Livestock Zoning Laws in North Dakota: What Property Owners Need to Know

North Dakota is one of the most agriculture-friendly states in the country, but that doesn’t mean you can keep livestock anywhere you please. Whether you’re planning a small hobby farm outside Bismarck, starting a cattle operation in rural Cass County, or adding chickens to a rural residential lot, zoning laws determine what’s allowed on your property — and at what scale.

Understanding livestock zoning in North Dakota means navigating a layered system of state statutes, county ordinances, and township rules that don’t always align. This guide walks you through how that system works, which zones typically permit livestock, density and setback requirements, right-to-farm protections, and exactly how to confirm what your parcel allows before you invest in animals or infrastructure.

How Livestock Zoning Works in North Dakota

Zoning laws in North Dakota are regulations that govern how land can be used and developed. They are established by local governments to categorize land into different zones, each with specific permitted uses and restrictions. In North Dakota, this authority is split across three levels: cities, counties, and townships — and each operates under its own statutory grant of power.

Township zoning for animal agriculture falls under NDCC 58-03-11.1, while county zoning for animal agriculture is governed by NDCC 11-33-02.1. These two code sections are the primary legal frameworks you need to understand when evaluating whether a property can support livestock operations.

A critical point that surprises many landowners: many people in North Dakota believe that, because rural areas beyond incorporated cities have historically been agricultural production areas, they are zoned agriculture and are entitled to protection from encroachment of non-agricultural land use. This is not the case. Zoning authorities maintain that farming and ranching areas are not protected from encroachment until they are delineated in comprehensive land-use plans.

Comprehensive land-use plans are required by law before adoption of land-use ordinances. Apparently, most rural areas of the state are not covered by comprehensive land-use plans; therefore, there is no protection from encroachment by incompatible land use. This means that simply being in a rural area does not automatically grant you livestock rights — you need to confirm actual zoning designations with your county or township.

Neither a county nor a township may regulate or through any means impose restrictions or requirements on animal feeding operations or on other agricultural operations except as permitted under sections 11-33-02 and 58-03-11. This provision protects livestock operators from local overreach beyond what state law allows. For more on how animal-related regulations interact with local authority, see our overview of kennel zoning laws in North Dakota.

Pro Tip: North Dakota’s zoning authority is highly localized. Two neighboring parcels in different townships can have completely different rules for livestock. Always check with the specific county or township office — not just the state — before purchasing land for agricultural use.

Which Zones Allow Livestock in North Dakota

In North Dakota, zoning laws can be categorized into several types, including residential, commercial, agricultural, and industrial zoning. Livestock operations are most commonly permitted in agricultural zones, though the specifics vary by jurisdiction.

Permitted uses in agricultural zoning typically include crop production, livestock farming, and related agricultural activities. Local governments may also allow agricultural-related businesses, such as farm equipment sales and agritourism operations. If your property sits in an A-1 or A-2 agricultural district — common designations in counties like Burleigh, Morton, and Stutsman — livestock raising is generally a permitted use by right, meaning no special permit is needed for routine operations.

Residential zones tell a different story. Zoning laws impose various restrictions on property use, which can vary widely depending on the zoning category. For instance, residential zones may prohibit commercial activities, while agricultural zones may limit types of farming operations. In most incorporated cities and suburban fringe areas, keeping livestock — especially large animals like cattle, swine, or horses — is either prohibited outright or requires a conditional use permit.

For larger operations classified as animal feeding operations (AFOs), the permitting threshold matters. The operator of a new livestock facility or an existing livestock facility which meets the definition of an animal feeding operation shall apply for a conditional use permit. A new animal feeding operation that would be capable of handling, or that expands to handle, more than 300 animal units is a conditional use of land.

If you keep poultry alongside livestock, note that the rules can differ by species and local ordinance. Our article on rooster laws in North Dakota covers noise and nuisance considerations that often intersect with zoning in residential and mixed-use areas. For beekeeping alongside livestock operations, beekeeping laws in North Dakota outlines how apiaries are treated under local regulations.

Minimum Lot Size and Animal Density Rules in North Dakota

North Dakota does not set a single statewide minimum lot size for livestock. Instead, density rules are built around the concept of “animal units” — a standardized measurement that allows regulators to compare different species on a common scale. Under NDCC 11-33-02.1, “livestock” includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison, elk, fur animals raised for their pelts, and any other animals that are raised, fed, or produced as a part of farming or ranching activities.

Any livestock not listed in specific statutory paragraphs equals 1.0 animal unit per each one thousand pounds whether single or combined animal weight. Common conversions used under North Dakota’s model ordinances include one beef cow as one animal unit, while swine and poultry convert at fractions of an animal unit depending on weight. The total animal unit count on your property determines which permitting tier and setback distances apply to your operation.

Restrictions and regulations within agricultural zoning may limit non-agricultural development and establish minimum lot sizes to preserve farmland. These measures aim to prevent encroachment from urban development and maintain the viability of agricultural operations. In practice, many counties in North Dakota set minimum parcel sizes for livestock in agricultural districts — often ranging from 5 to 40 acres for small operations, though you must verify the exact figure in your county’s zoning ordinance.

