Bolthole Index

Burke County, North Dakota

Building permits, zoning and land rules in Burke County, North Dakota

49Index Score / 100
#29 of 53 in North Dakota

In Burke County, North Dakota, most construction and structural alterations within the county zoning jurisdiction require a county zoning building permit; ordinary nonstructural maintenance and buildings associated with normal agricultural activity are excepted.1 County zoning excludes organized cities and their extraterritorial areas, and Dimond, Clayton and Forthun townships have their own zoning authority.2 Septic permits come from First District Health Unit, not the zoning office.3

At a glance

Building permit
Required for most construction or structural alteration in the county zoning jurisdiction1
Zoning
County zoning applies outside organized-city jurisdictions and three self-zoning townships2
Septic
First District Health Unit permits, evaluates and inspects onsite systems34
RV living
General private-land occupancy is unconfirmed; parks and campgrounds require district-specific review5
Tiny home
No distinct occupancy rule confirmed; zoning and building-permit review still apply16
Minimum lot size
Varies by zoning district and whether common sewer is available7
Private well
Water-appropriation permit required only above the annual withdrawal threshold8

Who to call

Planning & zoning

Burke County Planning and Zoning

Burke County zoning permits, zoning requests, subdivisions and approach-permit applications

(701) 377-6242

sablack@nd.gov

PO Box 310 Bowbells, ND 58721

Septic permits

First District Health Unit Environmental Health Division

Onsite sewage system permits, design approval and inspections for Burke County

701-837-5121

801 11th Ave SW, Minot ND 58701

Online permits →

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

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Do you need a building permit in Burke County, North Dakota?

Yes. In the Burke County zoning jurisdiction, a building permit is required before a building or structure is erected, moved, added to or structurally altered.1 Agriculture and the normal incidents of agriculture are exempt from county zoning, and the permit rule separately excepts associated buildings; the exemption does not cover commercial businesses selling goods or services to farmers or ranchers.9 Ordinary maintenance that does not structurally alter a building also does not require the county permit, and a permit expires if no construction takes place within one year.1

Plans must meet the applicable district rules and other ordinances, or the proposal must receive the appropriate conditional-use, variance or other approval.10 When permit-required work is complete, the Planning and Zoning Commission performs an onsite compliance inspection, and a certificate of compliance is required before the structure, building or land is occupied.1112 Burke County's adoption and enforcement of the North Dakota State Building Code could not be confirmed, so ask Planning and Zoning whether a separate code review or trade inspection applies.

Who issues building permits in Burke County, and how do you reach them?

Burke County Planning and Zoning issues county building permits (a zoning permit) and handles county zoning approvals and publishes applications for zoning requests, subdivisions, road-and-bridge work and approaches.13 Call (701) 377-6242 or write to PO Box 310, Bowbells, ND 58721.13

The residential permit fee is $50, and an agricultural dwelling or agricultural building with living quarters is also $50.14 An agricultural building without dwelling or living quarters has no fee.14 Commercial work is $350, industrial work is 3% of every $1,000, and a conditional-use permit, variance or zoning amendment is $250.14 Ask the office to identify the parcel's governing jurisdiction before using county forms or fees because organized cities and certain townships administer their own territory.15 Burke County also regulates subdivision applications, although the specific standards could not be confirmed.16

Does Burke County, North Dakota have zoning?

Yes. Burke County zoning establishes Agricultural, Rural Residential, Commercial, Industrial and Recreational districts.6 The county ordinance applies outside organized-city civil and extraterritorial boundaries, while Dimond, Clayton and Forthun townships have their own zoning authority.2

In the Agricultural district, a non-farm dwelling lot generally needs at least three acres and is limited to one dwelling per 40 acres.7 Rural Residential, Commercial and Recreational lots need at least 5,000 square feet with common sewer or three acres with an onsite owner-used drainage field; the Industrial district has no minimum lot-size standard.7 Agricultural buildings generally must be set back 150 feet from section lines and township or county road centerlines and 250 feet from state or federal highway centerlines; Commercial buildings generally need 100 feet from an abutting road centerline.17 Principal and accessory buildings may cover no more than 50% of a Rural Residential or Recreational lot, while Commercial and Industrial districts have no general coverage limit apart from possible fire-protection requirements.18

How do septic permits work in Burke County?

