North Dakota Ordinances (2026)

North Dakota's animal cruelty law under NDCC Chapter 36-21.2 criminalizes overt acts of cruelty and neglect, which courts apply to animal hoarding cases. The statute provides minimum statewide protections that municipalities can supplement but not weaken.

North Dakota requires all beekeepers to register apiaries annually with the state Department of Agriculture under NDCC Chapter 4.1-46. The state regulates apiary locations, disease inspections, and queen breeder certifications, applying uniformly statewide regardless of local ordinances.

North Dakota regulates exotic and nontraditional livestock under NDCC 36-01-08.2, requiring state licensing for Category 2 and 3 animals including big cats, bears, and primates. The Board of Animal Health enforces these rules statewide, preempting weaker local laws.

The North Dakota Game and Fish Department prohibits baiting deer on most state and federal lands and restricts feeding wildlife in chronic wasting disease (CWD) management zones under NDCC 20.1 and Game and Fish proclamations, applying uniformly statewide.

North Dakota law preempts local zoning to enforce airport hazard height limits, prohibiting structures that penetrate FAA Part 77 imaginary surfaces around public-use airports regardless of city setback or height ordinances.

North Dakota's Compassionate Care Act (NDCC 19-24.1) establishes statewide licensing of medical cannabis dispensaries with mandatory location buffers, preempting local approval of additional dispensaries beyond the state cap.

North Dakota law prohibits all personal home cultivation of cannabis. Recreational marijuana remains illegal, and the state's medical cannabis program (NDCC 19-24.1) bars patient or caregiver home growing.

Commercial drone operators in North Dakota must hold an FAA Part 107 Remote Pilot Certificate. NDCC 2-05.2 governs state law enforcement use, while FAA regulations preempt local airspace and operational control.

Recreational drone operation in North Dakota is governed primarily by FAA Part 107 and the FAA Reauthorization Act, with NDCC 2-05.2 adding state-level criminal restrictions on weaponization and surveillance.

North Dakota sets a uniform statewide minimum wage under NDCC 34-06, and political subdivisions cannot establish higher local wage floors for private employers.

North Dakota does not require private employers to provide paid sick or family leave, and statewide labor statutes leave benefits to employer discretion or federal law.

North Dakota has no predictive or fair scheduling law, and statewide labor statutes preempt cities from imposing private-sector scheduling mandates on employers.

North Dakota requires floodplain communities to adopt floodplain management ordinances meeting NFIP minimums under NDCC 61-16.2, with state coordination through the Department of Water Resources.

The North Dakota Department of Environmental Quality administers federally delegated NPDES stormwater permits under NDCC 61-28, preempting local permits for industrial and construction discharges to state waters.

North Dakota adopts the International Residential Code statewide, which mandates four-foot minimum barriers around residential swimming pools, spas, and hot tubs with self-closing, self-latching gates to prevent child drownings.

North Dakota Century Code Chapter 23-15 governs the sale, possession, and use of consumer fireworks statewide, establishing licensing requirements for retailers and statutory possession exemptions. Local governments may further restrict use but cannot override the statewide retailer licensing scheme administered by the State Fire Marshal.

North Dakota Century Code Chapter 18-08 grants the Governor and county commissioners authority to declare burn bans during periods of high fire danger, and these declarations preempt local permissive rules. The state also regulates open burning of waste through Department of Environmental Quality air-quality rules.

North Dakota has adopted NFPA 58 (the Liquefied Petroleum Gas Code) by reference through the State Fire Marshal under NDCC 18-01.1, applying uniform installation, tank-clearance, and inspection standards statewide. Local jurisdictions cannot adopt less stringent rules.

North Dakota uses a statewide Fire Danger Rating system administered by the North Dakota Forest Service and Department of Emergency Services. When ratings reach high or extreme levels, statutory restrictions on ignition sources activate uniformly across affected counties under NDCC 37-17.1.

North Dakota allows constitutional concealed carry for residents 18 and older under NDCC 62.1-04, while still offering optional permits for reciprocity with other states.

North Dakota broadly preempts local firearm regulation under NDCC 62.1-01-03, reserving most gun-related ordinance authority to the state legislature with narrow exceptions for discharge.

North Dakota permits open carry of firearms by eligible adults under NDCC 62.1, with location-based limits and the state preempting most local open carry restrictions.

North Dakota allows eligible adults to carry loaded firearms in vehicles under NDCC 62.1-04, with constitutional carry permitting concealed transport without a permit statewide.

North Dakota requires mobile food establishments including food trucks and trailers to obtain a state license from the Department of Health under NDCC Chapter 23-09 and NDAC Article 33-33-04. Standards for sanitation and operation apply uniformly statewide.

