Outhouses Legality by State [Updated March 2023]

How Does The U.S. Regulate Off-Grid Living?

Outhouses are generally considered off-grid modifications for the release of human waste. Few states make the distinction between the two extremes of legal and illegal; most have adopted an approval or permit system. Generally speaking, if the area is highly metropolitan, has a large population, or is concerned about water usage, their laws will be more strict in regard to outhouse installation.

For off grid-living, there are different types of outhouse toilets. Traditional outhouses, bucket toilets, compostable toilets, and tank/septic systems are all popular options. Compostable toilets should have NSF certification to be used

In What States Are Outhouses Legal?

• Alabama: outhouses are illegal.
• Alaska: Outhouses are allowed but strict rules apply.
• Arizona: Legal with a permit. Certain modifications may apply.
• Arkansas: Legal with NSF approval.
• California: Legal with a permit. Outhouses are illegal throughout most of the state.
• Colorado: Only NSF-approved compost toilets are allowed for less than 7 days.
• Connecticut: Legal with the local department of health. Waste from compost toilets must be buried.
• Delaware: All outhouses are illegal
• Florida: Legal with NSF approval.
• Georgia: Only NSF-approved compost toilets are allowed. Waste from compost toilets must be buried.
• Hawaii: Outhouses are illegal
• Idaho: Pit privies are legal
• Illinois: Only NSF-approved compost toilets are allowed.
• Indiana: Extremely restrictive, only allowed if no sanitary sewer is available.
• Iowa: Permits may be needed for “alternative toilets.”
• Kansas: Pit privies are illegal, but vault-type outhouses are allowed
• Kentucky: Outhouses are illegal, but still found in many parts of the state
• Louisiana: No regulations.
• Maine: Permit is required
• Maryland: Only allowed in dwellings without water under pressure
• Massachusetts: Generally illegal
• Michigan: Each county sets its own law. Certain modifications may apply.
• Minnesota: Legal with few regulations.
• Mississippi: Legal with local or state approval. They must be used only in remote areas of the state and require a permit.
• Missouri: Extremely restrictive, only allowed if no sanitary sewer is available.
• Montana: Legal
• Nebraska: Legal with a permit and inspection.
• Nevada: There are regulations about when waste disposal systems can be used. Permits are also required.
• New Hampshire: Outhouses are legal
• New Jersey: Illegal, but may be allowed under certain circumstances
• New Mexico: Legal with a permit.
• New York: Legal with few regulations. Water from sinks and showers is required to be connected to the public sewage system for treatment.
• North Carolina: Outhouses are legal
• North Dakota: Legal with few regulations and requiring a permit.
• Ohio: Illegal, with few exceptions
• Oklahoma: Permit is required
• Oregon: Legal with a permit and possible inspection. Certain modifications may apply.
• Pennsylvania: Legal with NSF approval. Connection to the municipal sewage system is usually required.
• Rhode Island: Illegal
• South Carolina: Legal, but only when used with a septic system.
• South Dakota: Illegal
• Tennessee: Illegal, but may be used if no running water is available to the dwelling
• Texas: Legal with NSF approval. No permit is required for single-family usage in counties with less than 40,000 people.
• Utah: Legal, but only able to be built and used in certain areas
• Vermont: Legal with few regulations and a permit.
• Virginia: Outhouses are legal
• Washington: Illegal in most areas of the state
• West Virginia: Outhouses are legal
• Wisconsin: Legal, with relaxed regulations.
• Wyoming: Outhouses will require a permit if self-contained