I talked to the Planner again and it was confirmed that a garage permit is considered a primary structure triggering a street residential address. So this means without having a "dwelling unit" I would still have a street address. A "dwelling unit," in contrast to a garage, first requires a "sewage permit."
You can remain a resident of your current state if you have relatives or friends who will let you use their address,
Well I would not require that as I would have my OWN address!
A legal address for residency must be a street address.
So today I got a Steel Frame Garage from the "discount" DIY tool chain store. Some places require permits for these garages, some places do not. But in my area ANY structure with walls and a roof then requires a permit - even if it is a tent greater than 150 square feet and up over six months. So that would be a "temporary" structure requiring a "conditional use permit." So instead I will build wattle walls using a "post" (wooden) foundation - and so it will not be a tent anymore.
I will not be constructing this structure until I actually plan to use it continually - if ever. Otherwise the local Meth Zombies would invade the structure, as my neighbor reported. But I wanted this garage street address as a back up plan in case I do need a residential street address other than my current one.
Your primary residence is the address used on your driver's license
Those who use RV campsites as their primary residences
Technically they do not mean the "campsite" is their primary residence but rather the campGROUND - as a business as "primary address." It's very different - but then maybe it's not so very different.
In a statement later given to the Star Tribune, Eichorn said his video "may have missed the mark," but said his aim was to "attempt to convince the Governor to take heed of the dismal economic conditions folks in my district and across Minnesota are facing."
Currently under the Stay at Home order, which is in place till May 18, all private and public campgrounds are closed to recreational camping.
The closures do not apply to those who use the campsite as their primary residence, or seasonal renters who maintain personal property at the site.
So you need a "permit" for a hunting shack or ANY other "residential dwelling" if used for more than 7 months. But you do NOT need a permit for an RV if only used as a "residential dwelling" for seven months of the year. It can be parked there year round but only OCCUPIED for seven months of the year. So the same applies to a TENT which is categorized as a "dwelling site" along with an RV.
A "residential dwelling" can definitely be a tent or campsite: https://gnesen.org/wp-content/uploads/2019/08/Gnesen-Zoning-Ordinance-10-2019-rec-8-8-19.pdf
A recreational vehicle used as a dwelling regardless of length of duration of use is considered an accessory dwelling.
You can't build an ADU till you have a primary dwelling unit. It's in the name "ACCESSORY" dwelling unit - accessory to the main dwelling unit.
If you are residing at one campground and receive your mail there, you can make it your permanent address with the post office. If you are talking about establishing residency, you will also need to get your driver's license changed to that address.
Primary residence means the dwelling unit within which a person lives for six months plus a day during a calendar year.
So here is the EXCEPTION: An RV or Tent can be lived in for OVER six months on a seasonal basis. That's why I bought this particular land - it allows "seasonal camping." Of course it also had a strong supply of fresh water, and the mini-forest.... My point being that "primary residence" does not REQUIRE a "dwelling unit" but only a "dwelling site" as long as a person is dwelling there for more than six months a year. A "camp SITE" is NOT a "dwelling unit" yet it CAN be a "primary residence"!!
As long as it contains the required facilities, you can claim it as your main home on your taxes. Under Reg. §1.280A-1, a dwelling unit includes a house, apartment, condominium, mobile home, boat or similar property that provides basic living accommodations, such as sleeping space, toilet and cooking facilities. However IRS Reg. §1.121-1(b) states that if a taxpayer alternates between two properties, using each as a residence for successive periods of time, the property that the taxpayer uses the majority of the time during the year ordinarily will be considered the taxpayer’s principal residence.
So by "facilities" the IRS means the "international building code" facilities. Yet a Dwelling can also be a campsite or "camp unit" that is also the primary residence - even though it's not a "dwelling unit." So what makes it a "primary residence"? You have your driver's license address there... your bank account goes to there... your bills (car insurance).... If a "campground" can be a primary residence with an RV then so should a private property not be a seasonal recreational use - even if you are gone. Because if you live there for more than six month a year then it's your "primary residence."
https://www.capegazette.com/node/47590
The fate of a proposed RV park and campground in Massey's Landing could hinge on a single word: dwelling.