First District Health Unit, not Burke County Planning and Zoning, issues septic permits and performs inspections for Burke County, though a municipality may impose equivalent or more restrictive requirements, in which case the district requirements do not apply. Work must be done by a North Dakota Department of Environmental Quality-licensed contractor or a certified property owner.319

Obtain the permit before installing or repairing any part of an onsite system; a building that will produce sewage or wastewater also needs one when no community septic system is available.20 Mark utilities, proposed building corners, the sewer stub-out, well sites and property boundaries for the site evaluation.20 Schedule the final inspection before backfilling or covering the system, and submit the As-Built Form after installation; a system without final inspection and approval is unapproved and illegal.4 Only 23.5% of county soils rate as free of severe limitations for a conventional drain field, so make wastewater feasibility an early purchase contingency.21 Off-grid construction does not bypass health rules for wells, septic or sanitation.22

Can you live in an RV or tiny home on land in Burke County?

Burke County's published rules do not confirm a general right to occupy an RV on private land or a distinct tiny-home occupancy rule. Ask the zoning authority for the parcel how it classifies the proposed unit and whether temporary occupancy during construction is allowed.

The confirmed RV rules are narrower: residential RV parks in the Commercial district and commercial campgrounds in the Recreational district are conditional uses, and the Recreational district is intended for short-term or seasonal RV parking.5 Manufactured-home parks are conditional uses in Rural Residential, while manufactured homes are conditional uses in the Recreational district.23 A tiny home involving new construction or structural alteration remains subject to the county permit rule where county zoning applies.1 Any building producing sewage or wastewater without community sewer needs First District Health Unit approval rather than an unpermitted off-grid waste arrangement.22

Building a home in Burke County: what are the steps?

  1. Confirm whether Burke County, an organized city, or Dimond, Clayton or Forthun township governs the parcel.15
  2. Ask the governing office to confirm the zoning district, residential use, lot size, setbacks, lot coverage and any subdivision or conditional-use review.671718
  3. Confirm road access and whether an approach permit is needed before designing the site.24
  4. Apply for the zoning building permit and confirm whether separate building-code or trade permits apply.1
  5. Apply to First District Health Unit before septic work and complete its site-evaluation and design process.20
  6. Ask about utility approval because new utilities are conditional uses under the county ordinance.25
  7. Arrange the septic inspection before covering the system, then notify Planning and Zoning when construction is complete for the compliance inspection and certificate.412

What should you check before buying land in Burke County?

Start with jurisdiction, zoning district, setbacks, legal access and subdivision status rather than the listing description. County zoning excludes organized-city territory and three townships exercise their own authority.226

Treat wastewater feasibility as a deal point because only 23.5% of soils rate without severe conventional drain-field limits.21 A North Dakota water-appropriation permit is required when a private well draws more than 12.5 acre-feet annually; wells below that threshold do not need that permit, though construction and pump work remain subject to state requirements.8 Development in a Special Flood Hazard Area within a participating community requires a local floodplain permit before work, with state review in the regulatory floodway.27 New utilities are conditional uses, so confirm placement and approval before assuming a power or water extension is routine.25 Burke County's effective property-tax rate is about 0.7%, with a median annual bill of $968; verify the parcel's assessment before closing.2829

Watch-outs

  • Do not assume the county ordinance controls every Burke County address: organized cities and the self-zoning townships of Dimond, Clayton and Forthun use other zoning authorities.15
  • A county zoning permit does not confirm that Burke County enforces the North Dakota State Building Code; ask Planning and Zoning which structural and trade reviews apply.130
  • Do not cover a new septic system before First District Health Unit's final inspection.4
  • Private-land RV occupancy and tiny-home occupancy remain unconfirmed; get written answers from the governing zoning office before purchase.5
  • North Dakota's owner-builder provision is a discretionary property-tax exemption, not an exemption from building permits or inspections.31

Sources

  1. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  2. Burke County Zoning Regulations, quoted and re-checked
  3. Resolution Adopting Requirements for Onsite Sewage Treatment Systems, quoted and re-checked
  4. Septic (Onsite Wastewater) Systems, quoted and re-checked
  5. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  6. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  7. Burke County Zoning Regulations, quoted and re-checked
  8. Private Well Owner’s Guide — Well Installation, quoted and re-checked
  9. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  10. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  11. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  12. Burke County Zoning Regulations, quoted and re-checked
  13. Burke County Planning and Zoning (burkecountynd.com)
  14. Planning and Zoning — Burke County, ND, quoted and re-checked
  15. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  16. Planning and Zoning — Burke County, ND, quoted and re-checked
  17. Zoning Regulations of Burke County, North Dakota, quoted and re-checked
  18. Burke County Zoning Regulations, quoted and re-checked
  19. Septic (Onsite Wastewater) Systems, quoted and re-checked
  20. Septic (Onsite Wastewater) Systems, quoted and re-checked
  21. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  22. Burke County Zoning Regulations, quoted and re-checked
  23. Burke County Zoning Regulations, quoted and re-checked
  24. burkecountynd.com, quoted and re-checked
  25. Zoning Regulations, Burke County, North Dakota, quoted and re-checked
  26. Planning and Zoning — Burke County, ND, quoted and re-checked
  27. Floodplain Management — North Dakota Department of Water Resources, quoted and re-checked
  28. Effective property tax rate: Bolthole Index county data
  29. Median property tax bill: Bolthole Index county data
  30. Building Codes (North Dakota statewide rule), quoted and re-checked
  31. Property Tax Exemption for Builders of Certain New Single Family Residential Properties (North Dakota statewide rule), quoted and re-checked

Written October 9, 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.

