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North Dakota Senate Bill SB2027

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2027 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2027
4-(Legislative Management)
1+25.0338.02002
2+Title.03000
3+Adopted by the State and Local
4+Government Committee
5+Sixty-ninth
6+January 23, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Legislative Management
511 (Agriculture and Natural Resources Committee)
6-AN ACT to create and enact a new section to chapter 11-11, a new subsection to section 11-11-14, a
7-new section to chapter 40-05, a new section to chapter 58-06, a new subsection to section
8-58-06-01, and a new section to chapter 61-16.2 of the North Dakota Century Code, relating to
9-floodplain management powers and ordinances for counties, cities, and townships; and to
10-amend and reenact subsection 2 of section 11-33-03, subsection 67 of section 40-05-01,
11-subsection 2 of section 40-47-03, and sections 58-03-12 and 61-16.2-02 of the North Dakota
12-Century Code, relating to county, city, and township floodplain management ordinances and to
13-provide definitions.
12+A BILL for an Act to create and enact a new section to chapter 11-11, a new subsection to
13+section 11-11-14, a new section to chapter 40-05, a new section to chapter 58-06, a new
14+subsection to section 58-06-01, and a new section to chapter 61-16.2, relating to floodplain
15+management powers and ordinances for counties, cities, and townships; and to amend and
16+reenact subsection 2 of section 11-33-03, subsection 67 of section 40-05-01, subsection 2 of
17+section 40-47-03, and sections 58-03-12 and 61-16.2-02 of the North Dakota Century Code,
18+relating to county, city, and township floodplain management ordinances and to provide
19+definitions.
1420 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15-SECTION 1. A new section to chapter 11-11 of the North Dakota Century Code is created and
16-enacted as follows:
21+SECTION 1. A new section to chapter 11-11 of the North Dakota Century Code is created
22+and enacted as follows:
1723 Floodplain management ordinances - Requirements - Limitations - Definitions -
1824 Enforcement.
1925 1.As used in this chapter:
2026 a."Floodplain management" has the same meaning as in section 61 - 16.2 - 02.
21-b."Floodplain management ordinance" has the same meaning as in section 61 - 16.2 - 02.
27+b."Floodplain management ordinance" has the same meaning as in section
28+61 - 16.2 - 02.
2229 c."Indian country" means all:
23-(1)Land within the limits of any Indian reservation that is under the jurisdiction of the
24-United States government and located within this state, notwithstanding the
25-issuance of any patent, and, including rights of way running through the reservation;
26-(2)Dependent Indian communities within this state whether within the original or
27-subsequently acquired territory of the state; and
30+(1)Land within the limits of any Indian reservation that is under the jurisdiction
31+of the United States government and located within this state,
32+Page No. 1 25.0338.02002
33+ SENATE BILL NO. 2027
34+PROPOSED AMENDMENTS TO
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56+notwithstanding the issuance of any patent, and, including rights of way
57+running through the reservation;
58+(2)Dependent Indian communities within this state whether within the original
59+or subsequently acquired territory of the state; and
2860 (3)Indian allotments within this state, the Indian titles to which have not been
2961 extinguished, including rights of way running through the allotted lands.
30-2.A board of county commissioners may undertake floodplain management as provided in
31-chapter 61 - 16.2. If a board of county commissioners undertakes floodplain management
32-under this section, the board of county commissioners shall enact a floodplain management
33-ordinance applying to all persons and property within the boundaries of the county, except for
34-persons and property within a city's zoning jurisdiction as provided under chapter 40 - 47 or
35-within the exterior boundaries of Indian country.
62+2.A board of county commissioners may undertake floodplain management as provided
63+in chapter 61 - 16.2. If a board of county commissioners undertakes floodplain
64+management under this section, the board of county commissioners shall enact a
65+floodplain management ordinance applying to all persons and property within the
66+boundaries of the county, except for persons and property within a city's zoning
67+jurisdiction as provided under chapter 40 - 47 or within the exterior boundaries of Indian
68+country.
