Tiny Home Hurdles: Toughest States to Build

Regulations around tiny houses are fluid and evolving. As frustrating as it sounds, it is a positive indication that progress is being made - progress for more home inventory which is very much needed in the US. While some variation of a tiny home is possible in each of the 50 states, the laws around them vary significantly depending on the state, local municipality, and the home type, such as wheeled versus permanent/fixed structure. Several states have welcomed tiny homes with open arms and few regulations, while others keep their arms crossed to the idea.

To spare you from headaches, tribulations, time drains, and unnecessary expenses, it's crucial to perform due diligence early on your desired location for its specific definitions and requirements. While zoning and building regulations are high up on the list, don't underestimate the significance of sewage requirements, especially in rural areas that lack public water access. To help expedite your decision-making, let's delve into the states where going tiny presently has the most hurdles, so you can then shift your focus and efforts on more fruitful options elsewhere.

Most restrictive states:

New York

Tiny houses are classified as temporary structures, but New York doesn’t allow temporary buildings, and thus does not allow tiny houses. In some municipalities, such as Buffalo, “carriage houses” are allowed and essentially what Buffalo refers to is an ADU. As for a tiny house on wheels, New York does not allow it to be a primary residence.

Wisconsin

Overall, Wisconsin is slow to support the Tiny Home Revolution and rules are muddied by the various dwelling classifications that can sometimes overlap - think temporary, transitional, portable, permanent, and recreational. Although many municipal zoning codes firmly restrict tiny homes, the ADU variety seems to be the one winning the most acceptance. In Wisconsin, an ADU is defined as under 150 square feet in size, with at least one habitable room and must be built on the same lot as a primary home. As for tiny homes on wheels, the city of Madison allows tiny houses on wheels (THOWs) if under 150 square feet.

North Dakota

ADUs are not yet universally welcome in North Dakota with counties and cities varying in restrictions and codes.Yet as Burleigh County is the most progressive on tiny home regulations, it may be the first area to warm up to ADUs. As for tiny homes on wheels, Nebraska does not have specific regulations and therefore THOWs default to RV regulations.

West Virginia

Amidst the complex web of state building codes, West Virginia technically disallows tiny dwellings on foundations. However, several cities and counties can amend the statewide specifications and have done so to accommodate tiny homes on foundation. A tiny home on wheels can be more complicated to gain approval given the various classifications THOWs could fall into (mobile home, motorhome or travel trailer) and the stringent utility requirements for water and sewage.

Arkansas

Interestingly, Arkansas actually has rules in place to discourage tiny home adoption. While small homes are allowed so long as they are built in a residential area with a permanent foundation, many municipalities have minimum square footage requirements greater than the average tiny house size. For example, Lawrence County and Walnut Ridge have a minimum of 600 square feet while the average tiny home size is 400 square feet. Overall, Arkansas is more challenging as regulations vary so greatly by each municipality, where one may set classification and building codes completely different from its neighboring municipality.

Alaska

In much of Alaska, tiny dwelling regulations are in limbo and yet to be clearly defined. In the more populous city of Anchorage, small homes are allowed if built on fixed foundations following the city’s residential building codes, with a conditional use permit, and connected to water and sewage. Tiny homes on wheels are considered RVs and can only reside on land with corresponding RV zoning allowance. As for signs of progress, the city of Sitka is paving the way for tiny homes with legal classifications and defined ordinances by adopting Appendix Q of International Residential Code which defines standards building codes for foundation and movable tiny homes under 400 square feet.

If your tiny home dreams are within one of these states, fear not, they shall come true! However, if you decide to embark on the above locations for now, be prepared to encounter more hurdles and invest additional time compared to other states. Better yet, let the Tiny Home Geniuses lend you their expertise and guidance along the way. 

You can learn more about building ordinances for your specific state/city here.