Homes built before 1978 may have lead paint, and federal law controls how paid painters disturb it. In North Dakota the federal EPA runs that programme directly. This page also covers the other rules that touch a paint job in Fargo: permits, HOAs, historic districts and storefronts.
This page is general information for homeowners in North Dakota and across the river in Minnesota. It is not legal advice. The agencies named here have the final word.
My house was built before 1978. Do I need to worry about lead paint?
Yes, you should assume lead paint may be present in a house built before 1978 until a test says otherwise. Lead was banned from house paint in the United States in 1978. The older the house, the more likely it is, and the thicker the old layers.
Intact lead paint under newer coats is not the main danger. The danger is dust and chips made by sanding, scraping or cutting. Fargo's core neighborhoods, and the older parts of Moorhead, Casselton and Barnesville, have many houses from well before 1978.
How do I know if old paint contains lead?
You test it. A certified lead inspector or risk assessor can test the paint, and a certified renovator can use an EPA-recognized test kit on the surfaces to be worked on. Age alone does not prove that paint contains lead, and looking at it tells you nothing.
HomeGuide lists a lead inspection at $300 to $700 and a risk assessment at $500 to $1,500, as national figures for 2026. Store-bought kits are listed at $20 to $30, but a home kit does not replace a certified test where the rules apply.
Can you paint over lead paint or must it be removed?
Lead paint that is intact and firmly stuck can usually be painted over, and it does not have to be removed. A fresh coat seals it in. A special thick coating made for this purpose is called an encapsulant.
Painting over only works when the old paint is sound. If it is peeling, or it sits on a surface that rubs, such as a window sash or a door edge, it will keep making dust. Then the loose paint has to be removed with lead-safe methods. Full removal, called abatement, is a separate licensed trade.
What certification does a painter need for pre-1978 homes?
A paid painter who disturbs paint in a pre-1978 home must work for an EPA Lead-Safe Certified Firm, and a certified renovator must be assigned to the job. This is the federal Renovation, Repair and Painting Rule, known as RRP, at 40 CFR Part 745. It also covers child care facilities and preschools built before 1978.
- The rule applies when more than 6 square feet of paint per room is disturbed inside, or more than 20 square feet outside.
- The painter must give you EPA's Renovate Right pamphlet before work starts.
- The work area must be contained, dust kept down and the site cleaned and checked at the end.
- Homeowners working on their own home are generally exempt, unless they rent it out or run child care in it.
In North Dakota, EPA runs this programme. The state Department of Environmental Quality's lead page summarizes the federal rule and sends certification questions to EPA Region 8. Across the river, the Minnesota Department of Health licenses lead workers, supervisors, inspectors and risk assessors and certifies lead firms. It says it is working toward its own Minnesota RRP programme. Until that is in place the EPA rule is the one that applies to painters in Moorhead.
Ask any painter to show the firm's EPA certificate before work starts on an older home. Ask us too.
Do lead rules change the price?
Yes. Lead-safe work adds to the price, because containment, slower scraping methods, special cleanup and record keeping all take time. No national figure is published for lead-safe painting as such.
For removal, HomeGuide lists lead paint removal and encapsulation at $6 to $17 per square foot: encapsulation $6 to $10, enclosure $8 to $13 and removal $10 to $17. Those are abatement figures, not painting figures.
Who is responsible for lead paint disclosure on a rental?
The landlord is responsible for lead paint disclosure. Under the federal disclosure rule, landlords and sellers of most housing built before 1978 must tell tenants and buyers about any known lead paint, share any reports they have, give them the EPA pamphlet Protect Your Family From Lead in Your Home, and include a lead warning statement in the lease or sale contract.
Landlords also fall under the RRP rule when they or their staff disturb paint in a pre-1978 rental. The homeowner exemption does not cover rental property.
Do I need a permit to paint the outside of my house?
No, not in Fargo. The City of Fargo Inspections department says it does not require permits for finish work or painting. It does require a permit for projects involving sheetrock, siding, stairs or a deck.
So paint alone needs no permit, but repairs that go with it may. West Fargo, Moorhead and the smaller towns keep their own permit lists, so check with that town's building office. Moorhead and the towns east of the river follow Minnesota's building code, not North Dakota's.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
If your home is in an HOA, read the covenants before you choose a color. Many HOAs require written approval for exterior color changes, and some keep a list of approved colors. Whether the HOA can fine you depends on what its own documents and state law allow.
HOAs and covenants are common in the newer subdivisions of south Fargo, West Fargo, Horace and Oxbow. Get the approval in writing before the paint is ordered. We can give you color samples for the application.
Are there paint rules in a historic district?
Fargo has Historic Overlay districts, and exterior alterations there that need a building permit also need a certificate of appropriateness first. The city's application form says no building permit for exterior alterations will be issued in a Historic Overlay district without one. The form we read does not mention paint color.
Since painting needs no building permit in Fargo, a repaint on its own may not trigger that review. We have not confirmed that with the city for every district. Call the Planning & Development department at 701.241.1474 before you change the color of a house in a historic district. Rules in Moorhead and other towns are separate.
Do I need a permit to paint a storefront or commercial building?
Painting a storefront or commercial building does not need a building permit in Fargo, by the same city guidance. Other parts of the job might need approval. A new or repainted sign, or a lift or scaffold that blocks a public sidewalk or street, usually needs permission from the city.
Ask the Inspections department before work starts downtown. If the building is in a Historic Overlay district, ask Planning & Development as well. If you rent the space, check your lease, because many leases need the owner's approval for exterior changes.
A free estimate with a written quote is the only way to get a real price for your job. Call or text (701) 502-6833.