Livestock Grazing on Public Land in North Dakota: Permits, Rules, and What You Need to Know

North Dakota’s rangelands stretch across millions of acres of federal and state-managed land, and grazing on that land is one of the state’s most economically significant agricultural activities. Whether you run cattle on Bureau of Land Management allotments in the badlands or lease grass acres from the North Dakota Department of Trust Lands, you are operating under a layered set of rules that govern everything from how many animals you can run to what happens when a fence goes down.

This guide walks you through every major step of the process — from identifying which public lands are open to grazing, to applying for a permit or lease, paying your fees, meeting livestock identification requirements, fulfilling infrastructure obligations, and understanding what violations can cost you.

Types of Public Land Open to Grazing in North Dakota

Several distinct categories of public land are available for permitted livestock grazing in North Dakota, and each is managed by a different agency with its own rules and priorities.

• BLM-Managed Public Land: Most livestock grazing on BLM lands occurs in 16 contiguous western states, including North Dakota. The BLM manages livestock grazing on 155 million acres of public lands nationwide, with North Dakota’s badlands and western range country making up a meaningful share of that footprint.
• Dakota Prairie Grasslands (U.S. Forest Service): The USDA Forest Service administers the Dakota Prairie Grasslands, which span portions of North Dakota and South Dakota. The Forest Service offers places for recreational activities, and many of the facilities and services associated with these opportunities are free — but some require fees or permits to help maintain, manage, and improve your national forests and grasslands. Grazing is one of those permitted uses.
• North Dakota Department of Trust Lands (NDDTL): The Department of Trust Lands manages more than 706,000 surface acres across the state that are leased for agricultural purposes, with livestock grazing being the dominant land use.
• U.S. Fish and Wildlife Service (USFWS) Wetland Management Districts: The USFWS also issues grazing permits in North Dakota through its Audubon Wetland Management District. The cooperator must own at least 50% of the livestock that are to be grazed under the permit.

Each land type serves a different primary mission. Not all public land looks the same, and it is important to understand that agencies have differing management priorities — the Game and Fish Department’s mission is to create habitat, while Trust Lands are dedicated to producing income for the trusts. Knowing which agency manages a specific parcel is your first step before you ever submit an application.

If you spend time outdoors in North Dakota, you may also encounter wildlife species that share these rangelands. Learning about venomous animals in North Dakota and tick season in North Dakota can help you stay safe while working in the field.

BLM Grazing Permits vs. State Trust Land Leases in North Dakota

The two most common authorization types you will encounter in North Dakota are the BLM term grazing permit and the NDDTL surface lease. They share some similarities but differ significantly in term length, how they are awarded, and what they cost.

Feature	BLM Grazing Permit	NDDTL Surface Lease
Governing Authority	Taylor Grazing Act of 1934; FLPMA	North Dakota state statutes; Board of University and School Lands
Term Length	Typically 10 years, renewable	Maximum 5 years
How Awarded	Application to local BLM field office	Public auction (spring and fall)
Base Property Required?	Yes — must own or control qualifying base property	No formal base property requirement
Fee Structure	Federal AUM-based formula; cannot fall below $1.35/AUM	Competitive bid at auction; annual payments due by Dec. 31
Transferable?	Yes, with BLM approval	No — subleasing is a direct lease violation
Fencing Provided?	No — permittee obligations defined in permit	No — NDDTL does not own or provide fence

Unlike deeded land, grazing permits are not property rights — they are revocable privileges with management requirements, usage limitations, and oversight from the issuing agency. This distinction matters enormously if you are considering purchasing a ranch that carries existing permits or leases.

NDDTL leases have a maximum term of five years; lessees must be 18 years of age or older, and no preference is given to former or current lessees. That last point is a meaningful difference from the BLM system, where long-standing permittees often have renewal priority.

How to Qualify and Apply for a Grazing Permit in North Dakota

The qualification and application process differs depending on whether you are pursuing a BLM permit, a Forest Service permit, or a NDDTL lease. Here is what each path requires.

