Arpit Jain 17 min March 22, 2026

Navigating North Dakota Building Codes: A Guide to Permitting, Local Amendments, and Enforcement

Navigating the landscape of construction codes in North Dakota presents a unique challenge for architects, engineers, and contractors. Unlike states with a mandatory, statewide building code, North Dakota operates on a "home rule" basis, where local jurisdictions—cities and counties—decide whether to adopt and enforce building regulations. This creates a patchwork of requirements that demands careful, project-specific research.

This guide provides a comprehensive overview of the North Dakota building code system, from the state-level minimum standards to the specific amendments and permitting processes in major cities like Fargo and West Fargo, and clarifies the enforcement structure in rural areas.

The North Dakota Building Code: Key Requirements & Takeaways

The core of North Dakota's regulatory framework is the State Building Code, established by North Dakota Century Code (NDCC) Chapter 54-21.3. However, its adoption and enforcement are not mandatory for local jurisdictions. This is the single most important concept to understand.

Here are the essential takeaways for any construction project in the state:

• No Mandatory Statewide Enforcement: The state adopts a set of minimum codes (currently based on the 2021 International Codes and 2020 National Electrical Code), but cities and counties must choose to adopt and enforce them. Many do, but many rural areas do not have a local building department.
• Local Authority is Supreme: The local Authority Having Jurisdiction (AHJ)—the city or county building department—is your primary point of contact. Their adopted codes and local amendments are the governing documents for your project.
• Major Cities Have Robust Codes: Cities like Fargo, West Fargo, Bismarck, and Williston have adopted and actively enforce the full suite of International Codes (I-Codes) with specific local amendments.
• State Agencies Have Overlapping Jurisdiction: Even if there is no local building inspector, certain state agencies have authority.
  • The North Dakota State Fire Marshal reviews plans for schools, healthcare facilities, assembly occupancies, and state-owned buildings, regardless of local code enforcement.
  • The State Electrical Board and State Plumbing Board enforce their respective codes statewide.
• Sealed Drawings are Standard: For most commercial projects, drawings must be sealed by a North Dakota-licensed architect or professional engineer, as required by state law and the local AHJ.

Agency / Jurisdiction	Primary Role & Responsibility	Governing Codes
Local AHJ (e.g., City of Fargo)	Primary code enforcement, plan review, permitting, and inspections for projects within city limits.	Adopted I-Codes (e.g., 2021 IBC/IRC) + Local Amendments
County (e.g., Cass County)	Code enforcement for unincorporated areas, if adopted. Role varies widely by county.	Varies; may adopt I-Codes or have limited/no enforcement.
ND State Fire Marshal	Plan review and inspection for specific occupancies (schools, healthcare, assembly, state facilities).	ND Administrative Code (based on IFC, NFPA 101)
ND State Electrical/Plumbing Boards	Licensing and enforcement of electrical (NEC) and plumbing (ND State Plumbing Code) rules statewide.	2020 NEC, ND State Plumbing Code

Why This Topic is Critical for Design Professionals

Understanding North Dakota's bifurcated code system is crucial for avoiding costly delays and redesigns. A design that complies with the base 2021 International Building Code (IBC) may fail plan review in Fargo due to a stricter local floodplain ordinance or in Bismarck due to a specific fire department access requirement.

The typical project workflow involves:

1. Jurisdictional Research: The first step, even before schematic design, is to identify the AHJ and obtain their list of adopted codes, local amendments, and design criteria (e.g., frost depth, snow loads).
2. Parallel Agency Review: For projects like a new school or a large restaurant, the design team must prepare separate submittals for the local building department and the State Fire Marshal. The local AHJ will not issue a building permit until the State Fire Marshal's approval is received.
3. Code Conformance: The design must conform to the strictest applicable requirements, whether they originate from the local amendments, the State Fire Code, or federal laws like the Americans with Disabilities Act (ADA).

Common pitfalls include assuming the state code applies everywhere, being unaware of the State Fire Marshal's review triggers, or overlooking local zoning ordinances that function alongside building codes.

What is the complete process for obtaining a commercial building permit in a major North Dakota city like West Fargo, including requirements for sealed architectural and engineering drawings, special inspection agreements, and coordination with the State Fire Marshal's office for plan review?

The process for obtaining a commercial building permit in West Fargo is a multi-step, coordinated effort that mirrors procedures in other major North Dakota cities. It requires a complete and professionally prepared submittal package that addresses local, state, and engineering requirements.

