning Commission.
9 - When does the Planning Commission meet?
The Planning Commission normally meets the third Thursday of each month at 5:30pm in the Blue Room of the McMinn County Courthouse. Any changes to the meeting time or place are published in a public notice. Those wishing to be placed on the agenda should call the County Planner before the second Thursday of the month.
10 - I live in the county not in the city, why does the Athens (or Etowah) Regional Planning Commission have to sign my plat?
Growth boundaries for communities are established by the state, and some areas of their regions lie outside the current city limits. Areas of the county lying in these boundaries are regulated by those planning agencies, not the county’s.
11 - What are some basic subdivision rules?
The most basic rule is access to a county road. The required amount of road frontage is 50 feet in all instances with the exception of flag lots of one acre or less. These require only 25 feet of access to a county road.
- The lot depth should not be more than four times the lot width.
- Property line set backs are 35 feet from the front property line, 10 feet from the side property lines and 15 feet from the rear property line.
- Minimum lot size is 20,000 square feet for lots having utility supplied drinking water; 35,000 square feet for those with well water.
12 - What is a "flag lot?"
A flag lot is an interior lot which has access by a strip of land (owned, not within easement) to reach a county road. Flag lots of greater than one acre require 50 feet of road frontage.
13 - How many lots can I have on a gravel road?
Only two lots can share an unimproved access. This access must be a permanent easement at least 50 feet wide.
14 - What is an improved access?
An improved access is one that meets the county’s road standards set by the Commissioner of Highways. Currently they are:
20 feet of pavement with 3 feet gravel shoulders - or-
22 feet of paved road with 6” concrete curbs
The County Highway Commissioner or County Planner should be consulted for further information concerning road requirements.
Note: There is currently no zoning in McMinn County. Any land use not regulated by state or federal law is permitted on any lot in McMinn County at this time.
Note: The County Environmentalist should also be consulted for the state’s requirements as this can have a great time and monetary effect on the process of the subdivision of land. This office can be reached at 744.7157