ADU Pass
Burleigh County
ADU Pass helps homeowners in Burleigh County, North Dakota navigate the permit paperwork for building an accessory dwelling unit. We cover 7 cities and 14 ZIP codes in this county.
Map
County ADU details
County ADU ordinance
Burleigh County (state-capital county; ~99,000 residents — south-central North Dakota; encompassing Bismarck, Lincoln, Wilton, Baldwin, Menoken, Regan, McKenzie, and unincorporated tracts in the Missouri Coteau and Missouri River valley) regulates land use in unincorporated areas through the Burleigh County Zoning Ordinance, administered by the Burleigh County Planning Commission and the County Auditor's office. North Dakota has no statewide ADU preemption — North Dakota's stateAduLaw is netEffect 'no-statewide-law' — and the state delegates zoning authority to counties (NDCC Ch. 11-33) and municipalities (NDCC Ch. 40-47). The Burleigh County Zoning Ordinance permits 'accessory residential dwellings' in agricultural and large-lot residential districts (A, R-A, R-1) by right on parcels of typically 1+ acres subject to size limits (commonly 1,000 sq ft or 50% of principal dwelling), one-per-lot limit, and parking. Smaller residential districts treat ADUs as conditional uses requiring Board of Adjustment approval.
County assessor
Assessment policy: Burleigh County uses elected Township Assessors at the township tier under NDCC Ch. 57-02, with the County Auditor coordinating equalization at the county level under NDCC Ch. 57-12. North Dakota assesses property at 50% of true and full value for residential property (NDCC § 57-02-27.2). New ADU construction is reassessed at 50% of true and full value as of February 1 following completion. North Dakota's homestead credit (NDCC § 57-02-08.1) provides reduced taxable value for owners 65+ or disabled (income-qualified). An ADU rented separately may carve out a non-homestead component subject to standard assessment.
County overlays (3)
Known county issues (2)
- other — Floodplain ADU economics in 2011-affected Burleigh parcels are constrained by elevation requirements; pre-permit floodplain analysis is essential.
- other — Rural ADU siting in Burleigh County may require Section 404 Nationwide Permit or Individual Permit; some parcels are effectively non-developable due to wetland concentrations.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.