3669 3.Notwithstanding subsection 2, if a board of township supervisors approves by a written
37-resolution that the township desires to undertake floodplain management under chapter
38-61 - 16.2, the board of township supervisors shall avail itself the authority to regulate floodplain
39-management. Upon the adoption of the resolution, the board of township supervisors has
40-exclusive authority to regulate floodplain management under chapter 61 - 16.2. If a board of
41-township supervisors undertakes floodplain management under this section, the board of
42-township supervisors shall enact a floodplain management ordinance applying to all persons
43-and property within the boundaries of the township, except for persons and property within a S. B. NO. 2027 - PAGE 2
44-city's zoning jurisdiction as provided under chapter 40 - 47 or within the exterior boundaries of
45-Indian country. The township clerk shall forward a copy of the written resolution to the county
46-auditor of the county in which the township is located and the department of water resources
47-for inclusion in the central repository established under section 10 of this Act.
48-4.After acquiring floodplain management authority from the county under subsection 3, the
49-township may relinquish its floodplain management authority back to the county upon
50-execution of a written agreement signed by the board of county commissioners and the board
51-of township supervisors. The county may not require the township to convey an additional
52-authority legally afforded to the township in exchange for the written agreement. The
53-relinquishment of authority may not become effective sooner than sixty days after the board of
54-township supervisors delivers a written notice of proposed relinquishment to the appropriate
55-board of county commissioners.
56-5.If a township previously exercised floodplain management authority and becomes subject to
57-county floodplain management authority under this section, the township shall defend,
58-indemnify, and hold harmless the county and its agents, officers, and employees from and
59-against a claim for damages arising from a township's noncompliance with chapter 61 - 16.2
60-and the national flood insurance program [42 U.S.C. 4001 et seq.].
61-6.Upon enactment of a floodplain management ordinance by a county under this section, the
62-county auditor shall forward the ordinance to the department of water resources for inclusion
63-in the central repository established under section 10 of this Act.
64-7.The county auditor of a county exercising floodplain management authority shall certify to the
65-department of water resources by March thirty-first of each year a list of the jurisdictions over
66-which the county is exercising floodplain management authority under chapter 61 - 16.2.
67-8.A county exercising floodplain management authority is not required to activate its zoning
68-authority under chapter 11 - 33 before enacting a floodplain management ordinance.
69-9.In a county exercising floodplain management, the board of county commissioners shall
70-enforce an ordinance or regulation enacted under this section. The board of county
71-commissioners may impose enforcement duties on an officer, department, agency, or
72-employee of the county.
73-SECTION 2. A new subsection to section 11-11-14 of the North Dakota Century Code is created
70+resolution that the township desires to undertake floodplain management under
71+chapter 61 - 16.2, the board of township supervisors shall avail itself the authority to
72+regulate floodplain management. Upon the adoption of the resolution, the board of
73+township supervisors has exclusive authority to regulate floodplain management under
74+chapter 61 - 16.2. If a board of township supervisors undertakes floodplain
75+management under this section, the board of township supervisors shall enact a
76+floodplain management ordinance applying to all persons and property within the
77+boundaries of the township, except for persons and property within a city's zoning
78+jurisdiction as provided under chapter 40 - 47 or within the exterior boundaries of Indian
79+country. The township clerk shall forward a copy of the written resolution to the county
80+auditor of the county in which the township is located and the department of water
81+resources for inclusion in the central repository established under section 10 of this
82+Act.
83+4.After acquiring floodplain management authority from the county under subsection 3,
84+the township may relinquish its floodplain management authority back to the county
85+upon execution of a written agreement signed by the board of county commissioners
86+and the board of township supervisors. The county may not require the township to
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120+convey an additional authority legally afforded to the township in exchange for the
121+written agreement. The relinquishment of authority may not become effective sooner
122+than sixty days after the board of township supervisors delivers a written notice of
123+proposed relinquishment to the appropriate board of county commissioners.