Important Note: Animal unit calculations are not intuitive. A single dairy cow, for example, counts as 1.4 animal units under federal EPA definitions that many North Dakota counties incorporate by reference. Always calculate your total animal unit load before applying for permits or expanding an existing operation.

A permitted animal feeding operation may expand its permitted capacity by twenty-five percent on one occasion without triggering a higher setback distance. This one-time expansion allowance can be useful for growing operations, but it applies only to operations that already hold a permit — not to new facilities exceeding threshold limits from the start.

If you’re also considering transporting animals to or from your property, the rules extend beyond zoning. Our guide on transporting livestock laws in North Dakota explains the state requirements that apply once animals leave the farm.

Setback Requirements for Livestock in North Dakota

Setback rules in North Dakota govern the minimum distance between a livestock facility and neighboring residences, schools, churches, businesses, public buildings, parks, and campgrounds. These distances exist to manage odor, noise, and public health impacts — and they are among the most actively debated aspects of livestock zoning in the state.

Under NDCC 11-33-02.1, “location” means the setback distance between a structure, fence, or other boundary enclosing an animal feeding operation, including its animal waste collection system, and the nearest occupied residence, the nearest buildings used for nonfarm or nonranch purposes, or the nearest land zoned for residential, recreational, or commercial purposes.

State law ties setback distances directly to animal unit counts. In a county that does not regulate the nature, scope, and location of an animal feeding operation under section 11-33-02, the department shall require that any new animal feeding operation permitted under chapter 61-28 be set back from any existing residence, church, school, business, public building, park, or campground. If there are fewer than three hundred animal units, there is no minimum setback requirement. Once an operation crosses the 300-animal-unit threshold, state-mandated setbacks apply based on a scale tied to total animal unit count.

Counties have some flexibility to adjust setback distances within state-defined limits. A board of county commissioners may establish high-density agricultural production districts in which setback distances for animal feeding operations are less than those in other districts. A board of county commissioners may also establish, around areas zoned for residential, recreational, or nonagricultural commercial uses, low-density agricultural production districts in which setback distances are greater than those in other districts; provided, the low-density agricultural production districts may not extend more than one and one-half miles from the edge of the area zoned for residential, recreational, or nonagricultural commercial uses.

However, counties cannot go beyond the state ceiling. A board of county commissioners may not adopt or enforce setbacks applicable to animal feeding operations that exceed the setback distances provided in subsection 7 of section 23.1-06-15. Local ordinances that try to push setbacks beyond that statutory maximum are not enforceable.

Setback requirements may not vary by more than fifty percent from those established in NDCC Section 23.1-06-15(7)(a). This fifty-percent variance cap applies to local adjustments, keeping county-level rules within a defined range above or below the state baseline.

Odor standards add another layer. If a county or township has zoned or established a setback distance for an animal feeding operation which is greater than one-half mile under either section 11-33-02.1 or 58-03-11.1, measurements for compliance with the seven odor concentration units standard must be taken at the setback distance rather than one-half mile from the facility. In 2025, the North Dakota Legislature advanced a bill to give counties and townships the option to use an odor footprint tool for livestock zoning decisions, a bill giving counties and townships the option to utilize an odor footprint tool for livestock zoning as an alternative measurement method.

Recent legislative activity has also addressed how setbacks interact with community growth. Governor Kelly Armstrong signed a bill drafted in response to discussions led by a task force. Among other things, the bill was intended to adjust the distance counties and townships are allowed to set between communities and proposed farms with animal herds, such as a dairy operation. If you’re planning a new operation near a growing town, this evolving regulatory landscape is worth monitoring closely.

Pro Tip: If you’re siting a new livestock facility, document the location of all nearby residences, churches, schools, and public buildings before breaking ground. Setback measurements run from your facility’s boundary — including waste collection systems — to those structures, not from your property line.

Right to Farm Protections in North Dakota

North Dakota’s right-to-farm (RTF) law is one of the strongest in the country, operating under NDCC Chapter 42-04. It shields qualifying agricultural operations from nuisance lawsuits brought by neighbors who object to odors, noise, dust, or other normal byproducts of farming and ranching.

North Dakota’s RTF law centers on protecting certain types of operations from nuisance suits when their activities impact neighboring property, for example through noise or pollution. The types of production that receive protection are expansive, including the commercial production of plants and animals, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production, as well as the disposal of those products by “marketing or other means.”

The protection is not unlimited. A series of conditions clarify the context in which RTF protections apply. If operations meet such conditions, like operating for a year and not being a nuisance at the time it begins, those operations cannot be deemed a nuisance under state or local laws. If conditions around the facility change, the protections for the operation still hold. In other words, if a subdivision is built next to an existing livestock operation, the new neighbors cannot sue the farmer for nuisance — the operation was there first.

North Dakota also embedded agricultural protection directly into its constitution. In 2012, North Dakota voters adopted a constitutional amendment sponsored by the North Dakota Farm Bureau, stating, “The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state.” Missouri is the only other state in the nation with a similar constitutional amendment.

