There are four methods to legally divide or alter boundaries of land for transfer or development. Generally, a subdivision plat is required before any building permit may be issued on a site or public improvements are made. Choose which process to follow, based on the following criteria:

A major subdivision is required for a subdivision of land for transfer or development. A plat is created by a professional land surveyor, showing lots and blocks and dedications of rights-of-way or easements for a defined area. Major subdivisions have two phases. A Preliminary Plat (PPLT) illustrates the area to be platted and shows extra features for context. A Final Plat (FPLT) identifies the surveyed boundaries with technical precision and includes all certifications for legal dedication. An approved final plat is recorded with the Burleigh County Recorders office.

References

• State Law: NDCC 40-48/40-50.1
• City Ordinance: Sec 14-09-04, Sec 14-09-11
• Comprehensive Plan: G10(b), G10(c),G10(d), G10(e)

Consider before you begin

• Technical standards for plats are found in Preliminary Plat Checklist (pdf), Final Plat Checklist (pdf), Standard Plat Language Guide (pdf), Naming Conventions, and the subdivision ordinance. The surveyor or engineer should be familiar with local standards as well as accepted professional surveying practice.
• All resulting lots and rights-of-way must conform to dimensional standards in the ordinance. Considering future building footprints, landscaping, parking, etc. is advised to ensure setbacks and other standards will be met.
• Plat requests are often processed in conjunction with requests of zoning map amendments and/or annexations. The timelines generally overlap and all reviews can be submitted to public boards for a single vote.
• Stormwater management plans are required for all plats, unless waived by City Engineering, and the process runs in conjunction with the platting process.
• All parties with property interests in the area being platted will need to sign the plat or a ratification. Public utilities with easements should be contact early in the process to allow time for consent and any necessary adjustments to the plat.
• Plats in the Extraterritorial Area require additional steps. The rights-of-way must be accepted by the Burleigh County Commission, and necessary improvements made and certified prior to recordation of the plat. A rural water agreement may be required between the City of Bismarck and South Central Regional Water.
• If a property to be platted includes an identified collector or arterial roadway within the boundary of the plat, adequate right-of-way for the roadway must dedicated on the plat according to the Major Street Plan (MSP) of the Comprehensive Plan. If an alternative alignment is desired, the developer must submit an application for a MSP amendment
• Park Development Agreements are required for all for urban residential developments. These agreements will include provisions for neighborhood parks in newly developed areas of the community such as transfer of property to the Park District through donation or sale, size and nature of the park, site work, specific park features, and allocation of responsibilities for each party to the agreement.
• Creation of new lots in the City of Bismarck is subject to utility capital charges due by the latter of platting, annexation, or street improvement districts. Costs vary by residential or commercial lots and may be altered upon final water meter installation.
• Plats will need to signed or ratified by all entities with a property interest in the land being platted. Ratifications must be submitted with the final recordable plat, typically from utility companies or a lending institution holding a mortgage. Entities should be contacted early to allow time for a response. A ratification template (pdf) is available.

Process Steps

• Project Scoping Form. Applicant submits a project scoping form, including a project sketch, stormwater scoping sheet, and neighborhood park sketch (if applicable).
• Pre-Application Meeting.  The Planning Division schedules a 30-minute pre-application meeting with multiple city departments, and County staff if in the ETA. Staff and representatives of the applicant discuss unique issues and issue notes to all parties. Notes contain any submittal requirements with an application.

• Submit Preliminary Plat Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. The preliminary plat is submitted at this time. See this year's Meeting Schedule and Application Deadlines.
• Staff Review (Preliminary): City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to. Applicant should revise and resubmit if necessary.
• Development Review Meeting (Preliminary). The request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
• Stormwater Submittal. A post-construction stormwater management permit (PCSMP) is a submittal requirement with a final plat. An application should be submitted to City Engineering no less than thirty (30) days prior to the submittal of an application for a final plat to allow time for staff review.
• Planning and Zoning Commission Meeting Consideration. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission consider the request on their consent agenda. The request is typically not discussed, but it may be pulled from consent agenda for discussion by any board member. The Planning and Zoning Commission may call for a public hearing.