According to code, campsites must be at least 400 feet from the nearest dwelling [UNIT] and at least 100 feet from the nearest road.
So by comparing being homeless, camping in the big cities, as the same as recreational camping - this state politician is lambasted (camping as a permanent home and as the homeless campsites were allowed to continue - so why shouldn't "recreational" camping be allowed to continue he asked?) Actually the homeless campsites in the big cities WERE CLEARED OUT due to the pandemic....
So the idea here is that recreational camping is short term and therefore different while an RV campsite is at a commercial campground that has "facilities" as per a "dwelling unit."
a privately-owned camping resort. We are not a primary residence facility.
https://cottagelife.com/outdoors/cottage-qa-why-cant-i-camp-on-my-property/
. “But if someone trespasses and gets hurt, you could be named in a lawsuit.”
The lot may be automatically covered under the policy for your primary residence, but check with your insurance provider. Different companies have different guidelines, says Fran Robbers of Canadian Cottage Insurance in Lancaster, Ont. If you then change anything on the property, it may no longer be covered.
RV Insurance For Full-Timers: What You Need To Know
Jun 27, 2018 — Not all insurers who cover RVs, camping trailers, or motorhomes are designed to cover them if they are your primary residence.
So insurance is a HUGE factor in all of this.
"Dependent campsite" means a campsite without an individual sewer connection.
Sec. 7. "Gray water" means wastewater originating from dish washing, hand washing, laundering, showers, or sinks.
Sec. 8. "Independent campsite" means a campsite with individual water and sewer connections.
There are already 43 total rental months booked by seasonal campers, compared to 26 or 27 months last year, Pratt reported. He also reported that opening up the campground had proceeded smoothly, with few problems, the only real issue encountered being some electrical problems with the septic pumping infrastructure.
The campground managers also noted that three popular lake shore sites did not offer electricity and that the campground was loosing potential revenue. The nightly charge for a non-electric site is $34 and an electric site is $40. If the sites offered electricity, and reflecting 200 rental nights each season, $1,200 additional could be generated annually, Pratt reported. He presented a competitive quote of of $3,4oo to install the electricity in conduit, buried one foot deep. “This will pay off in three years,” Pratt said, however his calculations neglect to note the actual cost for electricity, which would need to be subtracted from the total income increase, before it can be determined how much of the proceeds can be earmarked for paying for the infrastructure improvements.
So because Westerners do not understand composting then a campsite with a SEWER connection is called "independent." haha. What they mean is that it has "facilities" so can be used as a "primary residence." A "primitive dwelling" is NOT allowed to be a "primary dwelling" or more specifically a "permanent residence."
a primitive rural hunting cabin is not a dwelling or dwelling unit.
https://www.godownsize.com/can-rvs-and-boats-qualify-as-primary-residences/
If you need a physical address, you can put the campground or marina you’re staying at as the physical address.
So technically, as I had detailed (as per my call to the MCPA) I do not need a permit for a composting toilet as per state law.
All camping units located at camping sites for three or more consecutive weeks shall be served with suitable sanitary facilities in accordance with the Washburn County Private Sewage Systems Ordinance (chapter 56 of Washburn County Code) and Wis. Admin. Code ch. SPS 383.
You can work around this by only using your marina’s facilities or installing a cassette toilet. Just keep in mind that you’ll have to carry the cassette toilet up and down a ladder each time you have to empty it.
I also do not need a permit to do seasonal camping for seven months a year.
If I have a garage then my land is zoned as a residential street address.
So then I use my campsite for cooking and sleeping "facilities" as per the IRS but I guess that is not allowed!
There is absolutely no violation of local, state or IRS federal laws.
Homelessness and Nonrecreational Camping on National Forests and Grasslands in the United States: Law Enforcement Perspectives and Regional Trends
https://academic.oup.com/jof/article/118/2/139/5664700
This should be interesting!