The core steps are as follows:

1. Pre-Application & Research: Contact the West Fargo Building Inspections Department to confirm the current adopted codes (typically the 2021 I-Codes), local amendments, and specific submittal requirements.
2. Application Submittal: Submit a complete building permit application package, which generally includes:
   • Completed application form.
   • Multiple sets of construction documents (digital PDF format is standard).
   • Sealed Drawings: Drawings and specifications must be prepared and sealed by a North Dakota-licensed architect and/or professional engineer, as required by NDCC Title 43 and IBC §107.
   • Structural calculations, including design loads (snow, wind, seismic).
   • Geotechnical (soils) report.
   • Energy code compliance documentation (e.g., COMcheck report based on the 2021 IECC).
   • Statement of Special Inspections: As required by IBC Chapter 17, this document must be prepared by the engineer of record. It outlines the required special inspections (e.g., concrete strength testing, structural steel welding, high-strength bolting) that will be performed by an independent agency hired by the owner.
3. State Fire Marshal (SFM) Review: If the project falls under the SFM's jurisdiction (e.g., an assembly occupancy for over 50 persons, a school, a healthcare facility per ND Administrative Code 33-15-01), a separate plan review application must be submitted directly to the North Dakota State Fire Marshal's office. The City of West Fargo will not issue its building permit until it receives a letter of approval from the SFM.
4. Local Plan Review: The West Fargo Building Inspections Department reviews the plans for compliance with the adopted 2021 IBC, IMC, IPC, IECC, local zoning, and other city ordinances. They may issue review comments that the design team must address and resubmit.
5. Permit Issuance: Once all local and state reviews are complete and all fees are paid, the city will issue the building permit.
6. Inspections: The contractor must call for all required inspections throughout the construction process, from footing and foundation to final inspection. The third-party special inspector will also conduct their inspections per the approved statement and submit reports to the building department.
7. Certificate of Occupancy (CO): After a successful final inspection where all life safety, accessibility, and code requirements are met, the city will issue a Certificate of Occupancy, allowing the building to be legally occupied.

How do Fargo's local building code amendments address floodplain construction requirements, and how do they differ from the base IBC or ASCE 24 standards for establishing Base Flood Elevation (BFE)?

Fargo's floodplain construction requirements, outlined in Fargo Municipal Code, Chapter 21: Floodplain Management, are significantly more stringent than the minimum standards found in the IBC and ASCE 24. This is a direct response to the city's location in the Red River Valley and its history of major flooding.

The primary difference lies in the establishment of a higher required elevation for new construction.

• Base Standard (IBC/ASCE 24): The model codes and the National Flood Insurance Program (NFIP) require new or substantially improved structures in flood hazard areas to have their lowest floor elevated to or above the Base Flood Elevation (BFE). The BFE is the elevation that has a 1% chance of being equaled or exceeded in any given year.
• Fargo's Stricter Amendment: The City of Fargo mandates a higher standard called the Flood Protection Elevation (FPE). Per Fargo Municipal Code §21-0202, the FPE is defined as the BFE plus one foot of freeboard. All new construction and substantial improvements must have the lowest floor (including basement) elevated to or above this FPE.

Key Differences and Impacts:

• Increased Elevation (Freeboard): The one-foot freeboard requirement provides an additional margin of safety against floods that exceed the predicted BFE.
• Basement Restrictions: The ordinance severely restricts or prohibits the construction of new basements within the Special Flood Hazard Area (SFHA), as it is difficult to elevate a basement floor above the FPE.
• Flood-Resistant Materials: All building materials used below the FPE must be resistant to flood damage, as specified in FEMA technical bulletins and ASCE 24.
• Utilities and Mechanicals: All electrical, HVAC, and plumbing equipment must be elevated to or above the FPE.
• Encroachment: Fargo's code includes strict regulations for any development in the "regulatory floodway" to ensure that new construction does not obstruct flood flows and increase flood heights upstream.

In practice, this means an engineer cannot simply use the BFE from a FEMA Flood Insurance Rate Map (FIRM) for design. They must consult the Fargo Municipal Code, identify the BFE, add the required one foot of freeboard to establish the FPE, and use that higher elevation as the minimum for the building's lowest floor.

What is the current building code used in Fargo, ND?

The City of Fargo currently enforces the 2021 suite of International Codes and the 2020 National Electrical Code (NEC). This includes:

• 2021 International Building Code (IBC)
• 2021 International Residential Code (IRC)
• 2021 International Fire Code (IFC)
• 2021 International Mechanical Code (IMC)
• 2021 International Fuel Gas Code (IFGC)
• 2021 International Plumbing Code (IPC)
• 2021 International Existing Building Code (IEBC)
• 2021 International Energy Conservation Code (IECC)
• 2020 National Electrical Code (NEC)

It is critical to remember that the City of Fargo also has local amendments to these codes, which are contained within the Fargo Municipal Code. Designers must consult both the model codes and the local ordinances.

