Last Updated 08/14/2026
Bismarck Stormwater Laws and Regulations
Excerpt- City of Bismarck Storm Water Plan for compliance with EPA Phase II Storm Water Rules and Regulations
In order for the City of Bismarck to achieve compliance with the EPA Phase II Storm Water Rules and Regulations that will go into effect in 2003 the city has developed a Storm Water Plan. EPA guidelines address six (6) areas that need to be addressed with the City’s Storm Water Plan. These six areas are Public Education and Outreach, Public Participation / Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff Control, Post-Construction Runoff Control, and Pollution Prevention / Good Housekeeping. The following narrative outlines a plan developed to address Minimum Control Measures for each of these six areas. Measurable Goals, which are required for each of the Minimum Control Measures, are intended to gauge permit compliance and program effectiveness. The narrative addresses activities which will be required by the City in the form of public information and education, education of the City staff, maintenance procedures, recommendations for new or modified construction standards for the City, recommendations for additional or modified City ordinances, recommended measurable goals, and timetables for the attainment of the goals within each area. The city will work with other public entities within the MS4, including Bismarck State College, United Tribes Technical College, North Dakota State Capitol Grounds and the North Dakota Army National Guard facilities to assure that they adhere to the requirements of the city’s ordinances Post Construction Runoff Control. To comply with the minimum control measures for Post-Construction Runoff Controls the City must:
- Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs).
- Develop an ordinance or other regulatory mechanism requiring the implementation of Post-Construction Runoff Control.
- Ensure the adequate long-term operation and maintenance of said controls and determine appropriate best management practices and measurable goals for these minimum control measures. To address these minimum control measures the City recommends the following:
- Through proper planning and zoning controls develop guidelines for growth around sensitive areas and areas which are considered undevelopable.
- Develop BMPs for post construction runoff water quality control as appropriate.
- Revise existing ordinances to address water quality issues from developing and redeveloping areas.
- Expand the inspection authority of the City staff to include the inspection of post construction runoff control and have them properly trained to perform these activities. Develop a tracking and reporting process for each site inspection.
- Develop long-term operation and maintenance of BMPs installed as a result of existing and proposed ordinances.
- Develop an education and training program to address the need for post construction site runoff water quality control. This information would be developed to address both the needs of the general public as well as City staff. The City will determine what information will be distributed and the best means of providing this information to the public and City staff.
Excerpt- Bismarck stormwater management ordinance
TITLE 14.1-STORMWATER MANAGEMENT
Purpose and Need. This Title sets forth uniform requirements for stormwater management systems within the City and its extraterritorial jurisdiction. It is the intent of the Board of City Commissioners that the requirements and standards contained in this Title comply with all applicable state and federal laws. In the event of any conflict between the provisions of this Title and the provisions of any erosion control, shoreland protection, floodplain ordinance, or other regulations adopted by the City, County, State or Federal authorities, the more restrictive standard prevails.
14.1-02-01. Municipal Separate Storm Sewer System
The City of Bismarck is a designated Municipal Separate Storm Sewer System (MS4) under the Environmental Protection Agency’s Stormwater Phase II Final Rule published on December 8, 1999 and is regulated under the North Dakota Pollutant Discharge Elimination System (NDPDES) by the North Dakota Department of Health. In order to demonstrate compliance with the requirements of the MS4 General Permit, all development activities within the City’s zoning jurisdiction must comply with the provisions contained herein related to construction stormwater management permits and post-construction stormwater management permits.
14.1-02-02. Conformance with Local, State and Federal Regulations.
In addition to the requirements contained herein, it is the responsibility of the applicant to obtain all required approvals from local, state and federal agencies for the proposed project. Agencies that may require consultation or permits include the Burleigh County Highway Department, the Burleigh County Water Resource District, the North Dakota Department of Transportation, the North Dakota State Water Commission, the North Dakota Department of Health, the North Dakota State Historic Preservation Officer, the United States Army Corps of Engineers, the Federal Emergency Management Agency or the United States Environmental Protection Agency. (Ord. 4817, 02-25-97; Ord. 5853, 11-22-11; Ord. 6270, 08-22-17)
14.1-02-03. Stormwater Design Standards Manual.
The Stormwater Design Standards Manual, as adopted and amended by the City of Bismarck, contains the principal standards and design criteria for complying with the City’s stormwater management program. The Manual details criteria for hydrologic evaluations, the design of stormwater management system facility components, water quality protection standards, and requirements for easements and rights-of-way. The Manual also contains a discussion of operation and maintenance requirements, standard forms to be used, and standard construction details adopted by the City
14.1-04 POST-CONSTRUCTION STORMWATER MANAGEMENT PERMITS.
