Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE CONCURRENT RESOLUTION NO. 3018
(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 boundaries 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
cannot 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
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 boundaries 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, H.C.R. NO. 3018 - PAGE 2
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. H.C.R. NO. 3018 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State