According to HUD, an unsheltered homeless person lives in places not intended for extended or permanent habitation (e.g., vehicles, abandoned buildings, or tents).
Hold on! You can live in an RV which is classed as a "camp unit" ... This is quite ironic since the insurance law says a dwelling is NOT based on "intention" but rather on actual use.
Ownership of a property in and of itself does not mean it is a principal residence. Likewise, putting furniture and other personal effects in the dwelling does not necessarily qualify it as a principal residence. For tax purposes, the taxpayer must both use...
So if a dwelling is vacant - even though "set up" as a dwelling - it is not OCCUPIED and so "not a dwelling."
Class 4b and 4bb property is residentially-used property that is not a homestead, but it is either the primary residence of someone or is a vacant dwelling not used for any purpose.
https://www.revenue.state.mn.us/sites/default/files/2011-11/acp_07_resuse.pdf
So it's very clear that if a site has been used for seasonal camping and is NOW the "principal residence" it can NOT be the "homestead" but must be zoned as "non-homestead residence." So there is a difference between "primary" residence as the homestead and "principal residence" as the dwelling unit. It's a bit contradictory. A secondary home could become your new principal residence but it was not your "primary" homestead residence.
Yet if a person is not breaking the law then they are ruled again for living in a place based on the wrong "intentions." Very strange. OK I get it - a "dwelling Unit" has to be "SET UP" based on the "INTENTIONS" to live in it. So even if it is NOT lived in - it still needs a permit. That was not the case in the old times before all the fancy technology of sewers, electricity, etc.
Rural homeless persons may set up camps in parks or undeveloped spaces, or live in vehicles parked in remote sites on public or private lands (Loftus-Farren 2011.)
a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
Isn't that how people lived for thousands of years before FIRST CONTACT? Were they all "homeless?"
Unsheltered homeless individuals are more likely to have been treated for psychiatric conditions or to consume alcohol than those who opt for sheltered housing
Oh so the Native indigenous peoples were all insane because they were not "alcoholics" before FIRST CONTACT! Are those the only two choices?
Southard’s typology of forest dwellers captured similarities in circumstances and variations in intentionality. “Economic refugees” included individuals and families who were temporarily or permanently unemployed or unable to obtain affordable housing; “voluntary nomads” were considered those living in the forest by choice, often moving from site to site; and “separatists” (also called “antisocial individuals”) were those who generally traveled alone seeking seclusion. Southard’s typology was adopted by Borttorff et al. (2012) in an ethnographic study of homeless campers on the Willamette National Forest.
So ECO means Home in Greek and the Forest has the most ecological diversity of any other habitat - the "jungle" - YET if you LIVE in a Forest that means you are without an ECO? haha. What a total joke. If that doesn't expose the total complete hypocrisy of civilization as a total scam - I don't know what else does!!
So here's the deal - there is a difference between PRIMARY and PERMANENT (Homestead) docile or residence.
So you can have a "primary residence" as a campsite - this was acknowledged by the Governor!
You can NOT have a "dwelling UNIT" without the international code "facilities" - and therefore it is NOT a "permanent residence."
See the difference?
Your primary property can be an apartment, a houseboat or another form of property that you live in most of the year.
So there is absolutely NO legal reason I can discover why I can't camp most of the year. That is allowed in my zoning and so it is my primary residence!!
domicile means living in that locality with the intent to make it a fixed and permanent home
in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.https://www.avalara.com/us/en/blog/2017/05/complicated-camping-taxes-wacky-tax-wednesday.html
Minnesota sales tax applies to admissions to all recreational areas, even those owned and operated by the state or local governments. Charges for campsites are exempt if the rental period is 30 days or more, provided there is an enforceable written agreement requiring the lessee or lessor to give notice before terminating the agreement. Fees for electric or water hookups are also taxable.
So this is like a Motel!! Amazing. You basically get squatters rights!