BLM Permit Application

To qualify for a BLM grazing permit, an applicant must be a citizen of the United States or a validly licensed business and satisfy the base property requirement. Base property is private land or water rights owned or controlled by the applicant that is capable of serving as a base of operations for the livestock — and it must be commensurate with the grazing privileges sought, meaning it must be able to support the livestock when they are not on the public land.

The application process requires assembling detailed documentation to demonstrate eligibility and outline the proposed grazing practices. Applicants must submit proof of ownership or control over the base property, such as a deed or lease agreement, and documentation proving control of the livestock to be grazed.

A central component of the application is the proposed Allotment Management Plan (AMP). The AMP specifies the operational details of grazing, including the season of use, the maximum number of livestock measured in Animal Unit Months (AUMs), and any planned range improvements like fences or water developments. This plan must demonstrate how the proposed grazing will comply with federal rangeland health standards and protect natural resources.

Once the application package, including the AMP, is prepared, it is submitted to the local BLM field office. In North Dakota, that means the BLM Dickinson Field Office, which covers the western part of the state where most federal grazing land is located.

Pro Tip: Contact the BLM field office before you complete your application package. Staff can tell you whether a specific allotment is vacant, what the current stocking rate is, and whether an existing AMP is already in place — saving you significant preparation time.

NDDTL Surface Lease Application

The North Dakota Department of Trust Lands holds public surface lease auctions twice a year, typically in March and October. Dates, times, and locations of auctions can be found in the legal notices of your official county newspaper, the auction schedule link, or by contacting the Department of Trust Lands.

Bidding for each tract starts at the advertised minimum. Lease payments are due immediately following the auction and annually thereafter prior to December 31st throughout the lease term. You should inspect any tract before bidding, because trust lands are leased as-is and NDDTL makes no guarantee of legal access — bidders should ensure they have legal access to tracts before leasing them at auction.

Grazing Fees and Allotment Rules in North Dakota

Understanding how fees are calculated — and what the allotment rules actually require of you day-to-day — is essential before you put livestock on any public land.

Federal Grazing Fees (BLM and Forest Service)

The federal grazing fee is adjusted annually and is calculated using a formula originally set by Congress in the Public Rangelands Improvement Act of 1978. Under this formula, the grazing fee cannot fall below $1.35 per animal unit month (AUM); also, any fee increase or decrease cannot exceed 25 percent of the previous year’s level.

Grazing fee payments are due on the date specified on the billing notice and must be paid in full within fifteen days of the due date, except as otherwise provided in the grazing permit. If payment is not made within that time frame, a late fee will be assessed. More seriously, grazing use cannot be authorized during any period of delinquency in the payment of amounts due, including settlement for unauthorized use.

Allotment Rules and Day-to-Day Obligations

The most basic terms and conditions relate to the placement of livestock on public lands, including the name or location of the grazing allotment; the number, kind, and class of livestock being grazed; and the season of use for grazing. It is unlawful to graze livestock on public lands in a time or place not authorized by the permit.

Allotment management plans often implement grazing rotation schedules, pasture schedules, and movement criteria based on resource conditions or monitoring. Permittees are responsible for knowing the terms and conditions set forth in allotment management plans and are responsible for the management of all livestock authorized to graze pursuant to their permit.

On NDDTL land, trust lands are leased under three main categories: Grass, Crop, and Hay. Grass acres may either be grazed or, if suitable, hayed. Crop acres are designated for annual crop production and may be utilized for cash crops, hay, or forage. Hay acres must remain in perennial cover and cannot be cropped.

Key Insight: An AUM represents the amount of forage needed to sustain one cow-calf pair, one horse, or five sheep or goats for one month. Your permit will specify the total AUMs authorized, which directly limits how many animals you can graze and for how long each season.

Health, Branding, and Identification Requirements for Permitted Livestock in North Dakota

Regardless of which agency issues your permit or lease, you are responsible for ensuring that every animal placed on public land meets applicable health, branding, and identification standards. These requirements exist to protect range health, prevent livestock theft, and allow agencies to verify that only authorized animals are present on an allotment.