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Compared with neighboring counties

Like all 6 of its neighbors, Burke County has countywide zoning.

RuleBurke CountyRenville CountyMountrail CountyDivide CountyWilliams CountyWard CountyBottineau County
Building permitRequiredRequiredLimitedRequiredRequiredRequiredLimited
County zoningYesYesYesYesYesYesYes
Septic permitsFirst District Health UnitFirst District Health UnitUpper Missouri District Health UnitUMDHUUpper Missouri District Health UnitFirst District Health UnitFirst District Health Unit

County locator

Burke County in North Dakota

49
County map
Burke County highlighted among the North Dakota counties · colored by Index score

How Burke County scores

Seclusion84100% ev.
Self-Sufficiency1999% ev.
Admin Boringness4390% ev.
Durability48100% ev.
Property Autonomy73100% ev.
Carry Cost8194% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$141kTypical home
0.7%Property tax
$1,445Land / acre
17.7"Annual rain
14.7% of yrsSevere drought
3.1 / yr (+2.8)Mid-century 100°F days
20.5 daysMid-century dry spell
1.17" (+3.3%)Mid-century 1-day rain
1.46×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
15,724People within 2 hr
1,193Radius comparison (15 mi)
1.9People / sq mi
31.9%Federal land
92.2%Land at 15% slope or less
23.5%Soils rated "not limited" for septic (strict USDA rating)
163,304 acWorkable land screen
0.8%Wooded land
17.7 tonsBiomass / forest ac
39°FAvg temp

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Cities and towns in Burke County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Battleview Township · Bowbells · Bowbells Township · Clayton Township · Cleary Township · Columbus · Colville Township · Dale Township · Dimond Township · Fay Township · Flaxton · Foothills Township · Forthun Township · Garness Township · Harmonious Township · Kandiyohi Township · Keller Township · Lakeview Township · Leaf Mountain Township · Lignite · Lucy Township · Minnesota Township · North Star Township · Portal · Portal Township · Powers Lake · Richland Township · Roseland Township · Short Creek Township · Soo Township · Thorson Township · Vale Township · Vanville Township · Ward Township

Answers from the rulebook for Burke County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Burke County rules

  • Building permitRequired

    Buildings and structures in the county zoning jurisdiction, excluding structures associated with normal incidents of agriculture and nonstructural maintenance.

    • No permit is required for maintenance that does not structurally alter the building.
    • A permit expires if no construction takes place within one year.
    • Permit issuance requires conformity with the ordinance or an applicable conditional-use, administrative-review, or variance order.
    “No building or structure, other than those associated with the normal incidents of agriculture, shall be erected, moved, added to, or structurally altered without a building permit.”
  • InspectionsRequired

    Work completed under a Burke County building permit.

    • Inspection is performed after notification of completion.
    • The inspection is tied to work requiring a building permit.
    “Upon notification of completion of any work requiring a building permit, the Planning and Zoning Commission conducts an onsite inspection of the work specified on the building permit.”
  • Certificate of occupancyRequired

    Occupation of a structure, building, or land in the county zoning jurisdiction when the construction or structural alteration required a building permit.

    • The county ordinance calls the document a certificate of compliance.
    • The Planning and Zoning Commission conducts an onsite inspection after notification of completion.
    • If compliant, the Commission issues the certificate.
    • Reasons for refusal must be stated in writing within 15 days after the applicant's request, and notice of refusal must be sent within one week after refusal.
    “A certificate of compliance is required before any structure, building or land can be occupied which has been built or structurally altered such that it requires a building permit.”
    One more reviewed finding on this topic
    • Required — Occupation of a structure, building, or land built or structurally altered so that a building permit was required.
      “A certificate of compliance is required before any structure, building or land can be occupied which has been built or structurally altered such that it requires a building permit.”
  • County-wide zoningPresent (with conditions)

    County zoning regulations in Burke County outside organized cities' civil and extraterritorial zoning boundaries and outside the three townships identified as having their own zoning authority.

