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Zoning Guide

Bismarck Zoning Regulations & Building Permits

Data-only stub — facts unverified locally. Confirm with the planning department before relying on details.
Last updated: Verified:

What we have on file vs. what to verify locally

We don't have editor-verified zoning prose for Bismarckyet. Here's the structured data we do have, and the highest-leverage steps to confirm specifics for your parcel.

What we have on file

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

Verify these locally

  • 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

Planning Department
Bismarck Community Development(701) 355-1840
Building Code Edition
ND State Building Code (IBC/IRC based)
ADUs Allowed
Yes

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:

  1. Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
  2. Site Plan Review — For commercial and multi-family projects, submit a site plan for review
  3. Building Permit Application — Apply for a building permit with construction documents
  4. Inspections — Schedule required inspections during construction
  5. 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

State — North Dakota

  • Building Code: ND State Building Code
View North Dakota zoning overview

County — Burleigh County

    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.

    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

    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 →

    Official Sources

    City-specific

    Bismarck Community Developmentbismarcknd.govOfficial sourceBismarck Municipal Codelibrary.municode.comOfficial source