Health Certificates and Interstate Movement

If you move livestock from another state onto a North Dakota public land allotment, you must comply with the North Dakota Department of Agriculture’s livestock import requirements. Cattle entering North Dakota for grazing must be accompanied by a Certificate of Veterinary Inspection (CVI) issued within 30 days of movement, and animals must meet current brucellosis and tuberculosis testing requirements where applicable. Contact the North Dakota Department of Agriculture Animal Health Division to confirm the current requirements before moving animals.

Brand Registration and Livestock Identification

North Dakota operates under a mandatory brand inspection program for cattle. Before placing cattle on any public land allotment, you must have a registered brand recorded with the North Dakota Stockmen’s Association. Brand inspections are required when cattle change ownership or cross county lines in certain circumstances, so keeping accurate records of brand registrations is a non-negotiable part of operating on public land.

For USFWS grazing permits in the Audubon Wetland Management District, as the person named on the permit, you are responsible for 100% of the livestock grazed, the amount paid, and compliance with all conditions of the permit. Subletting is not permitted. This means that even if a neighbor’s cattle end up on your permitted unit, you bear responsibility for the violation.

NDDTL leases carry a similar restriction: subleasing is a direct violation of the lease. Lessees should contact the department in advance of any third-party use so that NDDTL can determine whether the arrangement is prohibited. Allowances can be made for share agreements, custom grazing, or grazing associations if disclosed in advance.

Keeping thorough records of your livestock numbers, grazing dates, and brand documentation is strongly advisable. As one range law attorney has noted, there is no reason why permittees should not document anything and everything that occurs on their allotments, as such information may become useful later if the government or a third party challenges resource conditions or grazing practices.

Permittees working in remote allotments should also be aware of other wildlife they may encounter. Reviewing information on when snakes come out in North Dakota and types of bats in North Dakota can help you anticipate what you might encounter during the grazing season.

Fencing, Water, and Range Improvement Obligations in North Dakota

One of the most common surprises for new permittees is the extent of infrastructure obligations that come with a grazing authorization. Neither BLM, NDDTL, nor USFWS provides turnkey operations — you are expected to provide, maintain, or cost-share on the fencing and water infrastructure that makes grazing viable.

Fencing Obligations

The Department of Trust Lands does not own or provide fence on School Trust Lands, except in a few rare circumstances. An existing fence may belong to the previous lessee or be owned wholly or partially by an adjacent landowner. Before you bid on a NDDTL tract, you need to know whether usable fencing already exists and who owns it.

NDDTL does not determine or defend claim to fencing materials, meaning bidders are responsible to provide fence or make necessary arrangements to obtain it. Rental rates are discounted from the market average to offset for the lack of fence.

On BLM and Forest Service allotments, many permits require permittees to participate in maintaining or upgrading range infrastructure — such as fencing, corrals, pipelines, and water systems. These improvements are sometimes shared between multiple permittees or reimbursed partially through agreements, but responsibilities can be significant and should be factored into long-term planning and budgeting.

Under North Dakota law, the general rule is that livestock may not be permitted to run at large. Certain male animals, such as stallions, boars, rams, and bulls, and any animal known to be vicious, are not permitted to run at large under any circumstance. Maintaining adequate fencing is both a permit obligation and a legal requirement.

Water Development

Access to water for livestock depends on the specific tract of Trust Lands. Trust lands may have dams, dugouts, wells, or in some cases no access to water. Cost share is available to install water developments. Before bidding on or applying for any allotment, confirm the water situation directly with the managing agency.

Proper fencing supports livestock distribution and protects riparian zones, while reliable water infrastructure — stock tanks, pipelines, and developed springs — helps minimize pressure on sensitive areas. These are not optional enhancements; they are often conditions written into your permit or lease.