State law places limitations on the ability of people affected by agricultural operations to bring nuisance actions to limit or stop such activities. This statutory limitation, combined with the constitutional amendment, gives North Dakota livestock operators among the broadest protections available in any U.S. state. That said, RTF protections do not override zoning requirements — you still need to be in a zone that permits your operation in the first place.

The One Rural project at the University of Kentucky maintains a detailed summary of North Dakota’s right-to-farm law, including how courts have interpreted the statute’s conditions and limitations. The North Dakota Stockmen’s Association also actively tracks legislative efforts that affect livestock producers’ property rights.

HOA and Deed Restrictions That Override Zoning in North Dakota

Zoning tells you what the government allows. Deed restrictions and HOA covenants tell you what private agreements require — and private agreements can be more restrictive than zoning without violating the law. If your property is subject to an HOA or carries recorded deed covenants, those rules layer on top of whatever the county or township permits.

Zoning laws significantly influence property owners by dictating how they can utilize their land. These regulations can affect property values, restrict certain uses, and impose compliance obligations that must be followed to avoid penalties. But HOA covenants operate independently of zoning. A parcel zoned agricultural may still prohibit livestock if the subdivision plat or deed includes a covenant against animal keeping.

Common HOA restrictions that affect livestock owners in North Dakota include:

• Blanket prohibitions on farm animals, defined to include horses, cattle, swine, sheep, and goats
• Limits on the number of chickens or other poultry, sometimes down to zero
• Prohibitions on structures associated with livestock, such as barns, coops, or manure storage
• Odor and noise standards more restrictive than state law
• Requirements for HOA board approval before introducing any new animal species

Deed restrictions recorded in the county recorder’s office run with the land — meaning they bind every future owner, not just the person who agreed to them at closing. Before purchasing any parcel for livestock use, pull the full chain of title and review any recorded plat restrictions, covenants, conditions, and restrictions (CC&Rs).

Property owners must navigate these restrictions carefully to ensure compliance and avoid potential fines. Property owners in North Dakota are obligated to comply with zoning laws, which may include obtaining permits before making changes to their properties. The same principle applies to HOA rules — violating a covenant can result in injunctions, fines, and forced removal of animals or structures regardless of what zoning permits.

Important Note: North Dakota courts generally enforce private deed restrictions and HOA covenants as written. The state’s right-to-farm law does not protect you from a private covenant lawsuit — only from government-initiated nuisance claims. Always have a real estate attorney review any covenants before you commit to a livestock operation on a property with recorded restrictions.

How to Check If Your Property Is Zoned for Livestock in North Dakota

Confirming your property’s zoning status is a straightforward process, but it requires contacting the right offices. Because zoning authority in North Dakota is divided among cities, counties, and townships, the office you contact depends on where your parcel sits.

Follow these steps to verify your livestock zoning status:

1. Identify your jurisdiction. Determine whether your property falls within a city’s extraterritorial zoning area, a county zoning district, or an unzoned township. Your county auditor’s office or the county GIS mapping portal can confirm this.
2. Contact your county planning and zoning office. Ask for your parcel’s current zoning designation and a copy of the applicable zoning ordinance. Request the section that addresses animal feeding operations and livestock uses specifically.
3. Check township regulations separately. If your parcel is in a township that has adopted its own zoning ordinance under NDCC 58-03-11.1, the township supervisors hold separate authority. A county ordinance shall not affect any property located within the zoning or subdivision authority of any township having lawfully enacted regulations as provided in Sections 58-03-11 through 58-03-15 of the North Dakota Century Code.
4. Review the North Dakota Department of Environmental Quality records. All CAFOs that discharge to a surface water are required to obtain a North Dakota Pollutant Discharge Elimination System (NDPDES) Permit. The DEQ’s county zoning records include filed local ordinances for animal feeding operations.
5. Search for deed restrictions. Visit your county recorder’s office or use the county’s online document search to pull the deed, plat, and any recorded covenants on the parcel.
6. Confirm animal unit thresholds. If you plan to exceed 300 animal units, contact the DEQ directly about state permit requirements under NDCC Chapter 61-28 in addition to local zoning approvals.

The North Dakota Township Officers Association provides resources on township-level animal agriculture zoning, including links to the relevant NDCC sections. The North Dakota Department of Agriculture’s laws and rules page lists regulations by species — from cattle and swine to goats, sheep, poultry, and nontraditional livestock — making it a useful starting point for species-specific requirements.

If your property sits near the South Dakota border or you’re comparing rules across state lines, our guides on kennel zoning laws in South Dakota and transporting livestock laws in South Dakota offer a useful comparison. For North Dakota-specific animal law questions that go beyond zoning, see our articles on leash laws in North Dakota, hunting laws in North Dakota, and pet import laws in North Dakota.

North Dakota’s livestock zoning framework rewards landowners who do their homework before purchasing or expanding. The state’s constitutional commitment to farming rights and its strong right-to-farm statute create a genuinely favorable environment for livestock producers — but only if your operation is properly sited, permitted, and in compliance with the applicable county or township ordinance from day one.