A Plat Modification (PLMD) is the formal modification of a subdivision plat that has been approved and recorded in the City of Bismarck or its ETA. The follow types of plat modifications are available:

References:

• State Law: NDCC 40-39
• Comprehensive Plan: C4(f)

Consider before you begin:

• Owner(s) of all properties abutting the right-of-way proposed for vacation must sign an application to initiate a street/alley vacation. Additionally, one of these owners must sign and notarize a Petition for Vacation or Release form and attach to the application.
• Bismarck values a well-connected street network. Vacation of a street that diminishes travel options or access to properties without commensurate public benefit will not be supported by staff.
• A signed Utility consent form (pdf) from any utility company operating within the area of the public right-of-way is required prior to vacation. For general utility easements, reach out to: 
  • Lumen (formerly CenturyLink)
  • Montana Dakota Utilities
  • Midcontinent
  • Capital Electric Cooperative (for properties within their service area)
• These requirements apply whether or not constructed infrastructure exists in the right-of-way.
• Ownership of the vacated right-of-way will be automatically transferred equally to adjacent land-owners, regardless of which parcel the right-of-way was originally dedicated from. If the petitioners wish to divide the property in any way other than the equal distribution as specified by North Dakota Century Code, this arrangement must be clearly described in the petition.

Process Steps:

• Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged for rights-of-way containing existing facilities.

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments including a utility consent form (pdf). See this year's Meeting Schedule and Application Deadlines (pdf).
• Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
• City Commission Consideration. A staff report is released the week prior on the agenda center, and the City Commission considers the request on their consent agenda and may call for a public hearing.

• Public Notification. By state law, the Planning Division publishes four weeks of legal advertisements in the Bismarck Tribune, the first notice being no later than 30 days before the public hearing. Letters are sent to nearby property owners at the first publication.
• City Commission Public Hearing. A staff report is released the week prior on the agenda center, and the City Commission holds a public hearing during their regular agenda. The City Commission approves, denies, or continues the hearing. There may be conditions placed on the approval.
• Administrative Finalization. City staff record the final signed resolution. However, staff will hold the resolution until any conditions placed on the approval are met. The vacated land is automatically transferred to adjoining owners upon recordation of the resolution.

Submittal Requirements

• Unified Development Application signed by each property owner adjacent to the right-of-way. One property owned must also notarize the application.
• Exhibit showing the location of the request
• Petition for Vacation or Release form.
• Application fee. (See fee schedule (pdf))
• Utility consent form (pdf)

Apply

Initiate an inquiry, submit a scoping request, or file an application for a right-of-way vacation or any combination of project types.

Get Started

For additional information on the right of way vacations, contact Lauren Oster. 

References:

• City Policy: Easement Release Policy (pdf)
• Comprehensive Plan: C10(b)

Consider before you begin:

• Owner(s) of all properties affected by the easement release must sign an application to initiate the release. Additionally, one of these owners must sign and notarize a Petition for Vacation or Release form and attach to the application.
• Easement releases only apply to easements that are dedicated on a recorded plat. Any easements that are created through a separate document cannot be vacated through this process. To vacate these easements, generally all parties with an interest in the easement need to file a separate document with the Burleigh County Recorder’s office nullifying the previous easement.
• It is possible that any easement shown on a plat may be referencing a previously recorded easement. In such cases, additional work may need to be done to nullify the previous easement. Contact the Planning Division to inquire about necessary steps.
• A part of an easement may be released. The part should be precisely described in the application and exhibit (e.g., the West 50 feet of the 150-foot easement).
• If a new easement is required, documents and exhibits for the new easement should be submitted with the application to release. It is not necessary for the new easement to be signed and in recordable form at the time of application, but dimensions of the new easement should be accurately represented.
• These requirements apply whether or not any physical infrastructure exists in the easement, as easement-holders still maintain the right to install new infrastructure in the future.