Who enforces the building code in rural Cass County?

In rural Cass County, outside the incorporated limits of cities like Fargo, West Fargo, or Casselton, building code enforcement is handled by the Cass County Building Official, operating under the Cass County Planning Department.

However, the level of enforcement can vary. It is essential to contact the Cass County Planning Department directly to determine the specific requirements for a project's location. Some townships within the county may have their own zoning rules. Even in areas with no local building inspector, certain statewide regulations still apply, including the State Electrical Code, State Plumbing Code, and State Fire Marshal review for applicable occupancies.

How do I find out the local code amendments for Williston?

The most reliable method for finding local code amendments for the City of Williston is to go directly to the source:

1. Visit the Official City Website: Navigate to the City of Williston's official website.
2. Find the Building Department: Look for the "Community Development" or "Building Department" section. This page will list the currently adopted model codes (e.g., 2021 IBC, 2020 NEC).
3. Access the Code of Ordinances: The city's amendments are codified in their municipal law. Look for a link to the "Williston Code of Ordinances." Building-related amendments are typically found in the chapter titled "Buildings and Building Regulations" (often Chapter 8 or a similar number).
4. Contact the Building Department: Always call the Williston Building Department's main phone number. This allows you to speak with a plan reviewer or inspector to confirm the current code versions and inquire about any recent ordinance changes that may not yet be published online. This final step is a critical part of professional due diligence.

Do I need an architect to stamp drawings for a small commercial remodel in North Dakota?

Generally, yes. North Dakota state law requires a licensed architect or professional engineer to prepare and seal construction documents for most commercial projects, including many remodels. However, the law provides for specific exemptions.

According to North Dakota Century Code §43-03-15, a licensed architect is not required for:

• Planning, designing, or supervising the erection, enlargement, or alteration of a farm building.
• Buildings of less than 2,500 square feet (232.26 square meters) of gross floor area.
• Alterations to any building that do not affect the structural or life safety systems of the building.

Crucial Caveat: The local building official has the final authority. Under IBC §107.1, the AHJ can require sealed drawings for any project if they determine the scope of work is sufficiently complex. For a "small commercial remodel," if the work involves moving walls (affecting egress), altering fire-rated assemblies, changing the structure, or modifying mechanical/electrical/plumbing systems, the local AHJ will almost certainly require sealed drawings, even if the building is under 2,500 sq ft. Always confirm this requirement with the local building department at the start of a project.

When is a building permit not required in North Dakota?

A building permit is not required for certain minor work, but the specific exemptions are determined by the local city or county that has adopted a building code. Where no code is adopted, no building permit is needed, though other state permits (electrical, plumbing) may still be required.

For jurisdictions that have adopted the International Codes, the exemptions are based on IBC §105.2 and IRC §R105.2. Common examples of work exempt from a building permit include:

• One-story detached accessory structures used as tool and storage sheds, playhouses, etc., provided the floor area does not exceed a certain limit (e.g., 200 sq ft in the IRC, though some cities amend this to 120 sq ft).
• Fences not over 7 feet high.
• Retaining walls that are not over 4 feet in height (measured from the bottom of the footing to the top of the wall), unless supporting a surcharge.
• Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons.
• Sidewalks and driveways.
• Painting, papering, tiling, carpeting, cabinets, and similar finish work.
• Temporary motion picture, television, and theater stage sets and scenery.
• Prefabricated swimming pools that are less than 24 inches deep.

Important: Exemption from a building permit does not grant authorization for any work to be done in violation of the code or other laws. For example, an exempt shed must still meet zoning setback requirements. Furthermore, any electrical, plumbing, or mechanical work associated with an exempt project typically requires its own separate permit.

Do I need a building permit for a shed in North Dakota?

Whether you need a building permit for a shed in North Dakota depends on three factors: the shed's size, its location (jurisdiction), and whether it will have utilities.

• In Cities with Codes (Fargo, Bismarck, etc.): Most cities base their rules on the International Residential Code (IRC), which in §R105.2 exempts one-story detached accessory structures of 200 square feet or less. However, some cities amend this to a smaller size, like 120 square feet. You must check with the local building department.
• In Rural Areas: If your property is in a township or county that has not adopted a building code, a building permit is not required.
• Zoning and Setbacks: Regardless of permit requirements, you must comply with local zoning ordinances for setbacks—the required distance from your shed to property lines, other buildings, and public rights-of-way.
• Utilities: If you plan to run electricity or plumbing to the shed, you will need separate electrical and/or plumbing permits, even if a building permit is not required for the structure itself.

Best Practice: Before building any shed, call your local city or county planning/building department and ask two questions: 1) "What is the maximum size for a shed that doesn't require a building permit?" and 2) "What are the zoning setback requirements for an accessory building on my property?"