124+5.If a township previously exercised floodplain management authority and becomes
125+subject to county floodplain management authority under this section, the township
126+shall defend, indemnify, and hold harmless the county and its agents, officers, and
127+employees from and against a claim for damages arising from a township's
128+noncompliance with chapter 61 - 16.2 and the national flood insurance program
129+[42 U.S.C. 4001 et seq.].
130+6.Upon enactment of a floodplain management ordinance by a county under this
131+section, the county auditor shall forward the ordinance to the department of water
132+resources for inclusion in the central repository established under section 10 of this
133+Act.
134+7.The county auditor of a county exercising floodplain management authority shall certify
135+to the department of water resources by March thirty-first of each year a list of the
136+jurisdictions over which the county is exercising floodplain management authority
137+under chapter 61 - 16.2.
138+8.A county exercising floodplain management authority is not required to activate its
139+zoning authority under chapter 11 - 33 before enacting a floodplain management
140+ordinance.
141+9.In a county exercising floodplain management, the board of county commissioners
142+shall enforce an ordinance or regulation enacted under this section. The board of
143+county commissioners may impose enforcement duties on an officer, department,
144+agency, or employee of the county.
145+SECTION 2. A new subsection to section 11-11-14 of the North Dakota Century Code is
146+created and enacted as follows:
147+To undertake floodplain management activities in the manner provided under section 1
148+of this Act.
149+SECTION 3. AMENDMENT. Subsection 2 of section 11-33-03 of the North Dakota Century
150+Code is amended and reenacted as follows:
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184+2.To provide for emergency management, including floodplain management as provided
185+under section 1 of this Act . "Emergency management" means a comprehensive
186+integrated system at all levels of government and in the private sector which provides
187+for the development and maintenance of an effective capability to mitigate, prepare for,
188+respond to, and recover from known and unforeseen hazards or situations, caused by
189+an act of nature or man, which may threaten, injure, damage, or destroy lives,
190+property, or our environment.
191+SECTION 4. AMENDMENT. Subsection 67 of section 40-05-01 of the North Dakota
192+Century Code is amended and reenacted as follows:
193+67.Flood control projects, including floodplain management as provided under section 5
194+of this Act . To acquire, construct, maintain, operate, finance, and control flood control
195+projects, both within and adjacent to such municipality, and for such purpose to
196+acquire the necessary real property and easements therefor by purchase and eminent
197+domain, in accordance with chapter 32-15, and to adopt such ordinances as may
198+reasonably be required to regulate the same.
199+SECTION 5. A new section to chapter 40-05 of the North Dakota Century Code is created
74200 and enacted as follows:
75-To undertake floodplain management activities in the manner provided under section 1 of this
76-Act.
77-SECTION 3. AMENDMENT. Subsection 2 of section 11-33-03 of the North Dakota Century Code is
78-amended and reenacted as follows:
79-2.To provide for emergency management, including floodplain management as provided under
80-section 1 of this Act . "Emergency management" means a comprehensive integrated system at
81-all levels of government and in the private sector which provides for the development and
82-maintenance of an effective capability to mitigate, prepare for, respond to, and recover from
83-known and unforeseen hazards or situations, caused by an act of nature or man, which may
84-threaten, injure, damage, or destroy lives, property, or our environment.
85-SECTION 4. AMENDMENT. Subsection 67 of section 40-05-01 of the North Dakota Century Code
86-is amended and reenacted as follows:
87-67.Flood control projects, including floodplain management as provided under section 5 of this
88-Act. To acquire, construct, maintain, operate, finance, and control flood control projects, both
89-within and adjacent to such municipality, and for such purpose to acquire the necessary real S. B. NO. 2027 - PAGE 3
90-property and easements therefor by purchase and eminent domain, in accordance with
91-chapter 32-15, and to adopt such ordinances as may reasonably be required to regulate the
92-same.
