The county-zoned portion of unincorporated Burleigh County, North Dakota requires a building permit before most residential, commercial or industrial structures are built, altered or moved1. A farm building on at least 10 acres may qualify for a permit exemption when it is used for usual farming purposes2. Zoning authority varies by location, and septic approval involves both local permitting and state installer licensing34.
At a glance
- Building permit
- Required for most construction in county-zoned unincorporated areas1
- Zoning
- County rules apply in unorganized townships and townships that relinquished zoning authority3
- Minimum lot to build (Ag District)
- 40 acres for an unplatted lot, or 35 acres for a qualifying aliquot part5
- Septic
- Local permit and inspection required; ND DEQ licenses installers46
- Inspections
- Foundation, framing, insulation, final and applicable septic inspections are required7
- Occupancy
- A new building cannot be occupied until its Certificate of Occupancy is issued8
- Farm building exemption
- Conditional for usual-purpose farm structures on at least 10 acres2
- RV / tiny home living
- No general private-land occupancy rule was confirmed; ask the zoning authority for the parcel3
Who to call
Building permits
Burleigh County Building/Planning/Zoning Department
Building, zoning, floodplain and septic/drainfield permits for unincorporated Burleigh County
221 N 5th St, Bismarck, ND 58501
Building permits
Burleigh County Building/Planning/Zoning Department - Online Permits and Inspections
Online permit applications and inspection scheduling
Roads & driveways
Burleigh County Highway Department
Road approach (driveway) permits, right-of-way and utility permits on county roads
8100 43rd Ave NE, Bismarck, ND 58503
Zoning
Burleigh County Zoning Ordinance (Building/Planning/Zoning Department)
Codifies zoning district rules, lot sizes, setbacks, building-permit and drainfield-permit requirements for unincorporated Burleigh County
Contact details are copied from each office’s official page and were checked against it on September 29, 2026.
Do you need a building permit in Burleigh County, North Dakota?
The county-zoned portion of unincorporated Burleigh County requires a permit before a residential, commercial or industrial structure is built, altered or moved1. Routine maintenance or repair that does not alter structural strength, the plan or mechanical installations does not require that permit1. Burleigh County has adopted the North Dakota State Building Code by reference, subject to county deletions, modifications and amendments9. A building used for usual farming purposes on a farm of at least 10 acres may qualify for the agricultural permit exemption, but the exemption does not apply to non-farmers2. Outside a platted subdivision, the ordinance also ties new-building eligibility to a lot of at least 40 acres, or 35 acres for a qualifying aliquot part5. Permit and plan-review charges are set by the enforcing jurisdiction rather than one statewide schedule10.
Who is the Burleigh County building department and how do you reach them?
The Burleigh County Building/Planning/Zoning Department administers county building permits and publishes separate applications for residential building, septic, plumbing, manufactured-home, commercial-building and floodplain work11. Reach the department at 221 N 5th St in Bismarck, ND 58501, by phone at (701) 221-3727, or by email at [email protected]12. Applicants can use the Permit and Inspection Portal to apply, search permit data, upload documents, schedule inspections and review inspection reports11. Paper applications may also be delivered in person or sent by mail, fax or email11. An online permit is normally reviewed and issued within 24 to 48 hours, but online payment is not accepted13. The county office is the right starting point only where Burleigh County has jurisdiction; incorporated cities and townships retaining zoning authority may administer their own rules3.
Does Burleigh County have zoning?
Burleigh County zoning applies in unorganized townships and in townships that have relinquished zoning authority to the county; incorporated cities and townships retaining authority may use separate ordinances3. Within county jurisdiction, dimensional rules vary by district and use: setbacks, lot coverage and building height cannot be inferred from a countywide rule141516. For example, the cited Country Homes provision requires a front yard of at least 40 feet on interior subdivision streets14. An accessory dwelling unit is available by special-use permit in the Rural Residential and Agricultural districts, with one unit per parcel, one bedroom, owner occupancy for more than six months each year, and a usual size range of 300 to 900 square feet17. Lots greater than five acres may allow an accessory dwelling as large as 1,500 square feet17. Subdivision of land is also county-regulated outside cities and their extraterritorial jurisdictions18.
How do septic permits work in Burleigh County?
