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1. What is a subdivision?

Answer : Generally speaking, it is the division of a tract of land into two or more lots (the number of lots includes the lot that remains from the division).     

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2. Are there any county regulations that apply when buying or selling land?

Answer : If the sale of land involves the splitting of property so that the parcel being sold has a separate legal description, the county and cities have applicable regulations.

For land within the City of Fargo, or extraterritorial (ET) boundary, contact the Fargo Planning Office at (701) 241-1474. For land within the City of West Fargo, or extraterritorial (ET) boundary, contact the West Fargo Planning Office at (701) 282-3837. For rural property, contact the County Planner at (701) 298-2375 or visit the Planning Page.

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3. When do I need to plat my land subdivision?

Answer : A subdivision plat and planning commission approval is required for all subdivisions involving new residential development. Contact the County Planner at (701) 298-2375 or visit the Planning Page for further help.   

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4. What is a plat?

Answer : Generally speaking, a plat is a map, drawn to scale, showing how a piece of land is divided into lots with streets and alleys, usually for the purpose of selling the described lots; this is known as subdivision. After a plat is filed, legal descriptions can refer to lot numbers rather than portions of sections.

example of a one-lot subdivision plat

example of a multi-lot subdivision plat

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5. Why do we have subdivision ordinances?

Answer: There are three good reasons for having subdivision ordinances.

First, an ordinance reduces the detrimental impacts to the surrounding community. For example, most ordinances require new driveways be designed and built in a manner that is safe for users of both the existing roads and the new driveways.

Second, an ordinance coordinates the orderly provision of services and infrastructure to support the new development. For example, development needs to provide a healthy method of treating wastewater.

Finally, an ordinance requires that a plan be recorded in the Office of Recorder of Deeds. Once recorded, it becomes part of the official county land records system. A recorded plan shows where property lines are located and becomes a source of title information as is the recorded deed.    

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6. What is a comprehensive plan?

Answer: A comprehensive plan is an official document that contains the collective expression of community values that form the character the community hopes to achieve. It is also a general policy guide for the physical development of a municipality and it serves as the framework upon which all administrative and regulatory documents are based.

Cass County's Comprehensive Plan

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7. What's the difference between subdivision and zoning development regulations?

Answer: Zoning ordinances regulate the types of uses permitted on a tract of land such as commercial, residential, or industrial.

Subdivision ordinances regulate how the land is improved if it is to accommodate land uses permitted by zoning.

For example, zoning allows your land to be used for housing on a certain minimum lot size. The subdivision ordinances determine how storm water runoff is to be handled, the safest place to locate driveways, and whether or not sidewalks are needed.    

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8. How do I determine the zoning?

Answer : Contact the appropriate township zoning official.   

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9. What is the extraterritorial (ET) area?

Answer : Is an area adjacent to and outside of a city in which the city has authority to exercise planning, zoning, building and subdivision regulation, established under Chapter 40-47-01.1 of the ND Century Code. Refer to the Incorporated Limits and ET Map as a general guideline, but contact city officials to confirm the official ET boundary.

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10. How do I determine if my land is in the flood plain?

Answer : Cities and townships who are participants in the National Flood Insurance Program usually have maps which can be reviewed to determine the property's relationship to the floodplain.

You may obtain your own copy of a Flood Insurance Rate Map (FIRM) by visiting the FEMA web site or calling 1-800-358-9616.

Cities
If the property is within the city limits or extraterritorial (ET) boundary limits of a city you should contact that city directly.
City Officials
City Flood Plain Administrators

Townships
The following townships are part of the National Flood Insurance Program (NFIP) and should be contacted directly regarding floodplain questions or use the Township Flood Plain Administrator list:

Amenia Barnes Berlin Davenport
Durbin Empire Gardner Harwood
Mapleton Noble Normanna Pleasant
Raymond Reed Stanley Walburg
Warren Wiser    

All other Areas
Cass County is the Flood Plain Administrator for all other locations. Please contact the Cass County Planner and refer to the Cass County Flood Ordinance.


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11. What's the first thing I should consider when subdividing my land?

Contact your township zoning official to determine how your land is zoned, the minimum lot size and setbacks and if your proposed subdivision is consistent with their zoning regulations and comprehensive plan.

Second, you should contact the County Planner and refer the Subdivision Ordinance, the subdivision checklist, and the North Dakota Farm Bureau's "So You Want to Move to the Country" brochure.

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12. How do I choose a professional to prepare and present my plan?

Answer: Review the county's documents and ASK QUESTIONS! Basically, you should choose a design consultant the same way you would choose any professional like an attorney, accountant, or doctor. Does the consultant have a lot of experience with the Cass County Subdivision Ordinances? Are they experienced in the design and development of one lot subdivisions or large residential and commercial land developments? Will they provide you with a list of references to check out? Are they experienced in the design and development of one lot subdivisions? Does the consultant have good communication skills? Can you expect the consultant to keep you informed throughout the entire process?

We recommend that you take the time to check out design firms before making a final decision. For ethical reasons, Cass County cannot recommend a design consultant.     

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13. Do I need a building permit and who issues building permits?

Answer: A building permit is required for nearly all building projects from the city or township where a project is located.

If the building is located within a city you should contact the appropriate city official. For property within the City of Fargo or extraterritorial (ET) boundary contact the Fargo Building Inspection Department at (701) 241-1561.

If the property is not within a city contact the townships the property is located in to inquiry about the building permit process.

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14. How do I obtain an electrical self-wire inspection?

Answer: The townships issue the building permits and you should contact them first.

You can also contact the ND State Electrical Board for self-wiring

State Electrical Inspector
Mitch Feininger
PO Box 6603
Fargo, ND 58109-6603
701.239.7103
ndseb1@state.nd.us

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15. How do I obtain an address for a new home or lot?

Answer: Contact the County Planner at (701) 298-2375 or use the Address Request Form and provide the following information in order for an appropriate address to be assigned: legal description of the property location, distance from the nearest section corner to the driveway into the property for which an address is being requested, your name and daytime phone number where you can be reached if there are any questions.

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Cass County Government
211 9th Street South • P.O. Box 2806 • Fargo, ND 58108