25.3080.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Beltz, Brandenburg, Frelich, Grueneich, Mitskog, Schreiber-Beck, Swiontek,
Weisz
Senators Sorvaag, Thomas, Wanzek
A concurrent resolution directing the Legislative Management to consider studying water and
wetlands regulations and the taxation of inundated lands in the state.
WHEREAS, the management of water and wetlands resources is a complex issue with
significant implications for public health, economic development, and agriculture; and
WHEREAS, determining the high water mark of specific wetlands is imperative to protect
both public and private property losses; and
WHEREAS, the jurisdiction over water and wetlands often is unclear and involves multiple
levels of government, including federal, state, and local agencies; and
WHEREAS, overlapping jurisdictions can create confusion, delays, and inconsistencies in
the regulation and management of water and wetlands; and
WHEREAS, boards of county commissioners are authorized to remove from the tax rolls all
inundated lands, often resulting in inconsistent application; and
WHEREAS, seasonal wet areas and meltwater concentrations are considered jurisdictional
wetlands by some authorities; and
WHEREAS, despite being a jurisdictional wetland, these areas are nuisance areas where
crops can not grow for most of the year, and only become productive acres after the initial
spring runoff; and
WHEREAS, seasonal wet areas can create concentrations of salts and other substances
that permanently impair soil and soil productivity; and
WHEREAS, seasonal wet areas become dry in the summer and serve little value as a
wildlife habitat; and
WHEREAS, a comprehensive study of the jurisdictional framework is necessary to identify
potential conflicts, overlaps, and gaps in authority and tax treatment; and
Page No. 1 25.3080.03000
FIRST ENGROSSMENT
with Senate Amendments
ENGROSSED HOUSE CONCURRENT
RESOLUTION NO. 3018
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23 Sixty-ninth
Legislative Assembly
WHEREAS, a study will provide valuable information to the Legislative Assembly in
developing effective and efficient policies for the protection and management of water and
wetlands resources; and
WHEREAS, addressing confusion and property disputes caused by the declaration of
navigability and property titles deriving from patents issued by the United States will provide
valuable information to the Legislative Assembly concerning the determination of lawful
ownership and tax treatment;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF
NORTH DAKOTA, THE SENATE CONCURRING THEREIN:
That the Legislative Management shall consider studying water and wetlands regulations
and the taxation of inundated lands in the state; and
BE IT FURTHER RESOLVED , that the study must include a review of the different methods
to assess and document high water levels for wetlands; an examination of the regulation of
water, wetlands, and inundated lands laws of other states; an inventory of all federal, state, and
local laws, regulations, and policies relating to the jurisdiction of water and wetlands; an
analysis of the environmental protection and public health jurisdictional framework, including an
identification of potential conflicts, overlaps, and gaps in authority; and recommendations for
improving the clarity, consistency, and efficiency of the jurisdictional framework in water
management; and
BE IT FURTHER RESOLVED , that the study also must explore viable legal options to fill
and drain nuisance areas, examine the impacts of seasonal wet areas on agriculture
productivity and soil health, and identify the value of these areas to resident wildlife; and
BE IT FURTHER RESOLVED , that the Legislative Management report its findings and
recommendations, together with any legislation required to implement the recommendations, to
the Seventieth Legislative Assembly.
Page No. 2 25.3080.03000
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