For example, in California, a hotel guest automatically becomes a tenant after staying at a hotel for more than 30 consecutive days. However, in New York and many other states, a hotel guest does not become a tenant after 30 days if it's evident that they have another residence and their stay was not intended to be permanent.
Fascinating! So it would seem to be the case for your OWN campsite if you own the land.
into the 1970s and at that time... had over 6,900 seasonal recreational cabins.
Also, it’s important to note that property owners can convert a seasonal property to a year round home and still not make it their permanent or homestead residence.
No campsite space shall be used as a permanent place of abode.
Again "permanent" is not the same as "primary."
As you have just discovered, a permanent address is the physical street address which is under your name. Again, this could be your home or your office. You can use it for both personal and business needs. However, there are two address standards in the United States of America: permanent and physical.
A physical address is a valid street address which you can use for business and personal. However, it isn’t necessarily where you live (or work). Sometimes, it is referred to as a mailing address.
So what is 4b according to state law?
(b) Class 4b includes:
(1) residential real estate containing less than four units, including property rented as a short-term rental property for more than 14 days in the preceding year, that does not qualify as class 4bb, other than seasonal residential recreational property;
(2) manufactured homes not classified under any other provision;
(3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b) containing two or three units; and
(4) unimproved property that is classified residential as determined under subdivision 33.
For the purposes of this paragraph, "short-term rental property" means nonhomestead residential real estate rented for periods of less than 30 consecutive days.
The market value of class 4b property has a classification rate of 1.25 percent.
OK so what is subdivision 33?
Subd. 33.Classification of unimproved property.
(a) All real property that is not improved with a structure must be classified according to its current use.
(b) Except as provided in subdivision 23, paragraph (c) or (d), real property that is not improved with a structure and for which there is no identifiable current use must be classified according to its highest and best use permitted under the local zoning ordinance. If the ordinance permits more than one use, the land must be classified according to the highest and best use permitted under the ordinance. If no such ordinance exists, the assessor shall consider the most likely potential use of the unimproved land based upon the use made of surrounding land or land in proximity to the unimproved land.
So if I am operating a nonhomestead farm with a camp unit as my primary residence then that should NOT be a "seasonal use."
But the assessors are told - if the person is there for a "seasonal occupancy" then it should be classified as seasonal and NOT residential.
Whereas ...
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So if the address is used for a driver's license and local "bills" (bank and car insurance) then that should establish it as a primary residence - year round - even if you are gone. You do not need a permit for an accessory dwelling if it is an RV or tent used SEASONALLY but if you use the "street address" for your bills and driver's license then that should establish legal primary residence since you are still living there for more than six months a year.
So I farm - no permit needed. I have a Land Use permit for a Garage - so I have allowed residential use.
So is camping in a tent "inherently" a seasonal "recreational" use? NO because the guvmint says it can not define what is "recreational" but rather should simply rely on length of time. But the IRS says OVER SIX MONTHS = primary residence and the Governor states "campsite as primary residence."
So if that street address is used for the primary residence on the driver's license then that should establish residence even if there is no permanent principal residence "dwelling unit" is on the land. There is a "dwelling site" as a "residential dwelling site." It is still nonhomestead residential.
So again a tent becomes a structure if left "set up" OVER SIX MONTHS and therefore a "tent" GARAGE is also a structure - and becomes a primary structure for residential street address.
But if you live in a tent you do not need a permit as long as the tent is moved and taken down before six months. So that just requires camping for free on national forest or state forest for part of the year by taking the tent down on the property.
For example I had my "wilderness lodge" tent up for six months all summer. So then I took it down - so I do not need a permit.
But I still have the mushroom farm. So it's not "seasonal recreation" - it is currently rural vacant. But with a garage as a permanent tent structure then it becomes an UNimproved nonhomestead residential address that can be used as a primary residence. As long as I am camping for more than six months on the land even though I do not camp for six months continuously - then I do not need a permit for the residential dwelling tent.
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