Types of Easements

Requirements may vary by the type of easement being released:

General Utility Easement	General utility easements are labeled simply as “utility easement” and may be utilized for water, sewer, stormwater, electric, gas, telephone, or any other public utilities or services above ground or underground, including ongoing maintenance and operation of the facility. A signed utility consent form (pdf) from any utility company operating within the area of the public right-of-way is required prior to vacation. For general utility easements, reach out to Lumen (formerly CenturyLink), Montana Dakota Utilities, Midcontinent, and Capital Electric Cooperative (for properties within their service area). No structures may be located within a utility easement. Even if a utility company grants permission to the landowner for an encroachment, an easement release is required to encroach into any recorded utility easement. No public hearing is required.
Specific Utility Easement	Specific utility easements limit the utility to a certain type, such as “sewer main easement” or “rural water easement.” A signed utility consent form (pdf) from the entity that provides the specific utility or service, or any successors and assigns, is required prior to the release of a specific utility easement. No structures may be located within a specific utility easement, unless an encroachment is granted by the easement-holder with a Utility Encroachment Agreement (Word) or the easement is released. If the entity named on the plat no longer exists, you may contact City Planning staff for assistance in identifying the current owner. No public hearing is required.
Stormwater and Drainage Easement	Stormwater and Drainage Easements are dedicated for the purpose of conveyance of water during major rain events, either through pipes installed underground or through overland drainage in a swale or by other means. No structures may be located within a stormwater and drainage easement. Furthermore, the owner of the land is not permitted to regrade or modify the easement in any way that interferes with its stormwater conveyance function. Stormwater and Drainage Easements required under an approved Stormwater Management Plan may not be released unless the applicant can demonstrate that the function of the stormwater system may be adequately maintained without the facility. An applicant may be able to record a separate easement to provide such an alternative. A public hearing is required.
Access Easement	Access easements allow the right to enter into or travel through the easement either to the general public or to a set of identified property owners. Any property owner with land abutting the proposed easement, or having rights to said easement, must sign a petition to release an access easement. An access easement may not be released if any lots or parcels rely on this easement exclusively for access to a public right-of-way, unless another means of access is provided or lots are combined, to provide sufficient access. A public hearing is required.
Other Easement Types	Other types of easements include slope protection easements, site triangle easements, landscape buffer. Consult the Planning Division on criteria and any special requirements related to release of these easement types. A public hearing is required.

Process Steps:

• Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged for rights-of-way containing existing facilities.

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines (pdf).
• Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to. Issues may be identified that require a delay or alteration to resolve.
• City Commission Consideration/Public Hearing. A staff report is released the week prior on the agenda center, and the City Commission considers the request on their consent agenda (utility easements) or a public hearing on their regular agenda (all other easement types) and takes final action.
• Administrative Finalization. City staff record the final signed resolution. However, staff will hold the resolution until any conditions placed on the approval are met.

Submittal Requirements

• Unified Development application signed by owner of property easement lies within
• Exhibit showing the location of the request
• Petition-for-Vacation-or-Release form
• Application fee. (See fee schedule (pdf))
• Utility Consent Form (pdf)

Apply

Initiate an inquiry, submit a scoping request, or file an application for an easement release or any combination of project types.

Get Started

For additional information on easement releases, contact Lauren Oster. 

References:

• Comprehensive Plan: C3(b), C4(a)

Consider before you begin:

• Either the City Engineer or the County Engineer must approve a non-access line vacation based on their respective jurisdiction. The Access Management Policy (pdf) will be referenced. 

Process Steps:

• Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying.

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines (pdf).
• Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
• City Commission Consideration. A staff report is released the week prior on the agenda center, and the City Commission considers the request their consent agenda and takes final action.
• Administrative Finalization. City staff record the final signed resolution. However, staff will hold the resolution until any conditions placed on the approval are met.

Submittal Requirements

• Unified Development application signed by each property owner adjacent to the right-of-way
• Exhibit showing the location of the request
• Application fee. (See fee schedule (pdf))

Apply

Initiate an inquiry, submit a scoping request, or file an application for a non-access line release or any combination of project types.

Get Started

For additional information on non-access line releases, contact Lauren Oster. 

References:

• State Law: NDCC 40-50.1-01

Background:

• Some older subdivision plats show building setback lines on the face of the plat. This can lead to confusion and inconsistency with setbacks of the zoning district, and state law has disallowed new plats to include setback lines.
• Setback line releases are only initiated by staff, but may be requested by any member of the public. Typically, setback lines are released on an entire plat with one action.

For additional information on setback line releases, contact Lauren Oster. 

References:

• City Ordinance: Section 14-09-12
• Comprehensive Plan: G4(c), T5(a)

Background:

• The City of Bismarck does not formally accept petitions for street name changes. Any suggestions to change a street name should be directed to staff of the Planning Division for consideration and possible initiation.
• Staff will work closely with CenCom on all street name matters to ensure that emergency response occurs as efficiently as possible. 
• All property owners adjacent to the street are notified of the action. Staff will attempt to minimize the amount of disruption to residences or businesses that have already been granted an address on a roadway.

For additional information on street name changes, contact Lauren Oster.