93-SECTION 5. A new section to chapter 40-05 of the North Dakota Century Code is created and
94-enacted as follows:
95201 Floodplain management ordinances - Requirements - Limitations - Definitions -
96202 Enforcement.
97203 1.As used in this chapter:
98204 a."Floodplain management" has the same meaning as in section 61 - 16.2 - 02.
99-b."Floodplain management ordinance" has the same meaning as in section 61 - 16.2 - 02.
205+b."Floodplain management ordinance" has the same meaning as in section
206+61 - 16.2 - 02.
100207 c."Indian country" means:
101-(1)Land within the limits of any Indian reservation that is under the jurisdiction of the
102-United States government and located within this state, notwithstanding the
103-issuance of any patent, and, including rights of way running through the reservation;
104-(2)Dependent Indian communities within this state whether within the original or
105-subsequently acquired territory of the state; and
208+(1)Land within the limits of any Indian reservation that is under the jurisdiction
209+of the United States government and located within this state,
210+notwithstanding the issuance of any patent, and, including rights of way
211+running through the reservation;
212+(2)Dependent Indian communities within this state whether within the original
213+or subsequently acquired territory of the state; and
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106246 (3)Indian allotments within this state, the Indian titles to which have not been
107247 extinguished, including rights of way running through the allotted land.
108-2.The governing body of a city may exercise floodplain management authority under chapter
109-61 - 16.2. If a governing body of a city undertakes floodplain management, the governing body
110-of a city shall enact a floodplain management ordinance over all persons and property within
111-the boundaries of the city's zoning jurisdiction as provided under chapter 40 - 47 or within the
112-exterior boundaries of Indian country.
113-3.Upon enactment of a floodplain management ordinance by a city under this section, the city
114-auditor shall forward the ordinance to the department of water resources for inclusion in the
115-central repository established under section 10 of this Act.
248+2.The governing body of a city may exercise floodplain management authority under
249+chapter 61 - 16.2. If a governing body of a city undertakes floodplain management, the
250+governing body of a city shall enact a floodplain management ordinance over all
251+persons and property within the boundaries of the city's zoning jurisdiction as provided
252+under chapter 40 - 47 or within the exterior boundaries of Indian country.
253+3.Upon enactment of a floodplain management ordinance by a city under this section,
254+the city auditor shall forward the ordinance to the department of water resources for
255+inclusion in the central repository established under section 10 of this Act.
116256 4.The city auditor of a city exercising floodplain management authority shall certify to the
117-department of water resources by March thirty-first of each year that the city is undertaking
118-floodplain management activities under chapter 61 - 16.2.
257+department of water resources by March thirty-first of each year that the city is
258+undertaking floodplain management activities under chapter 61 - 16.2.
119259 5.A city exercising floodplain management authority is not required to activate its zoning
120260 authority under chapter 40 - 47 before enacting a floodplain management ordinance.
121-6.In a city exercising floodplain management, the governing body of the city shall enforce an
122-ordinance or regulation enacted under this section. The governing body of the city may
123-impose enforcement duties on an officer, department, agency, or employee of the city.
124-SECTION 6. AMENDMENT. Subsection 2 of section 40-47-03 of the North Dakota Century Code is
261+6.In a city exercising floodplain management, the governing body of the city shall
262+enforce an ordinance or regulation enacted under this section. The governing body of
263+the city may impose enforcement duties on an officer, department, agency, or
264+employee of the city.
