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Cass County, ND Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Ordinance
#2015-2, § 38.28
Removal deadline
20 days after notice
Extension
To end of harvest season
Unpaid cost
Becomes a property tax lien

Summary

Cass County does not issue encroachment permits. Ordinance #2015-2 bans signs, hay, and other obstructions in county road right-of-way and orders landowners to remove them within 20 days of notice.

City-specific rules exist: Fargo has its own encroachment permits rules that differ from Cass County's county-level regulations. If you live in Fargo, check the city-specific page instead.

The purpose of this policy is to prohibit encroachments, obstructions, signs, and hay within the right of way ... In accordance with N.D.C.C. 24-05-23, the landowner must remove the encroachment within twenty days of receipt of this notice. ... If the landowner fails to correct the encroachment, the County will complete the necessary work to repair the encroachment and the landowner will be billed for the cost ... If the bill remains unpaid for two consecutive months, the bill will be certified to the County Auditor ... and shall become a part of the taxes.

Full Breakdown

Ordinance #2015-2 (§38.28) prohibits encroachments, obstructions, signs, and hay within Cass County road right-of-way. There is no application to encroach: the county instead sends a written notice, and under N.D.C.C. 24-05-23 the landowner must remove the encroachment within twenty days of receiving it, though the County Engineer can extend that to the end of harvest season. If the landowner fails to act, the county repairs the right-of-way itself and bills the landowner for the cost; an unpaid bill after two months is certified to the county auditor and added to the property's tax bill.

Violations & Fines

Refusing to remove a right-of-way encroachment after notice makes the landowner liable for county repair costs, which become a lien collected with property taxes if unpaid.

Frequently Asked Questions

Can I apply for a permit to put a sign or hay in the county right-of-way?
No. Cass County doesn't offer an encroachment permit. Signs, hay, and other obstructions are simply prohibited in the right-of-way and must be removed on notice.
What happens if I ignore the removal notice?
The County Engineer can complete the removal work and bill you for the cost, and an unpaid bill becomes a lien collected with your property taxes.

Sources & Official References

Other rules in Cass County

All Cass County rules

Compare Cass County to another location·View the North Dakota sidewalk & pedestrian rules overview

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