    • The ordinance applies to all areas within Burke County except organized cities' civil and extraterritorial zoning boundaries.
    • As of July 1, 2023, Dimond, Clayton, and Forthun townships have their own zoning authority.
    • Agricultural uses and normal incidents of agriculture are exempted, except commercial businesses providing goods or services to farmers or ranchers.
    “These zoning regulations shall apply to all areas within the civil boundaries of Burke County North Dakota; with the exception of those areas within the civil boundaries and extraterritorial zoning boundaries of organized cities in Burke County.”
    2 more reviewed findings on this topic
    • Present (with conditions) — Burke County zoning regulations in unincorporated areas outside organized-city civil and extraterritorial boundaries and outside the listed townships with independent zoning authority.
      “These zoning regulations shall apply to all areas within the civil boundaries of Burke County North Dakota; with the exception of those areas within the civil boundaries and extraterritorial zoning boundaries of organized cities in Burke County.”
    • Present — Burke County zoning regulations in unincorporated areas, excluding organized cities and their extraterritorial zoning boundaries.
      “These zoning regulations shall apply to all areas within the civil boundaries of Burke County North Dakota; with the exception of those areas within the civil boundaries and extraterritorial zoning boundaries of organized cities in Burke County.”
  • Local zoningVaries (with conditions)

    Aggregate local zoning in Burke County: county zoning applies to unincorporated areas, while organized cities may exercise their own zoning authority.

    • This is an aggregate county claim and does not assert that Burke County administers municipal ordinances.
    “Those areas that are within the civil boundaries and extraterritorial boundaries of an organized city will retain the opportunity to exercise their own zoning authority.”
  • Zoning districtsPublished

    Burke County zoning districts in the county zoning jurisdiction.

    • The ordinance lists Agricultural, Rural Residential, Commercial, Industrial, and Recreational districts.
    • District boundaries are established by attached maps maintained by the County Auditor and regularly updated after amendments.
    • Organized cities and their extraterritorial zoning boundaries are excluded from county zoning jurisdiction.
    “In order to effectively carry out the provisions of these regulations, the land covered by the jurisdiction of these regulations shall be divided into the following zoning districts: “AG”- Agricultural District “RR”- Rural Residential District “CO”- Commercial District “IN”- Industrial District “RE”- Recreational District.”
  • Minimum lot sizeDistrict specific (with conditions)

    Lots in Burke County zoning districts.

    • Agricultural District non-farm dwelling lots must be at least three acres.
    • Commercial and recreational district lots must be at least 5,000 square feet with common sewer or at least three acres with an onsite user-owned drainage field.
    • Industrial District has no minimum standard.

    agricultural non-farm dwelling lot size: >= 3 acres (Immediate family of the surface owner is excluded from the lot-size calculation.) · commercial/recreational lot size with common sewer: >= 5000 square feet (Alternatively, at least three acres with onsite user-owned drainage field.)

    “A. Lot Size – Not less than 5,000 square feet if served by a sewer collection system common to other adjoining users, not less than three (3) acres if the sewer is drained into an onsite user owned drainage field.”
    2 more reviewed findings on this topic
    • District specific (with conditions) — Agricultural, Rural Residential, Commercial, and Recreational zoning districts under the Burke County ordinance.
      “Lot Size – Not less than 5,000 square feet if served by a sewer collection system common to other adjoining users, not less than three (3) acres if the sewer is drained into an onsite user owned drainage field.”
    • District specific (with conditions) — Non-farm residential development in the Agricultural district and development in the Commercial district.
      “A. Lot Size – Not less than three (3) acres. B. Lot Density – Not more than one non-farm dwelling per 40 acres.”
  • SetbacksDistrict specific (with conditions)

    Structures and certain development in Burke County zoning districts.

    • Agricultural-district buildings and structures must be 150 feet from section lines and township or county road centerlines, or 250 feet from state or federal highway centerlines.
    • Commercial-district buildings must be 100 feet from the centerline of an abutting federal, state, county, or township road.
    • Other district and use-specific setbacks may apply.

    Agricultural district setback from section lines and township/county roads: >= 150 feet · Agricultural district setback from state/federal highways: >= 250 feet · Commercial district setback from roads: >= 100 feet

    “Building and Structure Setbacks – One hundred fifty (150) feet from all section lines and the centerlines of all township and county roads; or two hundred fifty (250) feet from the centerline of all state and federal highways.”
  • Lot coverageDistrict specific (with conditions)

    Building coverage in Burke County zoning districts.

    • Recreational District: principal and accessory buildings may cover no more than 50 percent of the lot.
    • Commercial and industrial districts have no requirements other than fire-protection requirements.

    recreational district maximum lot coverage: <= 50 percent (Principal building and all accessory buildings)

    “Lot coverage by buildings: Not more that fifty percent of the lot shall be covered by the principal building and all accessory buildings.”
    2 more reviewed findings on this topic
    • District specific (with conditions) — Lot coverage by buildings in the Rural Residential and Recreational zoning districts.
      “Lot coverage by buildings: Not more than fifty (50) percent of the lot shall be covered by the principal building and all accessory buildings.”
    • District specific (with conditions) — Building lot coverage in Burke County commercial and industrial districts.
      “C. Lot Coverage by Buildings – No requirements other than those that may exist with regard to fire protection.”
  • Living in an RVLimited

    Residential RV parks in the county commercial zoning district.

