Bismarck Zoning Regulations & Building Permits
Key Zoning Facts
Bismarck Zoning Overview
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 Zones: Applicable
- View FEMA Flood Map
County — Burleigh County
- Role: Property records, tax assessment, unincorporated area planning
City / Municipal
The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- HOA / CC&Rs common: Yes
- Check HOA CC&Rs and deed restrictions for additional requirements.
Primary Zoning Districts
- Min Lot
- 5,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 25 ft
- Side Setback
- 5 ft
- Rear Setback
- 20 ft
- Min Lot
- 10,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 25 ft
- Side Setback
- 8 ft
- Rear Setback
- 25 ft
- Min Lot
- 25,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 30 ft
- Side Setback
- 10 ft
- Rear Setback
- 30 ft
- Min Lot
- Varies
- Max Height
- 45 ft
- Front Setback
- 25 ft
- Side Setback
- 10 ft
- Rear Setback
- 25 ft
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
- Min Lot
- Varies
- Max Height
- Varies
- Front Setback
- Varies
- Side Setback
- Varies
- Rear Setback
- Varies
ADU Rules in Bismarck
Permit Costs & Timelines
Permit Costs & Timelines
Specific permit fee schedules for Bismarck are available from the local planning department. Fees vary based on project type, scope, and valuation.
Check Bismarck permit fees →