Nonpermanent Improvements on NDDTL Land

Lessees may place nonpermanent improvements — such as fences, corrals, water tanks, and mobile calf creep feeders — on the land, but must remove any such improvements within one hundred twenty days of lease expiration or termination. Any non-permanent infrastructure associated with a water development, such as water tanks, submersible pumps, and solar panels, would be the property of the current lessee.

Important Note: If you install a permanent improvement on a BLM allotment, that improvement may become the property of the United States. Always confirm ownership and removal obligations with your local field office before constructing any infrastructure that could be considered permanent.

For more on North Dakota’s agricultural and wildlife laws that may intersect with your grazing operation, see our guide to roadkill laws in North Dakota and pheasant hunting season in North Dakota, since hunters regularly access public grazing land.

Violations, Permit Suspension, and Cancellation in North Dakota

Grazing permits and leases are privileges, not rights — and both federal agencies and NDDTL have clear authority to suspend, reduce, or cancel your authorization if you fail to comply with its terms. Understanding what triggers enforcement action is just as important as understanding how to get a permit in the first place.

Common BLM and Forest Service Violations

Common situations that often result in suspension or cancellation of a permit include allowing livestock to trespass on other grazing allotments, grazing livestock in the wrong pasture, grazing livestock too early, grazing livestock past the removal date, and grazing too many livestock.

Permittees should take care to comply with the basic terms and conditions of their permit, or receive permission from government personnel if they desire to do something not authorized by their permit. Livestock grazing use that is different from that authorized by a permit must be applied for prior to the grazing period and must be filed with and approved by the BLM.

Both BLM and the Forest Service issue annual grazing authorizations that identify the level of grazing use authorized for the respective grazing fee year. Depending on resource conditions, this might be less than “permitted use” — and both agencies take permit action and apply penalties for non-compliance with permit terms and conditions.

NDDTL Lease Violations

NDDTL lease violations follow a similar framework but are governed by state law and the lease contract itself. The lease or any part thereof shall not be assigned, nor shall the lessee allow the land or any part thereof to be used in any manner by anyone other than the lessee without the prior written consent of the Commissioner.

Prohibited uses are clearly spelled out in the lease: the land shall only be used for the purposes set forth in the lease, and the lessee may not cultivate additional acreage or change the location of fields. Other prohibited uses include equipment storage, hay storage, trash dumping, rock dumping, feedlots, feeding, draining water on or off the land, mining scoria, gravel, clay, or any other minerals, cutting wood, or allowing others to do the same unless authorized in writing.

The most serious consequence of a NDDTL violation is lease termination. A Trust Lands lease can be terminated if the lessee has violated the lease terms and conditions, and because no preference is given to current lessees at re-auction, termination effectively ends your access to that land permanently.

USFWS Permit Revocation

For grazing on USFWS Wetland Management District lands in North Dakota, the consequences of non-compliance are equally clear. Revocation of a permit will result in forfeiture of any future grazing opportunity. Failure to submit full payment of grazing fees by the due date listed on the bill will result in the Service turning outstanding charges to a collection agency, and the cooperator will forfeit future grazing opportunities as well.

Important Note: Under North Dakota law, livestock owners have no liability to owners of crops or other property damaged by livestock within a designated grazing area. However, it is incumbent on livestock owners to determine whether their herds are located within a grazing area — if livestock stray outside a grazing area, the owner will be held liable for any damages they may cause.

The best way to avoid enforcement action on any public land authorization is to keep meticulous records, communicate proactively with your agency contact when conditions change, and never assume that a verbal agreement substitutes for written authorization. If you are uncertain about a specific action — whether it is moving livestock early, installing a new water tank, or allowing a neighbor to run a few head — contact the managing agency in writing and get a response in writing before you act.

Operating a grazing program on North Dakota’s public lands comes with real responsibilities, but it also provides access to some of the most productive and scenic rangeland in the northern Great Plains. Staying informed about your obligations under both federal and state frameworks is the foundation of a long-term, sustainable grazing operation. For more on North Dakota’s animal and wildlife laws, explore our guides to leash laws in North Dakota and rooster crowing laws in North Dakota.