265+SECTION 6. AMENDMENT. Subsection 2 of section 40-47-03 of the North Dakota Century
266+Code is amended and reenacted as follows:
267+2.Provide for emergency management, including floodplain management as provided
268+under section 5 of this Act . "Emergency management" means a comprehensive
269+integrated system at all levels of government and in the private sector which provides
270+for the development and maintenance of an effective capability to mitigate, prepare for,
271+respond to, and recover from known and unforeseen hazards or situations, caused by
272+an act of nature or man, which may threaten, injure, damage, or destroy lives,
273+property, or our environment;
274+SECTION 7. AMENDMENT. Section 58-03-12 of the North Dakota Century Code is
125275 amended and reenacted as follows:
126-2.Provide for emergency management, including floodplain management as provided under
127-section 5 of this Act . "Emergency management" means a comprehensive integrated system at
128-all levels of government and in the private sector which provides for the development and
129-maintenance of an effective capability to mitigate, prepare for, respond to, and recover from
130-known and unforeseen hazards or situations, caused by an act of nature or man, which may
131-threaten, injure, damage, or destroy lives, property, or our environment; S. B. NO. 2027 - PAGE 4
132-SECTION 7. AMENDMENT. Section 58-03-12 of the North Dakota Century Code is amended and
133-reenacted as follows:
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134308 58-03-12. Basis for township zoning regulations and restrictions.
135-1.The regulations and restrictions established in any township zoning district must be made in
136-accordance with a comprehensive plan with reasonable consideration as to the character of
137-such district, its peculiar suitability for particular uses, the normal growth of the municipality,
138-and the various types of occupations, industries, and land uses within the area, and must be
139-designed to facilitate traffic movement, encourage orderly growth and development of the
140-municipality and adjacent areas, promote health, safety, and general welfare, and provide for
141-emergency management, including and subject to floodplain management as provided under
142-section 8 of this Act .
309+1.The regulations and restrictions established in any township zoning district must be
310+made in accordance with a comprehensive plan with reasonable consideration as to
311+the character of such district, its peculiar suitability for particular uses, the normal
312+growth of the municipality, and the various types of occupations, industries, and land
313+uses within the area, and must be designed to facilitate traffic movement, encourage
314+orderly growth and development of the municipality and adjacent areas, promote
315+health, safety, and general welfare, and provide for emergency management, including
316+and subject to floodplain management as provided under section 8 of this Act .
143317 2."Emergency management" means a comprehensive integrated system at all levels of
144-government and in the private sector which provides for the development and maintenance of
145-an effective capability to mitigate, prepare for, respond to, and recover from known and
146-unforeseen hazards or situations, caused by an act of nature or man, which may threaten,
147-injure, damage, or destroy lives, property, or our environment. The comprehensive plan must
148-be a statement in documented text setting forth explicit goals, objectives, policies, and
149-standards of the jurisdiction to guide public and private development within its control.
150-SECTION 8. A new section to chapter 58-06 of the North Dakota Century Code is created and
151-enacted as follows:
318+government and in the private sector which provides for the development and
319+maintenance of an effective capability to mitigate, prepare for, respond to, and recover
320+from known and unforeseen hazards or situations, caused by an act of nature or man,
321+which may threaten, injure, damage, or destroy lives, property, or our environment.
322+The comprehensive plan must be a statement in documented text setting forth explicit
323+goals, objectives, policies, and standards of the jurisdiction to guide public and private
324+development within its control.
325+SECTION 8. A new section to chapter 58-06 of the North Dakota Century Code is created
326+and enacted as follows:
152327 Floodplain management ordinances - Requirements - Limitations - Definitions -
153328 Enforcement.
154329 1.As used in this chapter:
155330 a."Floodplain management" has the same meaning as in section 61 - 16.2 - 02.
156-b."Floodplain management ordinance" has the same meaning as in section 61 - 16.2 - 02.
331+b."Floodplain management ordinance" has the same meaning as in section
332+61 - 16.2 - 02.