• Submit Final Plat Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. The final plat is submitted at this time. The same application deadline of 33 days before the meeting is required. An application for final plat may be submitted before a call for public hearing, but it may be delayed or withdrawn if the Planning and Zoning Commission does not act on this request. See this year's Meeting Schedule and Application Deadlines.
• Staff Review (Final). A second round of technical staff review is conducted. All review comments are posted using TRAKiT and can be viewed and responded to. Applicant should revise and resubmit if necessary.
• Development Review Meeting (Final). The final plat request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
• Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
• Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission may recommend approval, deny, or continue.

• City Commission Consideration. A staff report is released the week prior on the agenda center, and the City Commission considers the request during their regular agenda. The item is not a public hearing but staff will present and the applicant typically has an opportunity to respond to the City Commission. City Commission may approve, deny, or continue. Conditions may be placed to be met prior to final recordation.
• Burleigh County Commission Acceptance. If in the ETA, the applicant submits the plat to Burleigh County for acceptance of right-of-way. This typically occurs after City Commission approval. 
• Pre-Recording Review. Prior to obtaining final signatures on the recordable plat, applicant is advised to submit copies to the Planner, City Surveyor, and Recorders office for a final technical review.
• Certification of improvements (if ETA). If the subdivision is located in the ETA and is dedicating new right of way or stormwater facilities, the street and stormwater facility must be installed and inspected by the Burleigh County Highway Department prior to recordation. Improvements to urban plats may occur after recordation.
• Submittal of Recordable Plat. Applicant submits the recordable plat printed on heavy paper and signed by property owners/surveyor to the Planning Division, along with all required ratifications and any documentation that conditions (if any) of the Commission approval have been met. All required utility capital charges should be paid at this point. Failure to submit a recordable plat and necessary documents within six months may result in a void of the approval.
• Recording. Staff from Planning and Engineering Departments review the recordable plat and documents and obtain City signatures. City staff verify that requirements and conditions are met and record plat with Burleigh County Recorders Office.
• After Effective. Updated taxes and any platted lots go into effect on February 1st of each year after recordation. Municipal services many be extended in the area through creation of improvement districts. Platted lots may be transferred immediately by deed. City staff create parcels, addresses, GIS mapping, and perform other administrative actions in the following weeks.

Submittal Requirements

Application submittal requirements will be discussed during the pre-application meeting and certain documents may be waived or added depending on circumstances. Meeting notes will identify any adjustments.

Preliminary Plat:

• Unified Development application signed by property owners
• Application fee (See fee schedule (pdf))
• Preliminary Plat (in .pdf format)
• Digital linework of preliminary plat (in dwg. or .dxf format)
• Preliminary plat checklist, completed by applicant
• Completed Stormwater Scoping Sheet approved by Engineering
• Concept Development Plan (if part of a larger area in common ownership)
• Preliminary Municipal Servicing Plan
• Any written justification for waivers requested
• Statement of intent to provide neighborhood parks and open space, or a copy of a waiver from the Director of the Bismarck Parks and Recreation District (urban residential subdivisions only)

Final Plat:

• Unified Development application signed by property owners
• Application fee (See fee schedule (pdf))
• Final Plat (in .pdf format)
• Digital linework of final plat (in dwg. or .dxf format)
• Final plat checklist, completed by applicant
• Either a copy of a current title insurance policy, running to the benefit of the City of Bismarck, or a current attorney's opinion of ownership and including a list of all easement owners prepared within the past 6 months
• Conditional approval letter for the post-construction stormwater management permit (PCSMP)
• Copy of draft agreement for neighborhood park within the subdivision, as prepared by and agreed to by the Bismarck Parks and Recreation District (urban residential subdivisions only)

Apply

Initiate an inquiry, submit a scoping request, or file an application for a major subdivision or any combination of project types.

Get Started

A Minor Subdivision (MPLT) is required for a subdivision of land for transfer or development. A final plat is created by a professional land surveyor, showing lots and blocks and dedication of easements for a defined area. The plat identifies the surveyed boundaries with technical precision and includes all certifications for legal dedication. An approved final plat is recorded with the Burleigh County Recorders office.

