21 days out
Book the survey
Schedule a state-certified inspector. Send the demolition plan so the scope matches what is actually coming down.
Demolition & renovation compliance
Asbestos Rules for Demolition in Burleigh County, ND
Before a building comes down in Bismarck or anywhere in Burleigh County, two things have to happen: a certified inspection, and a notification filed with the state at least 10 days ahead. This page sets out both, with the federal quantity thresholds that decide what else applies.
The two requirements in one paragraph
North Dakota DEQ requires that all affected parts of a facility being renovated or demolished be inspected by a state-certified inspector for the presence of asbestos-containing materials before the project begins. Separately, form SFN 17987, the Notification of Demolition and Renovation, must be submitted at least 10 days prior to any demolition, whether or not asbestos is present. For renovation, the same 10-day notification applies when more than 160 square feet of asbestos-containing surfacing material or more than 260 linear feet of asbestos-containing thermal system insulation will be disturbed.
Neither of those is a city requirement. They come from the state, under North Dakota Century Code chapter 23.1-06 and North Dakota Administrative Code 33.1-15-13, and they apply throughout Burleigh County regardless of whether the property is inside Bismarck city limits. The municipal demolition permit is a third, separate piece of paperwork.
The most common mistake: assuming that because there is no asbestos, there is no notification. For demolition, the 10-day notification is due either way. The absence of asbestos removes the abatement obligation, not the paperwork.
The federal quantity thresholds
Federal rule 40 CFR 61.145, the asbestos NESHAP, requires the owner or operator to thoroughly inspect the affected facility before demolition or renovation, including for Category I and Category II nonfriable asbestos-containing material. The full set of requirements then applies when the combined amount of regulated asbestos-containing material is:
| Threshold | Applies to |
|---|---|
| 260 linear feet (80 m) | Regulated material on pipes |
| 160 square feet (15 m²) | Regulated material on other facility components |
| 35 cubic feet (1 m³) | Regulated material off facility components where length or area could not be measured |
Below those amounts in a demolition, only the notification requirements apply. That is a meaningful distinction: a small demolition with a modest amount of asbestos-containing material still needs the notification, but does not trigger the full removal and handling regime. Demolitions ordered by a government agency because a structure is structurally unsound and in danger of imminent collapse get a reduced set of requirements.
For planned renovation operations involving individual nonscheduled work, the rule requires predicting the combined additive amount of regulated material for the period from 1 January through 31 December, rather than assessing each small job in isolation. That matters for property managers doing rolling unit turnovers.
The sequence, working backwards from demolition day
The order matters because each step depends on the one before it. The notification cannot be completed accurately without laboratory results, and the laboratory needs two to three business days. Three weeks of lead time is comfortable. Ten days is tight. Anything shorter means paying for rush analysis or moving the demolition date.
14 days out
Survey on site
Bulk samples collected from every homogeneous area in the affected parts of the facility, with quantities estimated.
11 days out
Laboratory results
Two to three business day turnaround on polarised light microscopy, giving percentages and fibre types per material.
10 days out
File SFN 17987
Submit the Notification of Demolition and Renovation to DEQ. Due whether or not asbestos was found.
10 to 1 days out
Abatement if required
A licensed contractor removes regulated material under containment where quantities cross the federal thresholds.
Day 0
Demolition
City permit in hand, notification on file, regulated material gone. The crew works without a compliance question hanging over the site.
How the North Dakota asbestos program works
The DEQ Asbestos Control Program enforces the Emission Standards for Asbestos under the North Dakota Pollution Control Rules. It licenses companies that perform abatement and certifies individuals across the disciplines involved: abatement workers and supervisors, inspectors, management planners, project designers and project monitors. As of the most recent published figures, 55 companies hold North Dakota abatement licences and over 600 individuals hold certifications.
Licensing is not free and not automatic. A contractor licence runs $150 per year. Individual certification is $50 per discipline per application, covering supervisor, worker, project designer, and inspector and air monitor. Training must come from a state-approved provider, and DEQ publishes the list of approved providers operating in North Dakota.
The relevant forms are SFN 16610 for individual certification, SFN 16611 for contractor licensing, SFN 17987 for the demolition and renovation notification, SFN 58174 for the asbestos waste shipment record, and SFN 60750 for training course approval. The one that affects a property owner is SFN 17987.
DEQ can be reached about the asbestos program directly. We deliberately do not reproduce their phone number as a clickable link on this site, because it is a state resource and not our line, but it is published on the DEQ asbestos page linked below.
Bismarck city permits, and where they fit
The City of Bismarck issues building and demolition permits separately from anything DEQ does. Applying for a city demolition permit does not notify the state about asbestos, and filing SFN 17987 does not get you a city permit. You need both, and the asbestos inspection report is the document that typically underpins both applications.
Outside city limits, Burleigh County handles its own permitting for construction and demolition on unincorporated land. The state asbestos requirements are unchanged either way, which is worth emphasising for rural demolitions, where owners sometimes assume the rules are looser because there is no city involved. They are not. The inspection and the notification apply to the structure, not to its zip code.
There is one adjacent rule worth knowing about. Open burning is a common disposal route for farm structures in North Dakota, and DEQ publishes an open burning guide that sets out when it is permitted. Burning a structure that contains asbestos-containing material is not a way around the abatement requirement, and the inspection requirement applies to a structure being demolished by fire the same as one being demolished by machine.
What the inspection report has to tell you
For permitting purposes, a report that says which materials are positive is not sufficient on its own. The notification asks about quantities, and quantities are what the NESHAP thresholds are measured in. A report that gives you percentages without estimated linear feet and square feet leaves you unable to complete the form honestly.
