Is It Illegal to Dumpster Dive in North Dakota? Here’s What the Law Says

Dumpster diving is not illegal in North Dakota according to state law, but there are important legal nuances and local rules to be aware of.

Key Legal Points:

State Law: There is no statewide law prohibiting dumpster diving in North Dakota. Individuals are generally free to search through trash placed on public property or in public spaces.
Private Property: Dumpster diving on private property—such as behind businesses or in apartment complexes—without permission is considered trespassing and can result in fines or legal action.
Locked Dumpsters: Attempting to access a locked dumpster is illegal and can also lead to trespassing charges.
Local Ordinances: Some cities in North Dakota have specific ordinances that restrict or prohibit dumpster diving. For example, both Bismarck and Fargo have local laws that make it illegal to rummage through dumpsters or garbage cans on public or private property without authorization. Violators can face misdemeanor charges and fines.
No Trespassing Signs: Always respect posted signs. Entering a fenced or gated area to access a dumpster is trespassing and punishable by law.

Supreme Court Precedent:

The 1988 Supreme Court case California v. Greenwood established that once trash is placed in a publicly accessible area, individuals relinquish their expectation of privacy and ownership, making it legal for others to search through it—provided they do not violate local laws or trespass.

Summary Table

Situation	Legal Status in North Dakota
Public property (e.g., curbside)	Legal
Private property (no permission)	Illegal (trespassing)
Locked/fenced dumpster	Illegal (trespassing)
City ordinance (e.g., Bismarck)	Illegal without authorization

Dumpster diving is legal in most of North Dakota unless you are on private property, accessing a locked or fenced dumpster, or violating a local ordinance. Always check for posted signs and research local rules before diving.

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