References

• State Law: NDCC 40-48/40-50.1
• City Ordinance: Sec 14-09-04, Sec 14-09-11
• Comprehensive Plan: G10(b), G10(c), G10(d), G10(e)

Consider before you begin

• Technical standards for plats are found in Final Plat Checklist (pdf), Standard Plat Language Guide (pdf), Naming Conventions, and the subdivision ordinance. The surveyor or engineer should be familiar with local standards as well as accepted professional surveying practice.
• All resulting lots and rights-of-way must conform to dimensional standards in the ordinance. Considering future building footprints, landscaping, parking, etc. is advised to ensure setbacks and other standards will be met.
• Plat requests are often processed in conjunction with requests of zoning map amendments and/or annexations. The timelines generally overlap and all reviews can be submitted to public boards for a single vote.
• Stormwater management plans are required for all plats, unless waived by City Engineering, and the process runs in conjunction with the platting process.
• All parties with property interests in the area being platted will need to sign the plat or a ratification. Public utilities with easements should be contact early in the process to allow time for consent and any necessary adjustments to the plat.
• Creation of new lots in the City of Bismarck is subject to utility capital charges due by the latter of platting, annexation, or street improvement districts. Costs vary by residential or commercial lots and may be altered upon final water meter installation.
• Plats will need to signed or ratified by all entities with a property interest in the land being platted. Ratifications must be submitted with the final recordable plat, typically from utility companies or a lending institution holding a mortgage. Entities should be contacted early to allow time for a response. A ratification template (pdf) is available.

Process Steps

• Project Scoping Form. Applicant submits a project scoping form, including a project sketch and stormwater scoping sheet.
• Pre-Application Meeting.  The Planning Division schedules a 30-minute pre-application meeting with multiple city departments, and County staff if in the ETA. Staff and representatives of the applicant discuss unique issues and issue notes to all parties. Notes contain any submittal requirements with an application.
• Stormwater Submittal. A post-construction stormwater management permit (PCSMP) is a submittal requirement before a minor plat will be scheduled for a public hearing. An application should be submitted to City Engineering no less than thirty (30) days prior to the submittal of an application for a final plat to allow time for staff review.

• Submit Final Plat Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. The final plat is submitted at this time. The same application deadline of 23 days before the meeting is required. An application for final plat may be submitted before a call for public hearing, but it may be delayed or withdrawn if the Planning and Zoning Commission does not act on this request. See this year's Meeting Schedule and Application Deadlines.
• Staff Review. Technical staff review is conducted. All review comments are posted using TRAKiT and can be viewed and responded to. Applicant should revise and resubmit if necessary.
• Development Review Meeting. The final plat request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
• Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
• Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission may recommend approval, deny, or continue.

• City Commission Consideration. A staff report is released the week prior on the agenda center, and the City Commission considers the request during their regular agenda. The item is not a public hearing but staff will present and the applicant typically has an opportunity to respond to the City Commission. City Commission may approve, deny, or continue. Conditions may be placed to be met prior to final recordation.
• Pre-Recording Review. Prior to obtaining final signatures on the recordable plat, applicant is advised to submit copies to the Planner, City Surveyor, and Recorders office for a final technical review.
• Certification of improvements (if ETA). If the subdivision is located in the ETA and is dedicating new stormwater facilities, the stormwater facility must be installed and inspected by the Burleigh County Highway Department prior to recordation. Improvements to urban plats may occur after recordation.
• Submittal of Recordable Plat. Applicant submits the recordable plat printed on heavy paper and signed by property owners/surveyor to the Planning Division, along with all required ratifications and any documentation that conditions (if any) of the Commission approval have been met. All required utility capital charges should be paid at this point. Failure to submit a recordable plat and necessary documents within six months may result in a void of the approval.
• Recording. Staff from Planning and Engineering Departments review the recordable plat and documents and obtain City signatures. City staff verify that requirements and conditions are met and record plat with Burleigh County Recorders Office.
• After Effective. Updated taxes and any platted lots go into effect on February 1st of each year after recordation. Municipal services many be extended in the area through creation of improvement districts. Platted lots may be transferred immediately by deed. City staff create parcels, addresses, GIS mapping, and perform other administrative actions in the following weeks.

Submittal Requirements

Application submittal requirements will be discussed during the pre-application meeting and certain documents may be waived or added depending on circumstances. Meeting notes will identify any adjustments.

