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Fargo, ND Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit authority
City engineer
Citation
§ 37-0301
1-2 unit homes
Permit required, plan review exempt
Prerequisite
NDPES permit from ND Health Dept
Per-day penalty
Each day is separate offense

Summary

Fargo requires an erosion and sediment control permit from the city engineer before any grading, excavating, or land-disturbing activity begins, with a required site plan review and fee set by the city commission.

Prior to engaging in any land disturbing activity, an owner shall first (a) submit for review and approval the owner's erosion and sediment control plan and (b) obtain from the city engineer an erosion and sediment control permit. The owner shall complete and file with the city an application for an erosion and sediment control permit in the form prescribed by the city engineer and accompanied by a fee established by the board of city commissioners. No application for an erosion and sediment control permit may be considered unless the applicant has obtained from the North Dakota Department of Health an NDPES permit. Projects administered by the city engineering department shall include erosion and sediment control plans that are designed under the guidance of the city engineer and shall be approved by a registered professional engineer, but shall be exempt from the requirements of this section.

Source: 4510 (2006).

Source: Fargo EngineeringView official code

Full Breakdown

Before any land-disturbing work in Fargo, grading, excavating, filling, or clearing, the owner must submit an erosion and sediment control plan and obtain a permit from the city engineer, per Fargo Municipal Code § 37-0301. The application requires a fee set by the board of city commissioners, and the city won't consider it until the applicant has a North Dakota Department of Health NPDES permit. One- and two-dwelling-unit home construction is exempt from the plan-review requirement but still needs the permit itself, following the city's erosion-control guide for single- and two-family construction. The rule reaches the city's extraterritorial zoning jurisdiction too.

Violations & Fines

Starting land-disturbing work without the permit, or violating an approved plan, draws a notice of violation, an administrative compliance order with fine, or permit revocation; each day of noncompliance is a separate offense under § 37-0407.

Frequently Asked Questions

Do I need a permit just to regrade my yard in Fargo?
Yes. Fargo Municipal Code § 37-0301 requires an erosion and sediment control permit from the city engineer before any land-disturbing activity, including grading, though minor home landscaping and gardening are excluded.
Does building a single-family house exempt me from the permit?
No. One- and two-dwelling-unit construction skips the detailed plan review, but § 37-0302 still requires obtaining the erosion and sediment control permit and following the city's small-lot BMP guide.
What happens if I start digging without the permit?
The city engineer can issue a notice of violation or an administrative order with fine, withhold other permits on the property, and bill you for cleanup costs under §§ 37-0405–37-0406.

Sources & Official References

Other rules in Fargo

All Fargo rules

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