Agricultural Structure Permit Exemption

Web revised 5.18.26

Note: Under state law, temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits do not require a permit or approval for this exemption.

Definition of Agricultural Structure

For the purposes of this exemption, "Agricultural Structure" means: a structure designed, constructed, and used solely to house farm or forestry implements, hay, grain, poultry, livestock, or other horticultural or wood products. This structure may not be a place of human habitation, but can be used for occasional or seasonal processing, treating, or packaging, of agricultural or forest products. Personal riding arenas not intended for use by the public are considered to meet this definition and therefore are eligible for this exemption.

Requirements

  1. Applicant must certify that the sole use of the structure meets the definition: Ag Building Certification (PDF).
  2. Applicant must certify that if there is a change in use of the structure that the county will be made aware of the type of change prior to the change occurring.
  3. Applicant must certify that upon sale of the property the buyer will be made aware of the structures’ exempt permit status as defined and approved.
  4. Applicant understands that the building permit exemption is not an exemption from setback requirements or environmental regulations.
  5. Applicant must certify that the exempt structure will not be a primary place of business, a place where retail sales are made, or a place where a fee or rent is charged.

Authority

RCW 19.27.060(3) – Local building regulations superseded – Exceptions.

“(3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single-family or multifamily residential buildings.”

Code reference and clarification

Clark County Code 14.06.101.2 amendments to IRC Section R101.0; and Clark County Code 14.05.101.2 amendment to IBC Section 101.2, exempts agricultural buildings from acquiring a building permit as long as they meet the definition of an agricultural building as defined by IBC Section 202.

Plumbing and mechanical permits are still required. All building codes and zoning setback requirements must be met.

Residential accessory structures, shop structures, rural utility structures, garages, and similarly used structures are not exempt.

The Chief Building Official has the authority for building code interpretation. Any case that requires interpretation will be referred to the Chief Building Official.

Uses

  • Agricultural uses shall include, but are not limited to the following:
  • Livestock shelters or building, including shade structures and milking barns
  • Poultry buildings or shelters
  • Barns used for agricultural purposes as defined above
  • Storage of equipment and machinery used exclusively in agriculture
  • Horticultural structures, including detached production greenhouses and crop protection shelters
  • Sheds used for agricultural purposes
  • Grain silos
  • Stables used to house farm animals  
  • Regular maintenance of agricultural commodities such as watering plants, cleaning out manure, feeding animals and basic building maintenance by employees is considered to be agricultural use

Site plan required

A site plan showing property layout labeling all structures and use is required.

See Plot Plan Checklist for items that need to be shown on your site plan.