ADU Pass
Bismarck
Burleigh County portion
Also in: No County
ADU Pass helps homeowners in Bismarck, Burleigh County, North Dakota navigate the permit paperwork for building an accessory dwelling unit. This area covers 5 ZIP codes.
Map
ADU details
ADU legality: unclear
North Dakota leaves ADU regulation to local municipalities under home-rule or Dillon-rule authority. Bismarck permits ADUs subject to local conditions per its zoning ordinance.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 150 | $1,700 | $30,000 | $31,700 |
| 600 | 600 | $1,700 | $120,000 | $121,700 |
| midpoint | 525 | $1,700 | $105,000 | $106,700 |
| maximum | 900 | $1,700 | $180,000 | $181,700 |
Fee breakdown
Viability (permitted uses)
- Long-term rental: yes Long-term rental of ADU generally permitted; landlord-tenant law and any city rental-registration ordinance apply.
- Short-term rental: with-restrictions STR rules vary by city. Bismarck regulates STRs separately from ADU permitting; check local STR ordinance and HOA covenants.
- Office rental: with-restrictions Detached office rental requires home occupation permit or rezoning.
- Home office: yes Home occupation permitted with restrictions on signage and customer traffic.
- Studio / workshop: yes Personal artist studio is a permitted accessory use.
- Agriculture: with-restrictions Limited urban agriculture permitted in residential zones; livestock varies by district.
- Relative support: yes Family-occupancy ADU explicitly permitted in single-family zones.
Utilities
- Water: Bismarck Water Utility · 30d connect · $4,500
- Sewer: Bismarck Sewer / Wastewater · 30d connect · $5,500
- Electric: Bismarck Electric Utility · 21d connect · $1,800
- Gas: Bismarck Gas Utility · 30d connect · $1,500
Property values & taxes
Construction timeline
Realistic total: best 7mo · typical 10mo · worst 16mo
Financing
Insurance impact
HOA prevalence & preemption
North Dakota has no statewide statute that voids HOA bans on ADUs. Common-interest communities in North Dakota are governed primarily by the North Dakota Condominium Ownership Act (N.D.C.C. Chapter 47-04.1) for condominiums and by general nonprofit corporation law for HOA-style planned communities. Restrictive covenants in declarations and bylaws — including those prohibiting accessory structures or secondary kitchens — remain enforceable per their terms.
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Amendment
- Amendment
Legal history (timeline)
Current ordinance: City of Bismarck Municipal Code — Accessory Dwelling Units, adopted 2020-01-01, last amended 2024-04-01
- 2024-01-01 — City of Bismarck ADU code refresh (city-ordinance)
Conforming local-code amendments aligning with current North Dakota accessory-dwelling framework.
Effect: Codified permissive ADU standards consistent with state law and local zoning.
Burleigh County — county ADU rules and overlays
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 regulatory overlays
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.
ZIP Codes
- 58501
- 58503
- 58504
- 58521
- 58558
Post Office
- 403 Airport Rd, 58504
Locale Names
- Bismarck Nd Sdc