North Dakota

Buying Land in Cass County, North Dakota

North Dakota's most populous county, anchored by Fargo, is genuinely different from the rest of the state in two ways: the county itself does not zone land use at all -- each of its 49 townships and every incorporated city sets its own rules -- and it sits on the Red River of the North, whose flood history is severe, frequent, and extensively documented.

Cass County Does Not Zone Land Use -- Townships Do

Case-by-case / verify locally

Unlike most counties on this site, Cass County itself does not administer countywide land-use zoning. Each of the county's 49 townships has the authority to adopt its own zoning ordinance (many have; some may not), and every incorporated city zones its own limits and, in some cases, an extraterritorial area beyond them. The Cass County Planning Office provides templates and coordination support to townships but is not itself the zoning authority for unincorporated land. Before assuming any zoning rule applies to a parcel, identify the specific township it's in and contact that township's board directly.

The County Does Directly Run Subdivision, Highway Access, and Floodplain Rules

Case-by-case / verify locally

Even though Cass County doesn't zone, it does directly administer a countywide Subdivision Ordinance (adopted 2006; a minor subdivision is capped at four buildable lots and requires Planning Commission and County Commission approval), a Highway Access Ordinance governing driveway and road-access permits onto county roads, and floodplain/Flood Damage Prevention regulation under the County Engineer. These countywide rules apply regardless of which township a parcel sits in, layered on top of that township's own separate zoning.

The Red River Flood History Is Severe and Extensively Documented

Case-by-case / verify locally

The Red River of the North floods roughly one out of every three years in the Fargo area, and between 2006 and 2011 the river recorded four floods ranking among the top 10 worst in local history, including the 2009 flood of record at 40.84 feet (behind it: 39.72 feet in 1997 and 39.10 feet in 1897). This is not a generic regional risk -- it is one of the most severe, best-documented flood histories of any county on this site, and it should be treated as a primary diligence item for any Cass County parcel, not a footnote.

An Active, Sales-Tax-Funded Flood Diversion Megaproject

Generally favorable

Since 2010, Cass County and the City of Fargo have been funding a roughly $3.2 billion flood diversion project intended to route high water around a 70-square-mile area home to more than 260,000 people, financed in part by a long-term countywide sales tax approved by voters (projected to raise $1.2 billion through 2084). This is real, substantial infrastructure investment aimed at reducing future flood risk -- but it is a long-term, multi-decade project, not a completed fix; confirm current project status and any specific parcel's position relative to protected versus unprotected areas.

No countywide zoning: 49 townships (and every city) each set their own rules

Cass County's approach to zoning is genuinely different from most of the counties covered on this site, including the state's other populous county (Burleigh, home to Bismarck). Cass County itself does not regulate land use through a countywide zoning ordinance. Instead, each of the county's 49 townships holds its own zoning authority and may adopt (or decline to adopt) its own ordinance -- and every incorporated city within the county zones its own limits, with some maintaining extraterritorial zoning authority just beyond city boundaries as well. The Cass County Planning Office supports this system with township resources, ordinance templates, and intergovernmental coordination, but it is explicitly not the zoning authority itself for unincorporated land.

For a buyer, this means the applicable zoning rule for a specific unincorporated parcel depends entirely on which of the 49 townships it sits in -- and whether that particular township has adopted zoning at all. There is no single "Cass County zoning code" to look up; you have to identify the township first (the county's GIS mapping tools can help) and then contact that township's board or, for permit and setback questions, review its specific ordinance directly.

What the county does regulate directly: subdivision, highway access, and floodplain rules

Even without countywide zoning, Cass County directly administers several rules that apply regardless of township. The county's Subdivision Ordinance, adopted by the Board of County Commissioners in 2006, governs how rural land gets split -- a minor subdivision is capped at four buildable lots -- with the survey-versus-plat distinction, approval process, and fees covered in depth below. Separately, the county's Highway Access Ordinance (administered from the Highway Department complex in West Fargo) governs permits for any new access point onto a county road, referencing North Dakota Century Code Section 39-10-20's restriction on driving onto or from a controlled-access roadway except at established entrances; access onto a township road instead requires a permit from that township's board of supervisors.

