North Dakota 2025-2026 Regular Session

North Dakota House Bill HCR3018 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE CONCURRENT RESOLUTION NO. 3018
4		-	(Representatives Beltz, Brandenburg, Frelich, Grueneich, Mitskog, Schreiber-Beck, Swiontek, Weisz)
5		-	(Senators Sorvaag, Thomas, Wanzek)
6		-	A concurrent resolution directing the Legislative Management to consider studying water and wetlands
7		-	regulations and the taxation of inundated lands in the state.
8		-	WHEREAS, the management of water and wetlands resources is a complex issue with significant
9		-	implications for public health, economic development, and agriculture; and
10		-	WHEREAS, determining the boundaries of specific wetlands is imperative to protect both public
11		-	and private property losses; and
12		-	WHEREAS, the jurisdiction over water and wetlands often is unclear and involves multiple levels of
13		-	government, including federal, state, and local agencies; and
14		-	WHEREAS, overlapping jurisdictions can create confusion, delays, and inconsistencies in the
15		-	regulation and management of water and wetlands; and
	1	+	25.3080.05000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Beltz, Brandenburg, Frelich, Grueneich, Mitskog, Schreiber-Beck, Swiontek,
	7	+	Weisz
	8	+	Senators Sorvaag, Thomas, Wanzek
	9	+	A concurrent resolution directing the Legislative Management to consider studying water and
	10	+	wetlands regulations and the taxation of inundated lands in the state.
	11	+	WHEREAS, the management of water and wetlands resources is a complex issue with
	12	+	significant implications for public health, economic development, and agriculture; and
	13	+	WHEREAS, determining the boundaries of specific wetlands is imperative to protect both
	14	+	public and private property losses; and
	15	+	WHEREAS, the jurisdiction over water and wetlands often is unclear and involves multiple
	16	+	levels of government, including federal, state, and local agencies; and
	17	+	WHEREAS, overlapping jurisdictions can create confusion, delays, and inconsistencies in
	18	+	the regulation and management of water and wetlands; and
16	19		WHEREAS, boards of county commissioners are authorized to remove from the tax rolls all
17	20		inundated lands, often resulting in inconsistent application; and
18	21		WHEREAS, seasonal wet areas and meltwater concentrations are considered jurisdictional
19	22		wetlands by some authorities; and
20		-	WHEREAS, despite being a jurisdictional wetland, these areas are nuisance areas where crops
21		-	cannot grow for most of the year, and only become productive acres after the initial spring runoff; and
22		-	WHEREAS, seasonal wet areas can create concentrations of salts and other substances that
23		-	permanently impair soil and soil productivity; and
24		-	WHEREAS, seasonal wet areas become dry in the summer and serve little value as a wildlife
25		-	habitat; and
26		-	WHEREAS, a comprehensive study of the jurisdictional framework is necessary to identify potential
27		-	conflicts, overlaps, and gaps in authority and tax treatment; and
28		-	WHEREAS, a study will provide valuable information to the Legislative Assembly in developing
29		-	effective and efficient policies for the protection and management of water and wetlands resources; and
30		-	WHEREAS, addressing confusion and property disputes caused by the declaration of navigability
31		-	and property titles deriving from patents issued by the United States will provide valuable information to
32		-	the Legislative Assembly concerning the determination of lawful ownership and tax treatment;
33		-	NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF NORTH
34		-	DAKOTA, THE SENATE CONCURRING THEREIN:
35		-	That the Legislative Management shall consider studying water and wetlands regulations and the
36		-	taxation of inundated lands in the state; and
37		-	BE IT FURTHER RESOLVED , that the study must include a review of the different methods to
38		-	assess and document boundaries for wetlands; an examination of the regulation of water, wetlands,
39		-	and inundated lands laws of other states; an inventory of all federal, state, and local laws, regulations,
40		-	and policies relating to the jurisdiction of water and wetlands; an analysis of the environmental