Septic approval in Burleigh County is shared: North Dakota DEQ licenses installers, a local public health permit is required before work begins, and the county Building/Planning/Zoning Department reviews and inspects systems for projects it administers4. A county drainfield application requires a soils report19. The county inspects the drainfield location, tank size and materials, verifies engineered systems against their design, and allows the system to be covered after inspection6. The ordinance provides an alternative based on 350 square feet of drainfield per bedroom under the North Dakota Plumbing Code and lists a $125 septic tank and drainfield inspection fee5. About 57% of Burleigh County soils are rated without severe limits for a conventional septic drain field, but that countywide figure does not replace the parcel-specific soils report2019. Ask the county department which local public health unit must issue the permit for the parcel before installation begins4.
Can you live in an RV or tiny home on your land in Burleigh County?
We could not confirm a general Burleigh County rule allowing long-term RV occupancy or temporary camping on private land. The county ordinance defines temporary housing to include certain transportable shelters left on the same premises for more than 30 consecutive days, but that definition alone does not establish where residential RV use is allowed5. The North Dakota state-park camping limit applies to state-park campsites and cabins, not private land21. We also could not confirm a special tiny-home occupancy rule or a general minimum floor area for a primary dwelling. A code-compliant small house would still face the building-permit, zoning-district, septic and occupancy requirements that apply to the parcel11448. Ask the parcel's actual zoning authority—not automatically the county—before relying on an RV during construction or buying a tiny home3.
Building a home in Burleigh County: the steps, in order
- Identify whether Burleigh County, a township or a city controls zoning for the parcel, then confirm the district, setbacks, lot coverage and height rules3141516.
- If the land is being divided outside a city or its extraterritorial area, complete the county subdivision process before treating a proposed tract as buildable18.
- Obtain written approval for the driveway approach from the County Engineer before the county building permit can issue22.
- Submit the appropriate application and documents through the county portal or by an accepted paper-delivery method11.
- Arrange the local septic permit and soils documentation before installation, using a state-licensed installer419.
- Request foundation, applicable septic, framing, insulation and final inspections as work advances; that responsibility belongs to the contractor or homeowner7.
- Do not occupy the new building until final approval produces a Certificate of Occupancy8.
What should you check before buying land in Burleigh County, North Dakota?
Confirm the zoning authority and district before assuming a rural parcel follows county rules3. Verify that the tract was legally created, because Burleigh County regulates subdivision outside incorporated cities and their extraterritorial areas18. Confirm a buildable driveway location early: the County Engineer's written approach approval is a condition of a county building permit22. A private well generally needs a state appropriation permit only when annual use exceeds 12.5 acre-feet, while smaller qualifying wells still must be reported23. About 57% of county soils are rated without severe limits for conventional drain fields, but the county process still requires site-specific soils documentation2019. Missouri River parcels can face setbacks of 100 feet from unstabilized banks or 75 feet from qualifying stabilized banks5. Burleigh County's effective property-tax rate is about 0.9%, and the median annual tax bill is about $2,7642425.
Watch-outs
- County zoning does not cover every parcel in Burleigh County; incorporated cities and townships retaining authority may apply different rules3.
- A farm-use building exemption is conditional, not a blanket rural exemption: the farm must contain at least 10 acres, the structure must serve usual farming purposes, and non-farmers still need permits2.
- We could not confirm a general owner-builder exemption, long-term private-land RV rule, off-grid sanitation allowance or minimum size for a primary dwelling; ask the zoning authority and septic authority for the specific parcel before committing to those plans2634.
Sources
- Burleigh County Zoning Ordinance, quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- Planning & Zoning Commission | Burleigh County, quoted and re-checked
- On-Site Wastewater Treatment Systems, quoted and re-checked
- Burleigh County Zoning Ordinance (Building/Planning/Zoning Department) (burleigh.gov)
- Required Inspections, quoted and re-checked
- Required Inspections, quoted and re-checked
- Required Inspections, quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- 2026 North Dakota State Building Code Book (North Dakota statewide rule), quoted and re-checked
- Applications | Burleigh County, quoted and re-checked
- Burleigh County Building/Planning/Zoning Department (burleigh.gov)
- Burleigh County Building/Planning/Zoning Department - Online Permits and Inspections (burleigh.gov)
- Burleigh County Zoning Ordinance, quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- Planning & Zoning Commission | Burleigh County, quoted and re-checked
- Burleigh County Building/Planning/Zoning FAQ (2026 county census)
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- Parks and Recreation FAQ (North Dakota statewide rule), quoted and re-checked
- Burleigh County Zoning Ordinance, quoted and re-checked
- Water Appropriation Permits (North Dakota statewide rule), quoted and re-checked
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
- (2026 county census)
Written September 29, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.