Building permits in Burleigh County, North Dakota
Find the right authority before you build. Burleigh County permitting follows North Dakota law — here is exactly who issues the permit and where to start.
County + cities (mixed)
Burleigh County Building/Planning/Zoning Department (unincorporated areas); City of Bismarck issues within city limits/ETA
Burleigh County issues building permits through its Building/Planning/Zoning Department for unincorporated areas; the City of Bismarck issues permits within city limits and its extraterritorial area (ETA).
Permit cheat-sheet (North Dakota rules)
| Project | Permit? | Authority | Typical fee | Timeline | Go / No-Go | Key notes |
|---|---|---|---|---|---|---|
| 🏠 Accessory Dwelling Unit (ADU) | Permit required | city | — | — | Generally allowed | North Dakota has no statewide by-right ADU law; allowance is set by local zoning. Verify with your city/county building department whether ADUs are permitted in your zone. Exempt: No statewide ADU mandate; an ADU is a dwelling and requires a building permit where codes are enforced. |
| 🪵 Deck / Porch | Conditional | city | — | — | Generally allowed | Footings must extend below ND frost depth (commonly 48–60 in depending on region). Ledger flashing and guardrail details are reviewed. Check with your local building department. Exempt: State code (IRC R105.2) exempts decks ≤200 sq ft, ≤30 in above grade, not attached, not serving the exit door. |
| 🧱 Fence / Wall | Conditional | city | — | — | Generally allowed | Visibility-triangle rules at corner lots apply in every major city. Zoning (height, placement, materials) is separate from the building-permit exemption — verify locally. Exempt: IRC R105.2 exempts fences not over 7 ft; local thresholds vary (Fargo & Bismarck ~8.5 ft, Grand Forks 6 ft). |
| 🛖 Shed / Outbuilding | Conditional | city | — | — | Generally allowed | Adding electrical or plumbing requires separate trade permits (State Electrical/Plumbing Boards). In non-enforcing rural townships a building permit may not be required at all. Exempt: One-story detached accessory structures (sheds) ≤120 sq ft are exempt (IRC R105.2, unamended in ND). |
| 🪜 Basement Finish | Permit required | city | — | — | Generally allowed | Basement finishes trigger egress, smoke-alarm, and trade-permit requirements. Outside enforcing jurisdictions, state electrical/plumbing permits still apply. Exempt: Cosmetic finishing (paint, flooring) is exempt. |
| 🚗 Garage / Carport | Permit required | city | — | — | Generally allowed | Setbacks, lot coverage, and energy-code (2024 IECC) compliance are reviewed; frost-depth footings required. Exempt: New detached structures over the accessory-exemption size require a permit. |
| ☀️ Rooftop Solar PV | Permit required | city | — | — | Generally allowed | Structural review accounts for ND snow loads and frost-depth footings for ground mounts. Electrical work is permitted through the State Electrical Board statewide. Exempt: No size exemption; rooftop PV always permitted. |
| 🌡️ HVAC Replacement | Conditional | city | — | — | Generally allowed | The ND State Building Code adopts the IMC/IFGC; mechanical permits are issued locally where codes are enforced. Equipment must meet current energy-code efficiency. Exempt: In-kind replacement in the exact location may be treated as repair; verify with the local official. |
| 🍳 Kitchen Remodel | Conditional | city | — | — | Generally allowed | 2024 IECC energy requirements are triggered on remodels. Verify scope with your local building department. Exempt: Cabinet/countertop swap in the same layout is exempt. |
| 🛁 Bathroom Remodel | Conditional | city | — | — | Generally allowed | Exterior ventilation is required; plumbing permits go through the State Plumbing Board (or local AHJ where enforcing). Exempt: Fixture-for-fixture swap in place is often exempt. |
| 🏗️ Room Addition | Permit required | city | — | — | Generally allowed | Plan review covers setbacks, lot coverage, energy code, and frost-depth footings. Outside enforcing jurisdictions, state electrical/plumbing permits still apply. Exempt: No exemption — any new conditioned footprint requires a permit. |
| 🪟 Window / Door Replacement | Conditional | city | — | — | Generally allowed | Replacement products should meet energy-code requirements when the code is triggered. Electrical/structural changes need separate permits. Exempt: Same-size, in-kind replacement is generally exempt. |
| 🏘️ Roof Replacement | Conditional | city | — | — | Generally allowed | ND requires ice-and-water barrier at eaves (cold-climate code). Confirm with your local building department whether a permit is required for your re-roof. Exempt: Same-footprint, in-kind re-roof is often exempt/over-the-counter. |
| 🅿️ Driveway / Parking Pad | Conditional | city | — | — | Generally allowed | A separate driveway/right-of-way permit is usually needed to cut the curb or connect to the street (city/county or NDDOT). Exempt: Sidewalks and driveways not over 30 in above grade and not over a basement are exempt (IRC R105.2). |
| 🏊 Swimming Pool / Spa | Conditional | city | — | — | Generally allowed | Barrier/fencing and electrical bonding are reviewed; pool-barrier requirements apply. Exempt: Prefabricated swimming pools less than 24 in deep are exempt (IRC R105.2). |
| 🧱 Retaining Wall | Conditional | city | — | — | Generally allowed | Deep frost and expansive soils make proper footing design critical. Verify the threshold with your building department. Exempt: Retaining walls not over 4 ft (bottom of footing to top) are exempt (IRC R105.2). |
| 💥 Demolition / Teardown | Permit required | city | Demolition permit fee set by the issuing authority; verify locally. | — | Generally allowed | A full teardown or major strip-out requires a demolition (building) permit. Municipalities require utility disconnects (electric, gas, water, sewer) and, for pre-1978 homes, an asbestos/lead-paint clearance before demolition. |
| 🚰 Septic System | Permit required | county | Septic permit fee set by the local environmental/health authority; engineered systems cost more. | — | Generally allowed | New or replacement onsite wastewater (septic) systems require a permit from the North Dakota Department of Environmental Quality; a soil/perc evaluation and engineered design are typically required, with inspections handled by the local public health unit. |
| 🔌 EV Charger | Conditional | city | Electrical permit; fee set by the issuing authority. | — | Generally allowed | A home EV charging station (240V branch circuit + wall-mounted EVSE) requires an electrical permit and must meet the NEC (Article 625). Many jurisdictions fast-track residential EVSE. |
| ⚡ Standby Generator | Conditional | city | Mechanical/electrical permit; fee set by the issuing authority. | — | Generally allowed | A permanently installed standby generator requires mechanical and electrical permits (transfer switch, fuel gas/propane line). Setback, carbon-monoxide ventilation, and noise rules apply. |
Frequently asked questions
Who issues building permits in Burleigh County, North Dakota?
Burleigh County Building/Planning/Zoning Department (unincorporated areas); City of Bismarck issues within city limits/ETA is the permitting authority for Burleigh County. Permitting is split — cities issue for incorporated areas, the county for unincorporated areas. Start at the official portal linked above.
Do I go to the county or my city for a building permit in Burleigh County?
Permitting is split — cities issue for incorporated areas, the county for unincorporated areas.
What home projects need a permit in Burleigh County?
The same project types shown in the cheat-sheet above (ADU, deck, fence, shed, solar, and more) — rules follow North Dakota state law. Whether the county or your city issues it depends on your property's incorporation status.
How do I apply for a permit in Burleigh County?
Use the official permit portal linked above. Most offices accept online submissions; have your plans, site information, and contractor details ready before applying.