A post construction stormwater management permit addresses the long-term or permanent function of drainage facilities for development projects. A post-construction stormwater management permit is required for development projects applied for after January 1, 2018 in areas within either the corporate limits or the extraterritorial area that meet one or more of the following criteria:
- Development projects resulting in a cumulative addition of 20,000 square feet or more of impervious surface;
- Any development project that results in construction activity disturbing any amount of land if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more;
- Land disturbing activity that involves excavating and/or filling in excess of 400 cubic yards of material, regardless of surface area;
- Any development activity that requires approval of a subdivision under Title 14 of the City Code of Ordinances or any development project that requires approval of a site plan; or
- Any other activity that the City Engineer determines to have a high risk for water quality or quantity impacts to the public storm sewer system or adjoining property
14.1-04-03. Mandatory Stormwater Management Scoping Sheet.
Prior to the submittal of an application for a post-construction stormwater management permit, the applicant shall complete a pre-submittal scoping sheet and submit it to the City Engineer. The City Engineer will review the basic project information submitted by the applicant and will add information to the scoping sheet regarding the required point of analysis and level of effort required for the stormwater management application. For projects within the extraterritorial area, the City Engineer shall obtain concurrence from the County Engineer prior to approving the scoping sheet. A copy of the approved scoping sheet is a required component of the post-construction stormwater management permit application.
14.1-04-04. Conditional Approval.
Conditional approval of a post-construction stormwater management permit is required prior to submittal of an application for approval of the associated final plat, minor subdivision final plat or site plan. In order to provide adequate time for review and approval, applications for conditional approval of a post-construction stormwater management permit should be submitted no less than thirty (30) days prior to the submittal of an application for approval of a final plat, a minor subdivision final plat or a site plan. For projects that do not require approval of a site plan or a final plat, the application for conditional approval shall be submitted no less than sixty (60) days prior to construction.
- Submittal Requirements. The submittal requirements for conditional approval of a post-construction stormwater management permit are outlined in the City’s Stormwater Design Standards Manual. The submittal package shall be prepared and sealed by a registered professional engineer.
- Review and Conditional Approval Procedures. The review and conditional approval procedures for a post-construction stormwater management permit are outlined in the Stormwater Design Standards Manual. For projects within the City’s extraterritorial area, the City Engineer will provide copies of the stormwater management plan to the County Engineer for review and comment. For projects within the extraterritorial area, the City Engineer shall obtain written concurrence from the County Engineer prior to granting conditional approval of the post-construction stormwater management permit. Upon conditional approval of the post-construction stormwater management permit, the City Engineer will provide the applicant with the original signed copy of the conditional permit by mail or in person and a copy via e-mail. A copy of the conditional permit shall be submitted with the application for approval of a final plat, minor subdivision final plat or site plan.
- Expiration of Conditional Approval. If a project receiving conditional approval is not initiated within one (1) year of the date of conditional approval, the conditional approval shall expire.
Operations and Maintenance Manual. An operations and maintenance manual shall be submitted in conjunction with construction plans and specifications for public projects within the corporate limits and for private projects within both the corporate limits and the extraterritorial area. An operations and maintenance manual shall be submitted for each post-construction stormwater management control, in accordance with the provisions of the Stormwater Design Standards Manual.
Access and Drainage Easements. The City Engineer may require that an easement be recorded to allow for continued access to constructed stormwater management facilities within or adjacent to the corporate limits, to provided cross parcel drainage easements and for other elements that are deemed necessary. All required access and drainage easements shall be prepared by a professional land survey, reviewed by the City Engineer and recorded at the Burleigh County Recorder’s Office, with a copy of the recorded document provided to the City Engineer.
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Frequently Asked Questions
What stormwater regulations apply to properties in Bismarck, North Dakota?
Properties in Bismarck are governed by Title 14.1, Stormwater Management, enforced by the City of Bismarck Board of City Commissioners. Bismarck operates as a designated Municipal Separate Storm Sewer System under the EPA’s Stormwater Phase II Final Rule, with state oversight from the North Dakota Department of Health through the North Dakota Pollutant Discharge Elimination System.
Who enforces stormwater compliance in Bismarck?
The City Engineer administers Bismarck’s post-construction stormwater permitting process, including scoping review, conditional approval, and enforcement of the city’s Stormwater Design Standards Manual.
Do I need an operations and maintenance manual for my stormwater facility in Bismarck?
Yes. An operations and maintenance manual must be submitted along with construction plans and specifications, for both public projects within city limits and private projects within city limits and the extraterritorial area.
How can AQUALIS help with stormwater compliance in Bismarck?
AQUALIS helps property owners prepare pre-submittal scoping sheets and permit documentation, coordinates the professional engineering seal and design standards required for submittal, develops operations and maintenance manuals, and manages easement recording and ongoing facility maintenance so approvals stay valid and projects don’t lose conditional approval by missing the one year initiation window.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