    • A conditional use permit is required.
    • The application must include applicable health approvals when requested, a refuse-disposal plan, expected and maximum occupancy, building numbering, and a fire and emergency evacuation plan.
    • RV spaces must maintain fourteen feet of unobstructed space between recreational vehicles.

    minimum unobstructed RV spacing: >= 14 feet

    “Residential RV spaces must allow and maintain fourteen (14) feet of unobstructed space between each recreational vehicle.”
  • Manufactured homesLimited

    Manufactured homes and manufactured-home parks in Burke County zoning districts.

    • Manufactured home parks are conditional uses in the Rural Residential district.
    • Manufactured homes are conditional uses in the Recreational district.
    • A conditional use permit is required before a conditional use may proceed.
    • The ordinance defines a manufactured home as a transportable structure generally at least eight body feet wide, 40 body feet long, or 320 square feet when erected, built on a permanent chassis and designed as a dwelling when connected to required utilities.
    “The following uses shall be considered conditional uses and shall be permitted only after a conditional use permit has been obtained in accordance with these zoning regulations. A. Manufactured home parks.”
  • Who permits septicMixed (with conditions)

    Onsite wastewater systems in Burke County.

    • FDHU issues the local public-health permit and performs the site evaluation and final inspection.
    • NDDEQ licenses onsite wastewater treatment system installers.
    • A certified property owner may install or repair the owner's own system subject to the FDHU permit and certification requirements.
    “The North Dakota Department of Environmental Quality oversees the licensing of onsite wastewater treatment system installers under the authority of NDCC 23.1-07.1. All installers must obtain a license from the department, which is issued at no cost, and secure a permit from their local public health unit before beginning work on a system.”
    2 more reviewed findings on this topic
  • Septic permitRequired

    Installation or repair of any part of an onsite sewage treatment system in Burke County, and buildings producing sewage or wastewater where no existing community septic system is available.

    • A permit must be received before any work.
    • The site must be flagged for utilities and proposed building corners, stub-out, well sites, and property lines or corners before application.
    • FDHU conducts a site evaluation, takes soil samples, and determines or approves the design.
    • A municipality with equivalent or more restrictive regulation may control instead.
    “First District Health Unit (FDHU) requires a permit for the installation and/or repair of any part of an onsite sewage treatment system in Bottineau, Burke, McHenry, McLean, Renville, Sheridan, or Ward Counties. A permit must be received prior to any work done on the system.”
  • Septic inspectionRequired

    New onsite sewage systems in Burke County.

    • Final inspection must be scheduled before backfilling or covering.
    • The property owner or contractor must contact First District.
    • Without final inspection and approval, the system is unapproved and illegal.
    • The installer must submit an As-Built Form after installation.
    “A final inspection must be scheduled prior to backfilling or covering the new system. Either the property owner or contractor must contact First District to schedule the inspection. Without final inspection and approval, the septic system will be considered unapproved and illegal.”
    One more reviewed finding on this topic
  • Off-grid sanitationLimited

    Residential, commercial, and industrial structures using wells, septic, or sanitary systems in Burke County.

    • All such structures must conform to North Dakota health regulations concerning wells, irrigation, septic, and sanitary systems.
    • Where no community septic system is available, FDHU requires a septic permit for a building producing sewage or wastewater.
    “A septic permit must be obtained from First District Health Unit when constructing a building that will produce sewage or wastewater, and no existing community septic system is available.”
  • Mandatory utility hookupConditional

    New utility facilities and utility placement in the county zoning jurisdiction.

    • New utilities are conditional uses.
    • Underground utilities must be at least three feet deep.
    • Above-ground utilities must not unduly burden farming operations.
    • Placement must conform with section lines and highway and railroad rights-of-way.
    • The activity must not cause undue damage or injury to roads, bridges, rights-of-way, or public or private property.
    • Excavation costs are borne by the contractor or utility owner.

    minimum underground utility depth: >= 3 feet

    “All new utilities shall be considered as a conditional use and, as such, shall conform to all new requirements put on them by the Planning and Zoning Commission and/or County Commission.”
  • Agricultural exemptionConditional

    Agriculture and normal incidents of agriculture under the Burke County zoning ordinance.