Every affected area covered
The state requirement is that all affected parts of the facility be inspected. A partial survey covering only accessible rooms does not satisfy it for a full demolition.
Percentages and fibre types
Each sampled material reported with asbestos content by percent and, where detected, the fibre type identified by polarised light microscopy.
Estimated quantities
Linear feet for pipe insulation, square feet for surfacing and other components, so the 260, 160 and 35 thresholds can be applied rather than guessed at.
Nonfriable material included
Category I and Category II nonfriable material, such as cement siding and floor tile, is explicitly within scope of the NESHAP inspection requirement.
Inspector certification reference
The report should identify the certified inspector who performed the survey, because the state requirement is specifically for a state-certified inspector.
Laboratory accreditation
The analysing laboratory and its accreditation reference, without which the result is not a document a regulator will rely on.
Official sources
Everything on this page is taken from the following primary sources. Where a detail could not be verified against one of them, it has been left out rather than approximated.
- North Dakota DEQ, Asbestos Control Program
The state program page. Source for the pre-demolition inspection requirement, SFN 17987 and the 10-day rule, the 160 square foot and 260 linear foot renovation triggers, licensing and certification fees, and the governing rules NDCC 23.1-06 and NDAC 33.1-15-13.
- 40 CFR 61.145, Standard for demolition and renovation
The federal NESHAP text. Source for the thorough inspection requirement including Category I and II nonfriable material, and the 260 linear foot, 160 square foot and 35 cubic foot thresholds.
- EPA, Asbestos NESHAP overview
EPA's plain-language overview of how the demolition and renovation standard operates and who it applies to.
- City of Bismarck, Permit Applications
Municipal building and demolition permit applications, which are separate from and additional to the state asbestos notification.
- Burleigh County, North Dakota
County government site for permitting on unincorporated land outside Bismarck city limits.
- North Dakota DEQ, Open Burning Guide
State guidance on when open burning is permitted, relevant to rural structure demolition where burning is the intended disposal route.
Permit and notification questions
Do I need an asbestos inspection before demolition in Burleigh County?
Yes. North Dakota DEQ requires that all affected parts of a facility being renovated or demolished be inspected by a state-certified inspector for the presence of asbestos-containing materials before the project begins. This is a state requirement that applies throughout Burleigh County, including inside Bismarck city limits, and it is separate from any city demolition permit you also need.
What is SFN 17987 and when is it due?
SFN 17987 is the North Dakota Notification of Demolition and Renovation. It must be submitted at least 10 days prior to any demolition, whether or not asbestos is present. For renovation rather than demolition, the same 10-day notification applies when more than 160 square feet of asbestos-containing surfacing material or more than 260 linear feet of asbestos-containing thermal system insulation will be disturbed.
Does the notification apply even if there is no asbestos?
For demolition, yes. The DEQ requirement is explicit that the notification is due 10 days before any demolition whether or not asbestos is present. That catches people out regularly, because the reasoning runs the other way in their heads: no asbestos, no paperwork. For renovation the trigger is quantity-based, so a small renovation below the thresholds does not require notification.
What are the NESHAP asbestos thresholds?
Under 40 CFR 61.145, the full set of requirements applies when the combined amount of regulated asbestos-containing material is at least 260 linear feet on pipes, at least 160 square feet on other facility components, or at least 35 cubic feet off facility components where the length or area could not be measured previously. Below those amounts in a demolition, only the notification requirements apply.
Who can perform the pre-demolition inspection?
A state-certified asbestos inspector. North Dakota DEQ certifies individuals across several disciplines, including inspectors, management planners, project designers, abatement supervisors, abatement workers and project monitors, and has over 600 certified individuals on its rolls. The inspection must cover all affected parts of the facility, not just the areas that are convenient to reach.
Do I still need a city demolition permit?
Yes. The state asbestos notification and the municipal demolition permit are two separate pieces of paperwork with two separate authorities. The City of Bismarck issues building and demolition permits through its permit applications process. DEQ handles the asbestos notification. Neither one substitutes for the other, and the asbestos inspection report is typically what the permit process asks you to have in hand.
What happens if I demolish without the inspection or the notification?
You risk a stop-work order, enforcement action under the state Pollution Control Rules, and a waste stream that has become a regulated one mid-project. The practical cost is usually worse than the penalty: a demolition crew standing idle while a survey gets scheduled under time pressure, and debris that now has to be handled as potentially asbestos-containing because nobody can prove otherwise.
Are farm buildings and outbuildings covered?
The inspection and notification requirements attach to facilities being demolished or renovated, and rural Burleigh and Morton County structures scheduled for demolition are routinely surveyed for that reason. Cement panel siding and roofing and old pipe insulation are common in granaries, barns and farmhouses of that era. If a structure is coming down, the safe assumption is that the notification requirement applies.
How long before demolition should I book the inspection?
At least three weeks out. The notification is due 10 days before demolition, and the laboratory needs two to three business days to return results, which you need before the notification can be filled out accurately. Working backwards from a demolition date, booking the survey two to three weeks ahead leaves room for a rescheduled site visit or a follow-up sample without moving the demolition.
Book the survey before the notification clock starts
Send us the demolition date and we will work backwards from it. Survey, laboratory turnaround and quantities in time to file SFN 17987 without rushing.
What You Get Back
- A written laboratory report naming each material sampled, the asbestos content by percent, and the fibre type.
- A plain-English summary of which materials are regulated and which are not.
- The paperwork a contractor or the state needs before demolition or renovation starts.