41		-	protection and public health jurisdictional framework, including an identification of potential conflicts, H.C.R. NO. 3018 - PAGE 2
42		-	overlaps, and gaps in authority; and recommendations for improving the clarity, consistency, and
43		-	efficiency of the jurisdictional framework in water management; and
44		-	BE IT FURTHER RESOLVED , that the study also must explore viable legal options to fill and drain
45		-	nuisance areas, examine the impacts of seasonal wet areas on agriculture productivity and soil health,
46		-	and identify the value of these areas to resident wildlife; and
	23	+	WHEREAS, despite being a jurisdictional wetland, these areas are nuisance areas where
	24	+	crops can not grow for most of the year, and only become productive acres after the initial
	25	+	spring runoff; and
	26	+	WHEREAS, seasonal wet areas can create concentrations of salts and other substances
	27	+	that permanently impair soil and soil productivity; and
	28	+	WHEREAS, seasonal wet areas become dry in the summer and serve little value as a
	29	+	wildlife habitat; and
	30	+	WHEREAS, a comprehensive study of the jurisdictional framework is necessary to identify
	31	+	potential conflicts, overlaps, and gaps in authority and tax treatment; and
	32	+	Page No. 1 25.3080.05000
	33	+	FIRST ENGROSSMENT
	34	+	with Senate Amendments
	35	+	ENGROSSED HOUSE CONCURRENT
	36	+	RESOLUTION NO. 3018
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	59	+	23 Sixty-ninth
	60	+	Legislative Assembly
	61	+	WHEREAS, a study will provide valuable information to the Legislative Assembly in
	62	+	developing effective and efficient policies for the protection and management of water and
	63	+	wetlands resources; and
	64	+	WHEREAS, addressing confusion and property disputes caused by the declaration of
	65	+	navigability and property titles deriving from patents issued by the United States will provide
	66	+	valuable information to the Legislative Assembly concerning the determination of lawful
	67	+	ownership and tax treatment;
	68	+	NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF
	69	+	NORTH DAKOTA, THE SENATE CONCURRING THEREIN:
	70	+	That the Legislative Management shall consider studying water and wetlands regulations
	71	+	and the taxation of inundated lands in the state; and
	72	+	BE IT FURTHER RESOLVED , that the study must include a review of the different methods
	73	+	to assess and document boundaries for wetlands; an examination of the regulation of water,
	74	+	wetlands, and inundated lands laws of other states; an inventory of all federal, state, and local
	75	+	laws, regulations, and policies relating to the jurisdiction of water and wetlands; an analysis of
	76	+	the environmental protection and public health jurisdictional framework, including an
	77	+	identification of potential conflicts, overlaps, and gaps in authority; and recommendations for
	78	+	improving the clarity, consistency, and efficiency of the jurisdictional framework in water
	79	+	management; and
	80	+	BE IT FURTHER RESOLVED , that the study also must explore viable legal options to fill
	81	+	and drain nuisance areas, examine the impacts of seasonal wet areas on agriculture
	82	+	productivity and soil health, and identify the value of these areas to resident wildlife; and
47	83		BE IT FURTHER RESOLVED , that the Legislative Management report its findings and
48		-	recommendations, together with any legislation required to implement the recommendations, to the
49		-	Seventieth Legislative Assembly. H.C.R. NO. 3018 - PAGE 3
50		-	____________________________ ____________________________
51		-	Speaker of the House President of the Senate
52		-	____________________________ ____________________________
53		-	Chief Clerk of the House Secretary of the Senate
54		-	Filed in this office this ___________day of _______________________________________, 2025,
55		-	at ________ o’clock ________M.
56		-	____________________________
57		-	Secretary of State
	84	+	recommendations, together with any legislation required to implement the recommendations, to
	85	+	the Seventieth Legislative Assembly.
	86	+	Page No. 2 25.3080.05000
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