• Unified Development application signed by property owners
• Application fee (See fee schedule (pdf))
• Final Plat (in .pdf format)
• Digital linework of final plat (in dwg. or .dxf format)
• Final plat checklist, completed by applicant
• Either a copy of a current title insurance policy, running to the benefit of the City of Bismarck, or a current attorney's opinion of ownership and including a list of all easement owners prepared within the past 6 months
• Conditional approval letter for the post-construction stormwater management permit (PCSMP)

Apply

Initiate an inquiry, submit a scoping request, or file an application for a minor subdivision or any combination of project types.

Get Started

A Rural Residential Lot Split (RRLS) is required for a division of land into up to three lots in a RR - Rural Residential or RR5 - Rural Residential zoning district. Rural residential lot splits require a public hearing.

References

• City Ordinance: Section 14-09-04(5)
• Comprehensive Plan: G10(c)

Consider before you begin

• A lot split cannot be in more than one zoning district and cannot dedicate or release easements. The lot split process cannot be used more than once for any given lot, and a series of lot splits may be required to submit for a minor plat. 
• All resulting lots and rights-of-way must conform to dimensional standards in the ordinance. Considering future building footprints, landscaping, parking, etc. is advised to ensure setbacks and other standards will be met.
• A certificate of survey will be required if the split cannot be described with at most two directional descriptors (e.g. the north 100 feet of the west 200 feet of Lot 1, Block 1, Prairie Subdivision)

Process Steps

• Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged.

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines.
• Staff Review. Technical staff review is conducted. All review comments are posted using TRAKiT and can be viewed and responded to. Applicant should revise and resubmit if necessary.
• Development Review Meeting. The lot split request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
• Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
• Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission may recommend approval, deny, or continue.
• Final Approval. A final approval letter will be issued by the Planning Division to the applicant and administrative staff in Burleigh County.

Submittal Requirements

• Unified Development application signed by property owners
• Application fee (See fee schedule (pdf))
• Exhibit showing how parcel is to be modified, including dimensions and a scale bar - does not need to be stamped and signed by a Registered Land Surveyor, but may require certificate of survey if approved
• Legal description of lot(s), both existing and proposed, with square footage - does not need to be stamped and signed by a Registered Land Surveyor, but may require certificate of survey if approved

Apply

Initiate an inquiry, submit a scoping request, or file an application for a rural residential lot split or any combination of project types.

Get Started

A Lot Modification (LTMD) is required for lot line adjustments, lot combinations, and lot splits of platted lots outside of rural residential zoning districts. The process is administrative. 

References

• State Law: NDCC 57.02.39
• City Ordinance: Section 14-09-04(6)
• Comprehensive Plan: G10(c)

Consider before you begin

• A lot split cannot be in more than one zoning district and cannot dedicate or release easements. The lot split process cannot be used more than once for any given lot, and a series of lot splits may be required to submit for a minor plat. 
• All resulting lots and rights-of-way must conform to dimensional standards in the ordinance. Considering future building footprints, landscaping, parking, etc. is advised to ensure setbacks and other standards will be met.
• A certificate of survey will be required if the split or adjustment cannot be described with at most two directional descriptors (e.g. the north 100 feet of the west 200 feet of Lot 1, Block 1, Prairie Subdivision)
• Utility Capital Charges may apply if a lot split results in a new developable parcel. Contact Public Works – Utility Operations for more information.

Process Steps

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments.
• Staff Review. Technical staff review is conducted. All review comments are posted using TRAKiT and can be viewed and responded to. Applicant should revise and resubmit if necessary.
• Final Approval. A final approval letter will be issued by the Planning Division to the applicant and administrative staff in the City or Burleigh County.

Submittal Requirements

• Unified Development application signed by property owners
• Application fee (See fee schedule (pdf))
• Draft Certificate of Survey showing how parcel is to be modified, including dimensions and a scale bar - does not need to be stamped and signed by a Registered Land Surveyor until ready for final approval (Not applicable for lot combination).
• Site exhibit showing existing site features and boundaries and proposed boundaries (not required for vacant properties)
• Legal description of lot(s), both existing and proposed, with square footage - does not need to be stamped and signed by a Registered Land Surveyor.

Apply

Initiate an inquiry, submit a scoping request, or file an application for a lot modification or any combination of project types.

Get Started