    • The exemption does not apply to commercial businesses that provide goods or services to farmers or ranchers.
    “Nothing in this ordinance shall be applied for the purpose of preventing or restricting the use of land or buildings for agriculture or any of the normal incidents of agriculture. This provision does not apply to commercial businesses that provide goods and/or services to farmers or ranchers.”
    One more reviewed finding on this topic
    • Available — Agriculture and normal incidents of agriculture under the Burke County zoning ordinance.
      “No building or structure, other than those associated with the normal incidents of agriculture, shall be erected, moved, added to, or structurally altered without a building permit.”
  • Subdividing landRegulated (with conditions)

    Subdivision applications in Burke County.

    • The county provides a subdivision application and subdivision ordinance through its Planning and Zoning page.
    • Specific subdivision standards were not extracted from the linked ordinance in this run.
    “Subdivision Application [...] Subdivision Ordinance”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision and rural-subdivision development in the county zoning jurisdiction.
      “Subdivision Application APPLY HERE [...] Subdivision Ordinance VIEW”
  • Driveway accessRequired

    Individual non-farm dwelling lots in the Agricultural District.

    • Lots must abut an existing improved road, or provide proof of agreement with the entity responsible for repair and maintenance of a roadway not currently maintained.
    • The county planning page separately publishes an Approach Permit application.
    “The development and location of all lots related to non-farm dwellings shall abut an existing improved road, or, if such development is proposed to have access to a roadway that is not currently being maintained, proof of agreement with the entity responsible for the roadway’s repair and maintenance must be provided.”
  • Permit feesPublished

    Planning and zoning permits and related applications listed on the official Burke County planning page.

    • Commercial: $350.
    • Industrial: 3% of every $1,000.
    • Residential: $50.
    • Agricultural building without dwelling and living quarters: no fee.
    • Agricultural dwelling and agricultural building with living quarters: $50.
    • Zoning amendment: $250; variance: $250; conditional-use permit: $250.

    commercial permit fee: 350 USD · residential permit fee: 50 USD · industrial permit fee: per 3 percent per $1000 · zoning amendment fee: 250 USD · variance fee: 250 USD · conditional use permit fee: 250 USD

    “Ag Building without dwelling and living quarters No Fee Commercial $350.00 Zoning Amendments $250.00 Ag Dwelling & Ag Building with living quarters $50.00 Industrial 3% of every $1,000.00 Variance $250.00 Residential $50.00 CUP $250.00”
    One more reviewed finding on this topic
    • Published (with conditions) — Burke County Planning and Zoning permit and land-use fees.
      “Commercial $350.00 [...] Residential $50.00 [...] CUP $250.00”
  • Permit processPublished

    Burke County building-permit process.

    • Applicants apply to the Planning and Zoning Commission.
    • Plans must meet district regulations and applicable ordinances.
    • The Commission or designated Zoning Administrator collects fees and issues the permit.
    • Noncompliant plans may use amendment, variance, conditional-use, or appeal procedures.
    “All applicants who wish to build or alter any structure as defined in these zoning regulations must apply to the Planning and Zoning Commission for a permit.”

North Dakota rules that apply here

  • Owner-builder exemptionConditional

    An individual who builds that individual’s own single-family residence and seeks the North Dakota builder property-tax exemption.

    • The exemption is discretionary and requires the governing city or county to pass a resolution allowing it.
    • For property within a city, the city governing body has jurisdiction; for property outside an incorporated city, the county has jurisdiction.
    • The property must remain owned by the builder and unoccupied.
    • The exemption applies for the taxable year in which construction began and the next two taxable years.
    • The governing body may impose conditions, including limits on the exemption period and dollar value.
    • A builder may receive the exemption for no more than ten properties in a taxable year within each jurisdiction that approved the exemption.
    • General taxes and installments of special assessments may not be delinquent.
    • This is a property-tax exemption, not a building-permit or building-inspection exemption.

    exemption period: taxable year in which construction began and next two taxable years · maximum properties per builder per jurisdiction per taxable year: 10 properties

    “Whether or not to offer the exemption is at the discretion of the governing body. [...] “Builder” includes an individual who builds that individual’s own residence.”
  • Building code adoptedPartial

    North Dakota's state building code and its adoption and enforcement by cities, townships, and counties statewide; state and local government buildings and schools are also addressed by the administrative code.