Floodplain regulation is the third countywide layer, and in Cass County it runs through the County Engineer rather than a planning department: the county's Flood Damage Prevention Ordinance authorizes the County Engineer (and designees) to grant or deny floodplain development permits, working alongside participating cities and townships in the National Flood Insurance Program. Given the Red River's documented flood history (below), this is one of the more consequential countywide rules to check for any specific parcel here.

The Red River flood history: severe, frequent, and worth treating as a primary diligence item

The Red River of the North's flood history in the Fargo-Cass County area is among the most severe and well-documented of any river system on this site's coverage. The river floods roughly once every three years, and the period from 2006 through 2011 alone produced four floods ranking among the top 10 worst in Fargo's recorded history. The 2009 flood remains the flood of record at 40.84 feet, exceeded historically only in local memory by two other events: 39.72 feet in 1997 (the same 1997 flood season that drove the evacuation of roughly 50,000 people from nearby Grand Forks, the region's second-largest such evacuation) and 39.10 feet in 1897.

In response, Cass County and Fargo have pursued a major, long-term infrastructure response: a roughly $3.2 billion flood diversion project, first advanced around 2010, designed to route high water around an approximately 70-square-mile area home to more than 260,000 people. Voters approved a countywide sales tax to help fund it, projected to raise about $1.2 billion through 2084, with Fargo passing a complementary city sales tax. None of this means every Cass County parcel carries flood risk -- but given how well-documented and severe this river's history is, confirming a specific parcel's current FEMA flood-zone status and its relationship to the diversion project's protected area is essential due diligence here, not an afterthought; the diversion's current construction status and its ongoing home-buyout program are covered in depth below.

What we could and couldn't confirm

The description of Cass County's township-based zoning structure reflects county and third-party planning-literature summaries current as of the sources' access dates; whether any specific township has adopted zoning, and what that zoning currently permits, must be confirmed directly with that township rather than assumed. Flood-elevation figures (2009, 1997, 1897 crest heights) are drawn from USGS historical gauge data; flood-diversion project cost, funding, and completion status reflect reporting as of the sources' access dates and are subject to change as the multi-decade project proceeds -- confirm current status and any specific parcel's protected/unprotected status directly with the county or the Fargo-Moorhead Diversion Authority rather than relying on this snapshot.

Verify directly with: the Cass County Planning Office for identifying the correct township and its zoning status, that township's own board for permitted-use questions, the County Engineer's floodplain administration function for flood-zone status, and Fargo Cass Public Health for septic questions

Who to Call Before Buying Land in Cass County

Fargo, West Fargo, and every other incorporated city in Cass County run their own separate planning, zoning, and building-permit departments, not listed here since this page covers unincorporated townships -- contact the specific city directly if a parcel is inside its limits. For unincorporated land, remember there is no single county zoning office to call for a permitted-use question -- the Cass County Planning Office can help identify the correct township, but the township's own board is the actual zoning authority. Fargo Cass Public Health's septic jurisdiction also extends to neighboring Richland, Ransom, Sargent, Steele, and Traill counties, not just Cass.

Planning & Zoning

Cass County Planning Office

Identifying which of the county's 49 townships governs a specific parcel, township zoning-ordinance templates and resources, and the county Subdivision Ordinance process (minor and major subdivisions).

Phone: (701) 298-2375Official website →

Floodplain / Stormwater

Cass County Planning Office -- Floodplain Administration (County Engineer)

Floodplain development permits, current FEMA flood-zone status for a specific parcel, and questions about the Fargo-Moorhead flood diversion project's protected-area boundary.

Phone: (701) 298-2375Official website →

Roads / Driveway / Access