Frequently Asked Questions

The zoning map is available to the public online here, either as an interactive map or poster-size pdf (the interactive map is recommended for most updated information). Type in any address to zoom on the map. Once you find the district (e.g. R5 – Residential), you can look up the provisions for that district in the zoning ordinance here. You may see a “Conditional” district or “Planned Unit Development” with special rules that also apply. If so, please contact the Planning Division for a copy of this ordinance at 701-355-1840 or planning@bismarcknd.gov. 

Allowable uses within each zoning district are listed at the beginning of the relevant section in Chapter 14-04 District Regulations in the zoning ordinance. Many of the items will refer to a certain “Use Group,” which are further defined in Section 14-03-08. Certain uses may be listed as a “special use,” in which case a hearing with the Planning and Zoning Commission is held and additional requirements may apply. If you are unsure of how your business will be categorized, you may contact the Planning Division at 701-355-1840 or planning@bismarcknd.gov.

Pre-application meetings are required for all subdivisions and are optional for other development types. The meeting is held between consultants and City/County/Parks staff to discuss proposals and identify any potential issues early in the review process. Use the Development Project Scoping form and check the box for requesting a meeting. You will be asked to provide information and attachments to help staff understand your proposal in advance of the meeting.

Pre-application meetings for all items submitted to the Planning and Zoning Commission will be 30 minutes and held on the Wednesday one week before application deadlines. Other pre-application meetings will be scheduled based on availability.

Timelines vary depending on project type and any unusual circumstances that may arise during the process. Of course, approval is subject the discretion of the approving body and not guaranteed with any application submittal. A table of typical times by project type may be found in the Land Development Process page.

The City of Bismarck charges fees to cover the administrative cost of development review and holding public hearings. Fees are determined by project type, and sometimes by the size of the project area. The fee schedule for the current year and next year is available here.

Most commercial or industrial new construction or addition projects require a site plan prior to issuance of a building permit. This includes the building itself or installation or major alteration of the parking lot or private roadways and utilities. Multifamily residential projects also require a site plan, although the process varies for two-unit buildings and buildings with three or more units. Relatively minor additions may be subject to an expedited minor site plan review process. The full criteria for site plan scope may be found in the Site Plan Review information guide. Any questions should be directed to planning@bismarcknd.gov.  

The Extraterritorial Area (ETA) outside of city limits is under the jurisdiction of the City of Bismarck for purposes of zoning, subdivision, and building permits. This is a planning tool allowed in North Dakota for cities to facilitate future urban growth and development. This boundary is negotiated with Burleigh County and the relevant townships and may change periodically. The current boundary may be found here as the outer boundary of the zoning map (red dashed line).

For properties within the ETA, all development applications and inquiries should be initiated with the City of Bismarck. You may contact the Planning Division at 701-355-1840 or planning@bismarcknd.gov. Outside of the ETA, all development applications and inquiries should be initiated with Burleigh County. You may contact Burleigh County Building/Planning/Zoning at (701) 221-3727 or burleighcobuilding@nd.gov.

A Comprehensive Plan is commonly used in many jurisdictions across the United States as the guiding document for future growth and development of the physical, social, and economic environment of a community. The North Dakota Century Code requires that zoning regulations for a municipality follow a Comprehensive Plan. Bismarck’s Together 2045 Comprehensive Plan sets goals and objectives, including a series of maps, to guide the present and future development of the community. This plan provides staff with an understanding of the future policy and regulatory changes needed over the next 25 years to align with community existing and anticipated needs.

There are several components of the Comprehensive Plan that are updated regularly, including:

• Future Land Use Plan. Areas of anticipated new development or redevelopment to guide zoning map amendments.
• Growth Phasing Plan: Areas inside and outside of city limits indicating a sequence of growth based on infrastructure availbility
• Major Street Plan: Corridors for arterial and collector roadways to ensure a future connective street network
• Activity Mobility Plan: Corridors for shared use paths to ensure a connected bicycle and pedestrian network

Update maps of each plan are available on the Comprehensive Plan page.

In many cases, yes. These are referred to in the zoning ordinance as a “home occupation.” There are two types - major and minor - with a different permitting process for each. An information guide on home occupations is available here. Home-based firearm retailers licensed through ATF are considered home occupations, and a zoning verification letter needed for ATF licensure may be requested here. Obviously, businesses are intended to grow, and a good business plan for most home occupations will anticipate moving into a commercial or industrial site in the future when needed. 