    • The state building code is administered and updated by North Dakota Commerce, but enforcement is the responsibility of jurisdictions that elect to adopt and enforce building codes.
    • A city, county, or township that elects to adopt and enforce a building code must adopt and enforce the State Building Code.
    • Cities, townships, and counties may amend the State Building Code to conform to local needs.
    • Fully chartered home rule cities may adopt something other than the State Building Code; the official Commerce page states that, at present, all jurisdictions enforcing a building code have adopted the same individual codes comprising the State Building Code.
    • The State Building Code consists of the International Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas Code; Commerce also states that the 2024 updates and proposed amendments were adopted on September 11, 2025 and that the new State Building Code went into effect January 1, 2026.
    • The state statute separately exempts buildings that are neither heated nor cooled, certain low-energy-use buildings, qualifying restored or reconstructed historic buildings, and agricultural buildings unless used for human habitation or by the public.
    • The administrative code states that its chapter applies to cities, townships, and counties that elect to adopt and enforce building codes within their jurisdictional boundaries, and to all state and local government buildings and public and private schools.

    new state building code effective date: 2026-01-01 · state code components: IBC, IRC, IMC, and IFGC

    “If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code.”
    2 more reviewed findings on this topic
    • Adopted (with conditions) — The North Dakota State Building Code, consisting of the IBC, IRC, IMC, and IFGC, with the 2024 updates and stated amendments effective statewide as the state code framework.
      “adopted the 2024 updates to the IBC, IRC, IMC, and IFGC and the proposed amendments.”
    • Adopted — The North Dakota State Building Code, including residential construction covered by the state residential code.
      “The new North Dakota State Building Code will go into effect Jan. 1, 2026.”
  • Minimum dwelling sizeDistrict specific (with conditions)

    City zoning regulations governing the size of residential buildings in North Dakota; the actual minimum, if any, is established by the applicable local zoning ordinance.

    • The authority is permissive and applies to governing bodies of cities that adopt zoning regulations.
    • The regulation is subject to North Dakota Century Code chapter 54-21.3.
    • A local board of adjustment may determine and vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • Building heightDistrict specific (with conditions)

    Local city zoning regulations governing building height and number of stories.

    • The actual height or story limit is established by the applicable local zoning regulation.
    • The authority is permissive and applies to city zoning regulations.
    • A local board of adjustment may vary application of the regulations under the local regulations.
    “For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
  • Well permitLimited

    Private water-supply wells statewide in North Dakota.

    • A water appropriation permit from the North Dakota Department of Water Resources is required when annual withdrawal exceeds 12.5 acre-feet.
    • A permit is not needed for wells drawing less than 12.5 acre-feet per year, according to the official private-well guide.
    • For domestic, livestock, fish and wildlife, and recreational uses below 12.5 acre-feet per year, the location and capacity of constructed works must be reported to the Department of Water Resources.
    • Anyone hired to construct, install, or repair a well, pump, or pitless unit must be licensed; individuals may install or repair wells on their own property without a license.

    annual water withdrawal threshold: > 12.5 acre-feet per year (Domestic, livestock, fish and wildlife, and recreational uses below this threshold do not require a water appropriation permit but must be reported.) · annual water withdrawal threshold: > 4073137 gallons per year (Equivalent threshold stated by the Department of Water Resources.)

    “Domestic, municipal, public, livestock, fish and wildlife, and recreational water use exceeding 12.5 acre-feet (4,073,137 gallons or 96,979 barrels) per year.”
    One more reviewed finding on this topic
    • Limited — Private water-supply wells in Burke County subject to North Dakota thresholds.
      “If your well will draw over 12.5 acre-feet (4,073,000 gallons) of water per year, it needs to be permitted by the North Dakota Department of Water Resources”
  • Building in a floodplainRequired

    Development in a Special Flood Hazard Area within Burke County, if the location is in an NFIP participating community.

    • The permit comes from the local Floodplain Administrator.
    • The permit must be obtained before work begins.
    • DWR reviews development within the regulatory floodway before permit issuance.
    • Structures substantially damaged or improved by more than 50 percent must fully comply with applicable floodplain regulations.

    substantial improvement threshold: > 50 percent (Structures substantially damaged or improved by more than 50 percent must fully comply)

    “A floodplain development permit must be obtained from the local Floodplain Administrator before beginning any work in a Special Flood Hazard Area.”
    One more reviewed finding on this topic
    • Required — Construction or modification of North Dakota water-control structures regulated by the Department of Water Resources.
      “A construction permit is required from the DWR if a water control structure is constructed or modified”
  • Short-term rentalsLimited

    Transient lodging rentals held out to the public for a charge in North Dakota.

    • A lodging license applies to buildings or structures held out to the public where sleeping accommodations are furnished to transient guests for a charge.
    • The lodging license does not apply to a single structure with five or fewer guest rooms and ten or fewer total occupants.
    • The lodging license also does not apply to a series or group of buildings or structures containing five or fewer guest rooms and ten or fewer total occupants.
    • License applications must be submitted at least 30 days before beginning construction or acquiring new ownership; new construction, renovation, or remodeling also requires the Section 3 Plan Review Checklist; after payment, review may take up to 30 calendar days.

    guest-room exemption threshold: <= 5 guest rooms or fewer (Only when total occupants are ten or fewer.) · occupant exemption threshold: <= 10 occupants or fewer (Only when the structure has five or fewer guest rooms.)