North Dakota's cottage food law (NDCC 23-09.5) allows home producers to sell certain non-potentially hazardous foods directly to consumers without a license, preempting local food licensing for qualifying products.

North Dakota's Department of Health and Human Services licenses family and group child care homes under NDCC 50-11.1, preempting most local licensing of in-home daycare operations statewide.

North Dakota does not require private employers to use E-Verify, leaving participation in the federal employment verification system voluntary for most businesses statewide.

North Dakota has no statewide sanctuary preemption law, leaving cities and counties free to set their own immigration enforcement cooperation policies under home rule authority.

North Dakota generally permits rooftop rainwater collection for non-potable residential use. State water appropriation law under N.D.C.C. ch. 61-04 governs surface and groundwater diversion, but small-scale rainwater capture from impervious surfaces is not regulated as an appropriation.

North Dakota Century Code Chapter 4.1-47 universally requires landowners statewide to control state-listed noxious weeds. The state Department of Agriculture designates the official noxious weed list, and county weed boards enforce eradication on private property.

North Dakota's public nuisance statute, NDCC 42-01-01, universally defines disturbing noises including persistently barking dogs as actionable nuisances, providing a baseline civil remedy that supplements local barking-dog ordinances statewide.

North Dakota Century Code Chapter 39-26 establishes statewide procedures for removing, storing, and disposing of abandoned motor vehicles. Local jurisdictions must follow these notice and titling rules when impounding vehicles.

North Dakota Century Code Chapter 47-32 governs eviction actions uniformly statewide. North Dakota does not require just cause for non-renewal, and landlords may terminate month-to-month tenancies with proper notice under N.D.C.C. 47-16-15.

North Dakota Century Code 47-16-02.1 expressly prohibits cities, counties, and political subdivisions from enacting rent control on private residential or commercial property. No North Dakota municipality may cap rents or limit rent increases.

North Dakota counties and townships may adopt agricultural zoning under NDCC 11-33 and 58-03, balancing local land use control with statewide Right to Farm protections.

North Dakota Right to Farm law under NDCC 42-04 protects established agricultural operations from nuisance lawsuits when surrounding land uses change over time.

North Dakota law restricts political and outdoor advertising signs within state highway rights-of-way and along interstate and primary highways, preempting local rules that conflict with NDCC chapter 24-17 highway beautification requirements.

North Dakota has no statewide preemption on plastic bags, leaving cities and counties free to adopt their own bag bans, fees, or recycling rules.

North Dakota has no statewide ban or preemption on polystyrene foam containers, allowing local governments to regulate foam packaging if they choose.

North Dakota has no statewide rules on plastic straws under NDCC, and local governments retain authority to adopt their own straw policies if desired.

North Dakota requires electrical permits for solar photovoltaic installations under NDCC Chapter 43-09 and building permits under the state-adopted IRC and IBC. The State Electrical Board licenses installers and inspects work uniformly statewide.

North Dakota requires charitable organizations and paid professional fundraisers to register annually with the Secretary of State under NDCC Chapter 50-22 before soliciting contributions anywhere in the state. This registration applies uniformly and is separate from any local door-to-door peddler permits.

Above-ground swimming pools in North Dakota fall under the state-adopted IRC Appendix G when deeper than 24 inches, requiring permits, barrier compliance, and electrical bonding. Standards apply uniformly statewide with local enforcement.

North Dakota's adopted International Residential Code Appendix G requires four-foot barriers around residential pools deeper than 24 inches, with self-closing self-latching gates. These minimum standards apply statewide, though municipalities may impose stricter rules.

Hot tubs and spas in North Dakota fall under the state-adopted IRC Appendix G and NEC, requiring electrical permits, GFCI protection, and lockable safety covers as alternatives to fencing. Public spas require Health Department permits.

North Dakota adopts the International Building Code and International Residential Code statewide under NDCC Chapter 54-21.3, requiring building permits for permanent swimming pools. Local jurisdictions enforce the code, but the technical standards apply uniformly statewide.

North Dakota Department of Health regulates public swimming pools under NDCC Chapter 23-19 and NDAC Article 33-26, requiring permits, water testing, lifeguard or warning sign provisions, and Virginia Graeme Baker Act drain compliance, applying uniformly statewide.

North Dakota requires purchasers of tobacco, vape, and alternative nicotine products to be 21 under NDCC 51-01.5, aligning with the federal Tobacco 21 minimum age.

North Dakota does not impose a statewide ban on flavored tobacco or vape products under NDCC 51-01.5, leaving sales subject to federal rules and limited local authority.

North Dakota regulates electronic smoking device retail under NDCC 51-01.5, requiring licensing, age verification, and compliance with statewide tobacco product retail standards.