North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1422

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
2/8/23  
Engrossed
2/14/23  
Refer
2/15/23  

Caption

Legal nonconforming structures in counties, cities, and townships.

Impact

The bill's enactment would influence the regulatory landscape for local governments in North Dakota, particularly concerning how they manage residential structures that cease to meet zoning regulations. By providing clearer guidelines for nonconforming structures, it aims to facilitate the rebuilding process after significant damage by ensuring that owners have options for restoration. This may help homeowners who find themselves in compliance limbo due to outdated zoning laws.

Summary

House Bill 1422 addresses the regulation and management of legal nonconforming structures within counties, cities, and townships of North Dakota. The bill stipulates that structures that were previously compliant with local zoning laws but have since become nonconforming due to changes in zoning regulations may still be repaired, replaced, or rebuilt even if the damage exceeds fifty percent of its value. Conditions for this include the timely application for building permits and compliance with local health, safety, and building codes.

Sentiment

The overall sentiment surrounding HB 1422 appears to be mixed. Proponents argue that the bill protects property rights and enables residents to restore their homes without undue bureaucracy, thus supporting community stability. Critics may express concerns regarding potential overreach or the improper management of nonconforming structures, which could lead to issues such as environmental risks if not regulated appropriately.

Contention

Key points of contention relate to the bill's provisions that allow structures to be rebuilt under specific conditions, which some local authorities may view as undermining local control. Additionally, concerns were raised about how the bill addresses structures located in floodplain areas, emphasizing that local zoning authorities still retain some regulatory power to ensure safety and compliance with flood management ordinances. This balance between facilitating rebuilding and maintaining safety regulations will likely be a significant topic in discussions surrounding HB 1422.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1500

Nonconforming structures in counties, cities, and townships.

ND H1317

Local Regulation of Nonconforming or Unsafe Structures

ND HB3381

Relating to continuance of nonconforming uses by counties.

ND H1647

Local Regulation of Nonconforming and Unsafe Structures

ND HB1315

Home warranties and regulation of residential structures.

ND S587

Clarify Nonconforming Uses

ND SB00944

An Act Clarifying The Continuation Of Nonconforming Uses, Buildings Or Structures.

ND HB1307

Election laws in home rule counties and cities and nominating petition signature thresholds in park districts.

ND HB05487

An Act Concerning The Continuance Of A Nonconforming Use, Building Or Structure.

ND HB06481

An Act Concerning Enforcement Protection For Nonconforming Structures.

Similar Bills

ND HB1500

Nonconforming structures in counties, cities, and townships.

IN SB0139

Manufactured housing in mobile home community.

VA SB701

Vested rights; building permits.

TX HB2149

Relating to nonconforming land uses after the adoption of or change to a zoning regulation or boundary.

IN HB1315

Home warranties and regulation of residential structures.