All properties should have legal access to a public right-of-way in some form. However, it may not be clear for certain undeveloped properties exactly where that should be. First, you may consult the subdivision plat for a property. This will show the locations of legal rights-of-way, whether proposed or already constructed. Any locations where access is restricted will be denoted by a “non-access line” adjacent to the property line. Driveways may not be placed in this area, unless the non-access line is released through the plat modification process. 

All approaches to public rights-of-way are subject to approval by Bismarck Engineering, in city limits, or Burleigh County Highway Department, outside of city limits, and access is managed by these departments to ensure safe and efficient traffic movements along streets. Some access points may only be allowed through a special configuration, such as a right-in right-out only traffic movements. Many of these questions are resolved during the platting or site plan process and should already be determined by the time of site development.

Access to the property may also be available through an access easement dedicated through an adjoining property. Access easements may be depicted on the subdivision plat or may be recorded through a separate document which may be found at the Burleigh County Recorders’ office in the first floor of the City-County office building at 221 N 5th Street.

Information on the Renaissance Zone Program is available here.

There are two types of floodplain areas that are relevant to local zoning and building regulation. The Special Flood Hazard Area (SFHA), where there is a 1% chance of flooding each year, and within this the Floodway, where waters are intended to freely flow during a flood event, are both found on the effective Flood Insurance Rate Map (FIRM). This map is designated by FEMA and available directly from their map service center. You may search the map by your property address. This map changes every few years, and you may contact the Building Inspections or Planning Division for updates on new pending maps.

Development may be possible within the SFHA areas with a floodplain development permit or a Letter of Map Amendment (LOMR), both of which require certain protective measures. Development within the Floodway is only permitted with certification that it would not result in any rise of flood waters during an event. The City of Bismarck participates in FEMAs Community Rating System (CRS) program to uphold a high standard of flood protection for community residents. You may contact the Building Inspections Division at 701-355-1465 or buildinginspections@bismarcknd.gov for information about floodplain development.

In general, no. The market value of a property is determined by the Bismarck Assessing Division based on the actual improvements and condition of a property and not the zoning classification. More information on valuation is available from the City Assessing Department page. Outside of city limits, property values are set by the Burleigh County Auditor’s office.

In most cases, a property within city limits is serviceable with municipal water, sewer, and stormwater. This is determined during the initial annexation process, although there may be lots with infrastructure installation pending or locations in which certain services are not yet available without significant investment. Outside of city limits, municipal services are not available unless an annexation is pursued and granted. You may contact the Planning Division at 701-355-1840 or planning@bismarcknd.gov with an inquiry about a specific property. A planner will respond in consultation with Engineering or Public Works.

In the meantime, there may be rural utility services available through South Central Regional Water District and private septic systems. Electricity, gas, and phone/internet are provided by MDU, Capital Electric Cooperative, or Lumen and these entities may be contacted for availability of their services.

Addresses in the City of Bismarck or ETA are assigned by the Inspections Department one a new location is created, usually through the subdivision platting process. Assigned addressed may be found on the City’s Address Map or within the “Property Address” field of the Parcel Map. Both may be found in the Map Gallery. In most cases, these will be aligned with external sources like Google Maps, but the city maps will likely be more contemporaneous. It may take a few weeks after a plat is formally recorded to fully assign all addresses. If an address is required during this interim period, you may contact the Building Inspections Division to inquire about its status at 701-355-1465 or buildinginspections@bismarcknd.gov.

Not necessarily. This map or table may have been referencing the tax classification. By state law, most undeveloped properties outside of city limits must be classified as “commercial,” regardless of the zoning. Properties that have a multifamily residential building may also have a tax classification of “commercial,” which differs from zoning. Please reference the zoning map in the Map Gallery to determine the zoning classification, which establishes land use rights.

Minimum parking requirements may be found in Section 14-03-10 of the zoning ordinance. All parking is set as a regulatory minimum, and you may provide more to meet your individual business needs. 

Look for the use category your business may fall into in the table, and there will be a parking ratio based on floor area, occupancy, or some other factor. However, this may be adjusted in several ways. Certain districts (DC, DF, and HM) are exempt from minimum parking requirements entirely. Available on-street parking, bicycle parking, and other options may be used for some of the spaces. Finally, there is an option to perform a parking study for shared parking arrangements or documented unusual circumstances to administratively adjust parking requirements further. Contact the Planning department at 701-355-1840 or planning@bismarcknd.gov for more detailed information on your parking needs.

