North Dakota and Minnesota regulate fencing contractors differently, and the Fargo-Moorhead area straddles both states. Here's what each state actually requires, in plain English, and how to check any contractor's standing yourself before you hire anyone.
North Dakota: a license is required above $4,000
The threshold. Any contractor doing work valued over $4,000 in North Dakota has to hold a North Dakota contractor license. There's no statewide trade exam for the general license — it's issued by the Secretary of State, not a licensing board, through the state's FirstStop online portal.
What it takes to get one. A signed statement of the contractor's experience and qualifications, plus a certificate of liability insurance in the same name as the license application, naming the North Dakota Secretary of State as certificate holder — the current mailing address is listed on the FirstStop portal. Contractors with North Dakota employees also need a current certificate of payment from Workforce Safety & Insurance, the state's workers' compensation system.
Four classes, by project value. Class D covers jobs up to $100,000. Class C covers up to $300,000. Class B covers up to $500,000. Class A covers anything over $500,000. A contractor licensed at a lower class taking on a job above their class ceiling is operating outside their license.
Licenses renew annually, on or before March 1 each year. A license that's lapsed is worth asking about directly.
How to check one yourself. Search the North Dakota Secretary of State's public contractor license records for the exact business name. It takes about two minutes and shows the license class and current status. Do this before agreeing to anything or putting down a deposit, for any contractor — not just ones you're suspicious of.
What the North Dakota license does and doesn't tell you
A current license tells you the contractor filed the required paperwork, carries the required insurance, and is authorized to take on work up to their class ceiling. It does not, by itself, tell you whether they're good at fencing specifically, since the license isn't trade-specific the way an electrician's license is. That's worth knowing so you don't over-read what a license confirms. Combine a license check with asking direct questions: how they set posts for this area's frost depth and clay, what they backfill with, and whether the quote is itemized.
Minnesota: a different framework across the river
The general threshold. Minnesota requires a residential building contractor or residential remodeler license from the Department of Labor and Industry (DLI) for most residential construction, repair or maintenance work once a contractor's gross annual receipts from that work exceed $15,000. Below that threshold, a contractor can typically operate under a certificate of exemption on file with the state.
The specialty contractor exception. Minnesota law generally exempts specialty contractors who provide only one special skill from the residential contractor licensing requirement. A business doing fencing installation exclusively, and nothing else, may fall into that exemption — but a business that also does general construction, decks, or multiple specialty trades typically does not. This is worth confirming directly with the contractor rather than assuming either way.
It is a separate system from North Dakota's. Minnesota's licensing runs through the Department of Labor and Industry, not the Secretary of State, and uses entirely different classes and thresholds than North Dakota's contractor license. A contractor licensed in North Dakota is not automatically licensed or registered in Minnesota, and the reverse is equally true. If a contractor tells you their North Dakota license covers a job in Moorhead or Dilworth, that's worth double-checking.
How to check. Minnesota's Department of Labor and Industry maintains public license lookup records for residential building contractors and remodelers. Search the business name directly. If a contractor claims a specialty exemption, ask them to state that plainly rather than implying they hold a license they don't.
Permits, frost depth and local rules vary by city
Beyond state-level contractor licensing, permit requirements and frost depth standards are set locally and genuinely differ across our service area:
| Jurisdiction | Frost depth standard |
|---|---|
| North Dakota, statewide minimum | 60 inches below undisturbed grade (state amendment, Appendix N) |
| City of Fargo, locally inspected standard | 54 inches |
| City of West Fargo | 54 inches |
| Smaller Cass County communities | Confirm directly — may follow the state standard or their own locally adopted figure |
| Clay County, MN communities (Moorhead, Dilworth, Glyndon, Barnesville, Hawley, Sabin) | Set through Minnesota and Clay County's own adopted building code, separate from North Dakota's standards |
| Ada, Norman County, MN | Set through Minnesota and Norman County's own adopted building code |
Ask which standard applies to your specific address before your installer sets posts. The difference between 54 and 60 inches isn't cosmetic — it's six inches of concrete and labor, and it's the kind of detail that's easy to shortcut if nobody asks.
