North Dakota House Bill HB1500

North Dakota 2025-2026 Regular Session

• Introduced: 1/20/25
• Refer: 1/20/25
• Report DNP: 2/14/25
• Engrossed: 2/19/25
• Refer: 2/20/25
• Report Pass: 3/24/25
• Enrolled: 4/9/25
• Passed: 4/18/25

Caption

Nonconforming structures in counties, cities, and townships.

Impact

The bill's implications are significant for zoning laws by allowing homeowners with nonconforming structures more leeway in maintaining their properties. This change could stabilize housing values in communities with older structures that may not comply with current zoning regulations, thus protecting property owners from complete loss of their investments. Local zoning authorities will retain the ability to regulate the process, particularly in floodplain areas, emphasizing the importance of compliance with existing management ordinances to mitigate flood risks.

Summary

House Bill 1500 addresses the regulations surrounding nonconforming structures within residential zoning districts in North Dakota. It permits these structures to be repaired, replaced, improved, maintained, restored, or rebuilt even if they are damaged beyond fifty percent of their value, provided certain conditions are met. These conditions include submitting a building permit application within six months of the damage, starting restoration within a year, and ensuring that the new structure does not exceed the original in dimensions or violate existing health and safety codes.

Sentiment

The sentiment surrounding HB 1500 appears to be largely supportive among legislators, as indicated by the voting outcome of 87 in favor and only 3 against during the House second reading. Supporters argue that the bill is a necessary measure to help residents maintain their homes and investments in the face of changing zoning laws. However, there may be contention among local authorities who could feel that the bill undermines their ability to enforce stricter zoning standards tailored to community needs.

Contention

Despite the overall support, notable contention lies in the potential for local governments to lose some regulatory authority over nonconforming structures. Critics may argue that this could lead to inconsistencies in local zoning practices and potentially affect the character of neighborhoods. Concerns regarding floodplain management are also paramount, as the bill requires local authorities to balance property rights with the necessity of maintaining appropriate flood management practices, ensuring that housing development does not exacerbate flood risks.