Most permanent sign types require a sign permit from the Building Inspections department, including installation by a licensed sign installer. Some notable exceptions include: window signs, portable signs (although owners must keep records of placement to be available upon inspection), other temporary signs and displays, inwardly oriented signs, and public art. For a detailed list of sign permitting and exemptions, see Section 14-03.1-03 of the zoning ordinance.

The Community Development Department Administers property and state income tax exemptions for qualified capital investments within the designated Renaissance Zone area. More details about this program are available here. You may also contact the Bismarck-Mandan Chamber-EDC for other programs potentially available.

The Planning Division uses several means to communicate development proposals to the community. You may consult the Open Projects Dashboard or Community Development Activities Map for a comprehensive view of all development projects currently in review. Projects with an upcoming public hearing are highlighted in red, and information on the project is available by clicking on the item or shape in the map. You will find contact information for the project manager, and you may contact this person for more details.

Public hearings are also advertised in advance in the Bismarck Tribune and letters are mailed to nearly property owners. All agendas for board meetings are published online in the agenda center usually about one week prior to the meeting. Detailed staff reports are attached to each agenda item.

A Zoning Verification Letter is a request for information related to the current zoning compliance of a property. Many financial institutions require this letter during an appraisal process. The Planning Manager will address zoning compliance, typically in response to specific questions that are posed in the request. You may use the Zoning Verification online form to request a letter. 

Yes, any housing unit may be rented on a short-term basis, just as they may be on a longer-term basis. The City of Bismarck is monitoring this business sector and may institute regulation if the need arises. Any short-term rental business should be respectful of neighbors.

Inside of Bismarck city limits, all livestock and chickens are not permitted. Outside of city limits, limitations on horses and chickens will vary by zoning district. There are no limitations in the A – Agricultural zoning district. Within the RR – Rural residential zoning district, the following apply:

• Two horses on any property of two acres or greater, with an additional horse allowed for each additional three acres (e.g. three horses allowed on a five acre lot).
• Up to ten chickens are allowed on a property in a fenced area; and no roosters.  All coops and structures must meet setback rules and not located less than 150 feet of any neighboring structure.

Covenants refer to a private contractual agreement applied to a property that runs with the land, often applying to an entire neighborhood or district. The City of Bismarck is not involved in the creation of covenants, or the enforcement of any restrictions contained therein. Planning staff do not take covenants into account when recommending action on development proposals. There may or may not be an active Neighborhood Association (HOA) that administers and enforces these rules, or they may be enforced by the initial developer for new subdivisions. Any covenants will be recorded with the Burleigh County Recorders’ office.

Many proposals, such as zoning map amendments, subdivisions, zoning text amendments, special use permits, and certain others receive a public hearing with Planning and Zoning Commission and/or City Commission. There are several ways to participate:

1. You may attend the hearing at the appointed time. Once that item is reached on the agenda, the chair will open a public hearing, and anyone may come to the podium to express an opinion. You will be asked to provide your name and address before making a comment. Commissioners may or may not ask follow-up questions, and they will consider all comments before deliberation and decision.
2. You may attend the hearing at the appointed time remotely through an online platform. Contact the Planning Division at planning@bismarcknd.gov at least two days prior to the meeting to receive an invitation to the meeting through the Zoom platform. Join the meeting and continue as if attending in person. Communicating in advance which item you intend to speak on will assist staff in facilitating the comment.
3. You may submit a written comment in advance of the hearing. The comment should be sent to planning@bismarcknd.gov or delivered to the Planning Division on the 2nd Floor of the City-County Office Building at 221 N 5th Street by 8am on the day of the meeting. The comment should contain your full name, your address, and the agenda item addressed.

Non-profit agencies which operate facilities in Bismarck or provide services to low- moderate-income individuals who reside in Bismarck, and meet one of the national objectives, are generally eligible to receive CDBG allocations from the City of Bismarck.

Applications are available by contacting the City of Bismarck Planning Division at (701) 355-1840 or planning@bismarcknd.gov. Applications are typically received in January, with allocations awarded later in the spring.

Garage sales are considered "home occupations" in Bismarck. See the Garage Sales information guide for more on requirements.