Common RV Park Zoning and Permit Issues to Watch For
Public domain, via Wikimedia Commons
The single biggest legal risk in an RV park purchase is not a lawsuit or a title defect. It is buying a park whose site count, use, or structures do not actually match what the county has on file. That mismatch is called nonconforming use, and whether a park's nonconforming status is properly documented is the first thing a buyer should sort out, before falling in love with the cap rate.
The short version
| Grandfathered / Nonconforming Park | Fully Conforming Park | |
|---|---|---|
| Site count vs. current zoning | Often exceeds what would be approved today, which is good for income but fragile | Matches current code, so income is lower but stable |
| Rebuild rights after fire, flood, or storm | May be restricted or lost entirely, depending on local rules | Full rebuild rights, no special approval needed |
| Ability to expand or add sites | Usually requires a new permit process at current standards | Easier, since the park is already on record correctly |
| Financing | Lenders get nervous, appraisals get harder | Straightforward underwriting |
| Purchase price | Often discounted for the risk | Priced closer to full value |
Where a nonconforming park wins
Older RV parks were often built before modern setback, density, and lot-size rules existed. That means a park permitted in the 1970s might legally have 90 sites on land that today's code would only allow 55. If that grandfathered status is real and documented, you are buying income that a new operator could never permit from scratch. That scarcity is part of why some of these parks trade at attractive prices relative to replacement cost.
These parks can also come with a built-in moat. If the county would never approve a new park at that density in that location again, your existing site count is a competitive advantage that no new supply can easily replicate nearby.
The catch is that the discount exists for a reason. Nonconforming status is a privilege, not a permanent right, and it can be narrower than a seller's broker suggests.
Where a fully conforming park wins
A fully conforming park is boring in the best way. If a hurricane, wildfire, or flood destroys 40 percent or more of the structures, most jurisdictions let you rebuild as-is. With a nonconforming park, many local codes cap how much damage you can repair before you lose the grandfathered rights and have to rebuild to current standards, which can mean fewer sites, bigger setbacks, or new stormwater requirements.
Lenders also like conforming use. Appraisers can point to the certificate of occupancy and the approved site plan and move on. With a nonconforming park, the appraiser and the lender's counsel have to dig into local code, and that slows down or kills deals, especially with agency or bank debt rather than a private lender who is comfortable with the risk.
Expansion is the other real difference. If you want to add 20 sites, a conforming park usually has a known path. A nonconforming park may not be allowed to expand at all without triggering a full re-permit of the entire property at current standards, which can shrink your total site count in the process.
What this looks like in practice
Diligence on this issue is mostly paperwork, not guesswork, but it takes real effort. Some things worth checking directly with the county or municipality, not just relying on what the seller says:
- Pull the actual permit file and compare the approved site count to the number of sites physically on the ground. A gap of even five or ten sites is common and matters a lot.
- Check whether the park has a certificate of occupancy, and whether it covers the bathhouse, office, and any park model or cabin units, not just the original RV sites.
- Verify septic or well permits match the current number of sites and hookups. Many older parks added sites over the years without updating the wastewater permit, which is a serious and sometimes expensive fix.
- Confirm the property is out of, or properly permitted within, a flood zone. FEMA maps get updated, and a park that was compliant a decade ago may not be today.
- Look for unpermitted structures: added decks, storage sheds, owner-built additions to the office or bathhouse, or park model units that were never inspected.
- Ask specifically, in writing, whether the use is legally nonconforming, and if so, request the code section that governs it and any limits on repair or rebuild after damage.
- Check fire marshal and ADA compliance on shared buildings, since these get flagged during refinancing or a future sale even if nobody has enforced them yet.
None of this is exotic detective work. It is a records request, a site walk with a tape measure, and a conversation with the local planning department. The problem is that many buyers skip it because the seller's broker presents a clean site plan and everyone assumes it is current. It often is not.
If the zoning picture is murky, a local land use attorney and a civil engineer who knows the jurisdiction are worth the fee before closing, not after. A few thousand dollars spent confirming site counts and rebuild rights is cheap compared to discovering, after a storm or a county inspection, that half your income-producing sites are not actually permitted. This is the kind of due diligence work we walk through with investors at Invest With Zac, because it changes the real risk profile of a deal far more than the pro forma does.
FAQ
How do I find out if a park is legally nonconforming?
Start with the county or city planning department and ask for the zoning designation of the parcel and the original permit or site plan approval. If the current use does not match what the zoning code allows today, ask the planner directly whether the park holds nonconforming use status and what documentation exists. Sellers sometimes describe a park as grandfathered without ever having confirmed it in writing with the county.
What happens if a nonconforming park is damaged in a storm or fire?
It depends entirely on local code, but many jurisdictions set a damage threshold, often somewhere in the range of 50 percent of the structure's value, past which the property must be rebuilt to current standards rather than repaired as-is. That can mean losing sites to larger setbacks or updated stormwater rules. Confirm this rule with the local building department before closing, since it directly affects your insurance strategy and your worst-case scenario.
Should I walk away from a deal if the zoning status is unclear?
Not necessarily, but you should price the risk and get real answers before closing, not after. A park with a genuine, documented nonconforming status can still be a good investment at the right price. A park where nobody, including the seller, actually knows the answer is a different situation, and that uncertainty should either lower your offer meaningfully or push out your closing timeline until you get clarity from the county.
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