Bismarck Zoning Regulations & Building Permits
Official references and local checks
Use the official references below to identify the rules that apply to your address, then confirm parcel-specific requirements with the local authority before filing an application.
Official references
- Population:
- 73,622
- County:
- Burleigh County
- State building code:
- No mandatory statewide code; local adoption encouraged(statewide default)
- State ADU law:
- No statewide override; local rules apply
- FEMA flood map:
- Search flood zones
- Planning department:
- Bismarck Community Development
- Municipal code:
- View code online
Before you apply
- Call the Bismarck Community Development: (701) 355-1840
- Search the municipal code for the chapter that covers your zoning district and proposed use.
- Check FEMA flood zone for your parcel — flood-zone status changes setbacks, foundation requirements, and insurance.
- Check your HOA CC&Rs and recorded deed restrictions — they are common in Bismarck and frequently restrict ADUs, fences, and exterior changes beyond what zoning allows.
Key Zoning Facts
Bismarck is the state capital of North Dakota, located in Burleigh County with a population of 73,622 (2020 Census). The city manages land use and development through its zoning ordinance, which is administered by Bismarck Community Development. The zoning code divides the city into residential, commercial, and industrial districts, each with specific dimensional standards governing lot size, building height, setbacks, and density.
Key Residential Zoning Districts
Bismarck's residential zoning districts are organized primarily by minimum lot size:
R5 — Single-Family Residential (5,000 sq ft)
- Minimum Lot Size: 5,000 sq ft
- Front Setback: 25 ft
- Side Setback: 5 ft
- Rear Setback: 20 ft
- Maximum Height: 35 ft
R10 — Single-Family Residential (10,000 sq ft)
- Minimum Lot Size: 10,000 sq ft
- Front Setback: 25 ft
- Side Setback: 8 ft
- Rear Setback: 25 ft
- Maximum Height: 35 ft
R25 — Single-Family Residential (25,000 sq ft)
- Minimum Lot Size: 25,000 sq ft
- Front Setback: 30 ft
- Side Setback: 10 ft
- Rear Setback: 30 ft
- Maximum Height: 35 ft
RM — Multi-Family Residential
- Minimum Lot Size: Varies
- Front Setback: 25 ft
- Side Setback: 10 ft
- Rear Setback: 25 ft
- Maximum Height: 45 ft
Commercial and Industrial Districts
- C1 (Neighborhood Commercial) — Intended for smaller-scale retail and service uses that serve surrounding residential neighborhoods.
- C2 (General Commercial) — Accommodates a wide range of retail, office, and service uses, typically along major corridors.
- I (Industrial) — Designated for manufacturing, warehousing, and related industrial operations.
Specific dimensional standards for commercial and industrial districts vary. Consult the Bismarck Municipal Code for current requirements.
Building Code
Bismarck follows the ND State Building Code, which is based on the International Building Code (IBC) and the International Residential Code (IRC). All construction, renovation, and demolition projects must comply with this code. Contact Bismarck Community Development at (701) 355-1840 for information about any local amendments or additional requirements.
ADU (Accessory Dwelling Unit) Rules
ADU regulations for Bismarck have not been confirmed. North Dakota does not have a state-level law mandating that cities allow accessory dwelling units. Property owners interested in building an ADU should contact Bismarck Community Development to determine whether ADUs are permitted in their zoning district and what standards apply.
Development Process
Development in Bismarck requires obtaining the appropriate permits from Community Development. The process typically involves:
- Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
- Site Plan Review — For commercial and multi-family projects, submit a site plan for review
- Building Permit Application — Apply for a building permit with construction documents
- Inspections — Schedule required inspections during construction
- Certificate of Occupancy — Obtain final approval before occupying the structure
For projects that do not conform to existing zoning, property owners may need to seek a variance, conditional use permit (CUP), or rezoning through the Board of Adjustment or Planning and Zoning Commission.
Key Considerations
Before starting any development project in Bismarck, property owners should:
- Verify the zoning classification of their property through Community Development or the municipal code
- Review setback, height, and lot coverage requirements for the applicable district
- Check for any overlay districts or special regulations
- Determine if the property is in a flood zone using FEMA's flood map service
- Confirm whether HOA covenants or deed restrictions apply
- Contact Community Development at (701) 355-1840 for pre-application guidance
Disclaimer: This guide provides general information about zoning in Bismarck and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with Bismarck Community Development or the municipal code before making development decisions.
Regulatory Layers That Apply in Bismarck
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA flood mapping: check parcel-specific flood-zone status
- View FEMA Flood Map
County — Burleigh County
City / Municipal
The municipality's zoning ordinance, building-code enforcement, and local permits form the primary local layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- Private covenants, deed restrictions, condominium rules, or association rules can impose requirements beyond zoning.
- Check HOA CC&Rs and deed restrictions for additional requirements.
Statewide Context (North Dakota)
Local data for Bismarck is limited. The following state-level facts apply across North Dakota and are inherited by this page until city-specific details are verified.
- State Building Code
- No mandatory statewide code; local adoption encouraged
- State ADU Preemption
- No statewide override
- Coastal Zone
- No
- Wildfire Zones
- No
Permit Costs & Timelines
Check Current Permit Fees & Timelines
Permit fees and review times can vary by project type, scope, valuation, and required approvals. Check the current schedule with the local permitting authority before filing.
Check current Bismarck permit information →Official Sources
City-specific