    “The lodging license does not apply to: Single structures with five or fewer guest rooms and ten or fewer total occupants.”
  • Campground & park staysLimited

    Campsite occupancy in North Dakota state parks.

    • The limit applies to campsite and cabin occupancy in state parks.
    • All vehicles entering a state park must have a valid daily or annual vehicle entrance permit, including overnight stays and day visits.
    • Campers must check in at 4:00 p.m. on the first reservation day and check out by 3:00 p.m. on the last day.

    maximum campsite or cabin occupancy: <= 14 nights in any 30-day period

    “Campsite and cabin occupancy is limited to no more than 14 nights in any 30-day period.”
  • county zoning authorityGeneral

    North Dakota counties adopting zoning regulations for land and buildings within the county, including unincorporated areas.

    • The authority is exercised by the board of county commissioners.
    • Regulation is subject to North Dakota Century Code chapter 54-21.3.
    • The authority covers the location and use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.
    • County zoning regulations must be made in accordance with a comprehensive plan.
    • A county may divide all or any parts of the county into districts, and regulations must be uniform within each district but may differ between districts.
    • County zoning regulations must account for the statutory limitations governing farming, ranching, and animal feeding operations in section 11-33-02.1.
    • The board must state the grounds for approving or disapproving zoning amendments or variances, and written findings must be included in the records.
    • The board must establish zoning requirements for solid waste disposal and incineration facilities before July 1, 1994.
    • The board may impose tipping or other fees on solid waste management and incineration facilities, but may not impose a fee under this section on an energy conversion facility or coal mining operation that disposes of its waste onsite.
    • The board may establish institutional controls addressing environmental concerns with the department of environmental quality under section 23.1-10-16.
    “For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes.”
    One more reviewed finding on this topic
    • General — North Dakota county boards of commissioners adopting zoning regulations, including regulation of unincorporated county land.
      “the board of county commissioners of any county may regulate and restrict within the county”
  • county building authorityGeneral

    County authority to administer and enforce the state building code, including the residential code, and to provide for building permits for buildings or structures subject to county zoning in unincorporated areas of North Dakota.

    • A county that elects to administer and enforce a building code must adopt and enforce the state building code; it may amend that code to conform to local needs.
    • A county may administer and enforce the state building code only in areas where a city or township does not administer it. A city or township may relinquish that authority to its county under N.D.C.C. § 54-40.5-03; local governments may also agree to joint administration and enforcement or contract for private enforcement.
    • County permit authority under N.D.C.C. § 11-33-18 applies to a building or structure otherwise subject to the County Zoning chapter.
    • If the county provides for permits, it must require the applicant to state whether the structure is reasonably anticipated to have a significant transportation-system impact. A structure has such impact if it will average at least twenty-five motor vehicles per day during one year with gross weight exceeding sixty thousand pounds [27215.54 kilograms].
    • For a structure with significant transportation-system impact, the county must notify the director of the department of transportation and allow an opportunity to comment; director approval is not required.
    • The county may establish and collect reasonable permit fees, which must be credited to the county general fund.
    • A county-adopted building code may not require fire sprinklers in a single-family dwelling or a residential building containing no more than two dwelling units.

    significant transportation-system impact threshold: >= 25 motor vehicles per day (Over a period of one year; vehicles must have gross weight exceeding sixty thousand pounds [27215.54 kilograms].) · fire-sprinkler requirement: false (A county building code may not require sprinklers in a single-family dwelling or residential building with no more than two dwelling units.)

    “The governing body of a city, township, or county that elects to administer and enforce a building code shall adopt and enforce the state building code. However, the state building code may be amended by cities, townships, and counties to conform to local needs.”

Set by your township or city, not the county

In North Dakota, zoning is adopted by each township or city, so Burke County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.

  • Camping on your land
  • Tiny homes
  • Accessory dwellings

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Burke County, North Dakota

Is Burke County a good place to live off-grid or homestead?

Burke County scores 49/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 1,193 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (17.7″/yr rainfall).

Do you need a building permit in Burke County, North Dakota?

Burke County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by First District Health Unit (Environmental Health Division). Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Burke County, North Dakota?

Land in Burke County runs about $1,445 per acre, based on the latest county data.

What is the water situation in Burke County?

Burke County gets about 17.7" of rain a year, with severe drought in roughly 14.7% of years.

How remote is Burke County?

A typical private-land location has about 1,193 people within 15 miles and 208,387 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Burke compares in North Dakota

Compare side-by-side →See all 53 North Dakota counties ranked →