Bismarck Extraterritorial Area FAQs

The City of Bismarck and Burleigh County have agreed to adjustments to Bismarck's extraterritorial area (ETA) which became effective on March 1, 2026. In the areas removed from the ETA, applications should be submitted to Burleigh County, the relevant township, or the City of Lincoln.

A map of the changes is available here or at the bottom of this page.

What is an extraterritorial area in North Dakota?

All cities in North Dakota are permitted to exercise zoning and subdivision jurisdiction for a certain distance outside of city limits. This extraterritorial area (ETA) is defined in North Dakota Century Code t40c47. Some form of ETA jurisdiction has been in state law since 1929, but the modern version of extraterritorial authority was enacted in 1975. Issuance of building permits, floodplain management, and other practices associated with zoning and subdivision are included in this authority. All cities over 5,000 population in North Dakota have enacted ETA ordinances.

How are the boundaries of an extraterritorial area determined?

State law allows cities to enact an ETA a certain distance from city limits, based on population. The City of Bismarck may have an ETA of up to four miles, although any area within the ETA beyond two miles must be jointly governed with the County or Township that has authority. A city may choose to exercise ETA authority for any area within these state limitations. Alternatively, a city may enter into agreements with other political subdivisions and define the boundary and authority by mutual agreement. The City of Bismarck currently has agreements with Burleigh County, Apple Creek Township, Naughton Township, the City of Lincoln, and Missouri Township.

Why does Bismarck need extraterritorial authority?

Bismarck is growing by a thousand people every year. The essential functions of the city - clean water, sanitary sewer, open roads, and proper drainage - cannot be built overnight. They take decades of advanced planning and significant up-front capital investment in anticipation of that growth. Without any control of land outside of their current boundaries, cities lack the ability to lay out infrastructure to serve these future residents in a cost-effective manner. Bismarck's interest in the ETA is exclusively to prepare for future urban growth and development.

As an illustration of infrastructure for sewer service, the following scenarios show the difference in cost of services for urban development of open agricultural land compared to land that has been partially developed with rural properties on individual or community septic systems.

From a statewide perspective, the North Dakota Planning Association has released a white paper on the need for extraterritorial authority.

What about the rights of existing rural residents in the ETA? Is this constitutional?

This is a valid concern that the City of Bismarck takes seriously. Extraterritorial jurisdiction is constitutional. The U.S Constitution enables zoning through the police powers clause of the 10th amendment granted to states. States then have the ability to delegate some or all of this authority to political subdivisions. The North Dakota legislature has reasonably decided to divide this authority among cities and other political subdivisions to balance the needs of urban growth and rural property rights. In 1978, the U.S Supreme court upheld the constitutionality of ETA authority, and the North Dakota Supreme Court ruled that Bismarck's ETA was valid under state law. Both precedents continue to stand.

Although legal, any impacts of the ETA on rural property owners should be minimized. Bismarck is proposing to do this in two ways:

1. Align requirements with Burleigh County. Most of the zoning requirements in rural areas are similar between Burleigh County and Bismarck, but there are a few differences that can be addressed. The Bismarck Planning Division will be processing an ordinance to allow accessory buildings to be larger to match allowances in Burleigh County of a similar zoning district. 
2. Align the ETA boundaries with the City's Comprehensive Plan. Bismarck is proposing amendments to the ETA boundaries that constrain the area to only places the City anticipates will be annexed within the next 50 years.

How can I see the ETA boundaries?

It's right here. Type an address into the search bar to zoom in or scroll around the map. The boundaries are based on Bismarck's Growth Phasing Plan, which was adopted as part of its comprehensive plan in 2022. 

Or click here Version Options Zoning and Guidelines Headline for full-sized map of the proposed ETA changes.