Utility locates: required on both sides of the river
Before any fence post goes into the ground anywhere in North Dakota, state law requires a free utility locate through North Dakota One Call (811), with at least two full business days notice before digging can begin; the resulting markings are generally valid for a set number of days after they're placed. Minnesota has its own similar one-call requirement for the Minnesota communities we cover. A local installer should be building this lead time into scheduling as standard practice, not treating it as optional.
North Dakota's fence law, briefly
For agricultural and boundary fencing specifically, North Dakota's fence statutes span several chapters of the Century Code — primarily chapter 47-26, which defines lawful livestock fence types (wood or board, wire, electric, or another type approved by local fence viewers), along with related provisions in chapters 24-10, 36-11, 47-27 and 49-11. Adjoining landowners generally share responsibility for maintaining a boundary fence unless one elects to leave their land unfenced, and disputes in organized townships go through the township supervisors acting as fence viewers. Minnesota has its own separate fence and livestock statutes; if your project is agricultural and on the Minnesota side, confirm the Minnesota-specific rules rather than assuming North Dakota's framework applies. See our farm and ranch fencing page for more detail on the North Dakota side.
Six questions worth asking any fencing contractor
- Are you licensed for this job's value, in this state? Confirm both the state and the class ceiling.
- What frost depth are you building to, and why? A straight answer referencing your specific address is a good sign.
- What are you backfilling posts with? Plain excavated clay behaves differently than a draining backfill material.
- Is the quote itemized? Material, post depth and spacing, gate hardware and labor should be separable line items.
- Who's requesting the utility locate, and when? It should be a standard part of scheduling, not an afterthought.
- What happens if the ground turns out to be different than expected? An honest contractor has a straight answer for how that gets handled and priced.
ND & MN contractor questions
Does North Dakota require a contractor license for fencing work?
Any contractor whose job is valued over $4,000 has to hold a North Dakota contractor license. There's no trade exam; the license is issued by the Secretary of State through the FirstStop portal, based on a signed statement of experience and a certificate of liability insurance.
What are North Dakota's contractor license classes?
Four classes, by maximum project value: Class D up to $100,000, Class C up to $300,000, Class B up to $500,000, and Class A for jobs over $500,000.
How do I check a North Dakota contractor's license myself?
Search the North Dakota Secretary of State's public contractor license records for the exact business name. It takes about two minutes and tells you the license class and status.
What insurance does a North Dakota contractor need?
A certificate of liability insurance in the same name as the license, naming the North Dakota Secretary of State (the mailing address is listed on the FirstStop portal) as certificate holder. Contractors with North Dakota employees also need a current Workforce Safety & Insurance certificate.
Does Minnesota license contractors the same way North Dakota does?
No. Minnesota requires a residential building contractor or residential remodeler license from the Department of Labor and Industry for most residential construction work once gross annual receipts from that work exceed $15,000. Specialty contractors performing only one skill, which fencing-only businesses often are, may be exempt from that specific license, though it's worth confirming directly.
Is a North Dakota contractor license valid in Minnesota?
No. The two states license contractors under separate, unrelated systems. A license or registration in one state does not carry over to the other.
Do I need a permit for a fence in Fargo or West Fargo?
It depends on height, material and location on the lot. Confirm directly with the relevant building department, or have your installer confirm as part of the quote.
What frost depth applies to a fence post in this area?
It depends on jurisdiction. North Dakota's statewide amendment sets a 60-inch minimum; Fargo and West Fargo's own locally inspected standard is 54 inches. Minnesota communities set their own separate standards through Clay or Norman County and their own city codes.
Do I need a utility locate before digging for a fence?
Yes, on both sides of the river. North Dakota requires a free utility locate through North Dakota One Call (811) with at least two full business days notice before digging. Minnesota has its own similar one-call requirement for the Minnesota towns we cover.