Coordination with State-Level Agencies

A common point of confusion for out-of-state designers is the multi-layered regulatory environment in North Dakota. Beyond the local building department, several state agencies have authority that can impact a project.

Key State Agencies:

• State Fire Marshal: As previously mentioned, the SFM conducts plan reviews and inspections for a specific list of occupancies statewide. This is a non-negotiable step for applicable projects. Their requirements are based on the IFC and NFPA codes and are often focused on egress, fire suppression, fire alarms, and fire-rated construction.
• State Electrical Board: This board licenses electricians and enforces the National Electrical Code (NEC) across the entire state. Even on a farm in an un-zoned county, any electrical work must comply with the 2020 NEC and be performed by a licensed electrician.
• State Plumbing Board: Similar to the electrical board, this entity licenses plumbers and enforces the North Dakota State Plumbing Code (which is based on the Uniform Plumbing Code). This applies statewide, ensuring that plumbing systems are safe regardless of local building code adoption.
• North Dakota Department of Environmental Quality (NDDEQ): This agency is involved in permits related to stormwater management (especially for sites disturbing one acre or more), septic systems, and public water connections.

Successful project delivery requires identifying all applicable agencies early and coordinating submittals to avoid permitting bottlenecks.

Common Design & Permitting Mistakes in North Dakota

1. Assuming Statewide Code Enforcement: The most frequent error is designing a building to the base I-Codes without checking for a local jurisdiction and their specific amendments.
2. Forgetting the State Fire Marshal: Failing to submit plans to the SFM for a covered occupancy (like a restaurant, daycare, or church) will halt the project at the local level until SFM approval is secured.
3. Ignoring Climatic Design Criteria: North Dakota has significant snow loads and deep frost depths. Each jurisdiction (e.g., Fargo, Bismarck) publishes its specific design criteria. Using generic or insufficient values can lead to structural plan review rejection. Fargo, for example, specifies a 5-foot frost depth.
4. Misinterpreting Floodplain Ordinances: Especially in the Red River Valley (Fargo, Grand Forks), designers must use the locally-mandated Flood Protection Elevation (FPE), not just the Base Flood Elevation (BFE) from FEMA maps.
5. Neglecting Zoning Setbacks: Building an "exempt" shed or deck without checking zoning setbacks can result in a costly order to move the structure.

North Dakota Building Code FAQ

What is the state building code in North Dakota?

The North Dakota State Building Code, based on the 2021 I-Codes, serves as a minimum standard. However, it is not mandatory statewide; it only applies where a local city or county has chosen to adopt and enforce it.

What are the frost depth requirements in North Dakota?

Frost depth requirements vary by location but are typically deep, ranging from 48 to 60 inches. Major cities publish their required design depth; for example, the City of Fargo specifies a minimum footing depth of 5 feet below grade.

Are smoke detectors required in all homes in North Dakota?

Yes. In jurisdictions enforcing the IRC, interconnected smoke alarms are required in specific locations. Additionally, the State Fire Marshal's office enforces requirements for smoke alarms in all residential rental units statewide.

Do I need a contractor's license to work in North Dakota?

Yes, the North Dakota Secretary of State requires any contractor performing work valued at $4,000 or more to obtain a state contractor's license. Some cities may also have local registration requirements.

What are the typical snow load requirements in Fargo?

Ground snow loads for design in the Fargo area are typically in the 35 to 45 pounds per square foot (psf) range. The precise value must be confirmed with the City of Fargo Inspections Department's published design criteria.

Does the ADA apply to buildings in North Dakota?

Yes. The Americans with Disabilities Act (ADA) is a federal civil rights law that applies to all public accommodations and commercial facilities nationwide, regardless of whether a local building code has been adopted. The IBC Chapter 11 and ANSI A117.1 provide the technical standards for compliance.

Where can I find the North Dakota State Fire Code?

The State Fire Code is contained in the North Dakota Administrative Code, Article 33-15. It is primarily based on the International Fire Code (IFC) and references various National Fire Protection Association (NFPA) standards, including NFPA 101, Life Safety Code.

Is an energy code enforced in North Dakota?

Yes, in any jurisdiction that has adopted the I-Codes. The 2021 International Energy Conservation Code (IECC) is the current model code adopted at the state level and enforced by major cities.

Can a local inspector overrule an architect's sealed plans?

Yes. The building official (AHJ) is tasked with interpreting and enforcing the adopted code. If they find a portion of the design that, in their interpretation, does not comply with the code or local amendments, they have the authority to reject the plans and require revisions. The professional seal attests that the design complies in the professional's judgment, but the AHJ has the final enforcement authority.