157333 c."Indian country" means:
158-(1)Land within the limits of any Indian reservation that is under the jurisdiction of the
159-United States government and located within this state, notwithstanding the
160-issuance of any patent, and, including rights of way running through the reservation;
161-(2)Dependent Indian communities within this state whether within the original or
162-subsequently acquired territory of the state; and
334+(1)Land within the limits of any Indian reservation that is under the jurisdiction
335+of the United States government and located within this state,
336+notwithstanding the issuance of any patent, and, including rights of way
337+running through the reservation;
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370+(2)Dependent Indian communities within this state whether within the original
371+or subsequently acquired territory of the state; and
163372 (3)Indian allotments within this state, the Indian titles to which have not been
164373 extinguished, including rights of way running through the allotted land.
165-2.A board of township supervisors by written resolution may exercise floodplain management
166-under chapter 61 - 16.2. Upon the adoption of the resolution, the board of township supervisors
167-has exclusive authority to regulate floodplain management and shall enact a floodplain
168-management ordinance applying to all persons and property within the boundaries of the
169-township, except for persons and property within a city's zoning jurisdiction as provided under
170-chapter 40 - 47 or within the exterior boundaries of Indian country. The township clerk shall
171-forward a copy of the written resolution to the county auditor of the county where the township
172-is located and the department of water resources for inclusion in the central repository
173-established under section 10 of this Act.
174-3.A township not exercising its floodplain management authority under this section is subject to
175-the floodplain management authority of the county under section 1 of this Act. S. B. NO. 2027 - PAGE 5
176-4.After acquiring floodplain management authority from the county under subsection 2, the
177-township may relinquish its floodplain management authority back to the county upon
178-execution of a written agreement signed by the board of county commissioners and the board
179-of township supervisors. The county may not require the township to convey an additional
180-authority legally afforded to the township in exchange for the written agreement. The
181-relinquishment of authority may not become effective sooner than sixty days after the board of
182-township supervisors delivers a written notice of proposed relinquishment to the appropriate
183-board of county commissioners.
184-5.If a township previously exercised floodplain management authority and becomes subject to
185-county floodplain management authority under this section, the township shall defend,
186-indemnify, and hold harmless the county and its agents, officers, and employees from and
187-against a claim for damages arising from a township's noncompliance with chapter 61 - 16.2
188-and the national flood insurance program [42 U.S.C. 4001 et seq.].
189-6.Upon enactment of a floodplain management ordinance by a township under this section, the
190-township clerk shall forward the ordinance to the department of water resources for inclusion
191-in the central repository established under section 10 of this Act.
192-7.The township clerk of a township exercising floodplain management authority shall certify to
193-the department of water resources by April thirtieth of each year the names of the township
194-supervisors and officers and that the township is undertaking floodplain management activities
195-under chapter 61 - 16.2.
196-8.A township exercising floodplain management authority is not required to activate its zoning
197-authority under chapter 58 - 03 before enacting a floodplain management ordinance.
198-9.In a township exercising floodplain management, the board of township supervisors shall
199-enforce an ordinance or regulation enacted under this section. The board of township
200-supervisors may impose enforcement duties on an officer, department, agency, or employee
201-of the township.
202-SECTION 9. A new subsection to section 58-06-01 of the North Dakota Century Code is created
203-and enacted as follows:
204-If the township activates its floodplain management authority under section 8 of this Act, to
205-exercise floodplain management authority by enacting a floodplain management ordinance.
206-SECTION 10. A new section to chapter 61-16.2 of the North Dakota Century Code is created and
207-enacted as follows:
374+2.A board of township supervisors by written resolution may exercise floodplain
375+management under chapter 61 - 16.2. Upon the adoption of the resolution, the board of
376+township supervisors has exclusive authority to regulate floodplain management and
377+shall enact a floodplain management ordinance applying to all persons and property
378+within the boundaries of the township, except for persons and property within a city's
379+zoning jurisdiction as provided under chapter 40 - 47 or within the exterior boundaries of
380+Indian country. The township clerk shall forward a copy of the written resolution to the
381+county auditor of the county where the township is located and the department of
382+water resources for inclusion in the central repository established under section 10 of
383+this Act.
384+3.A township not exercising its floodplain management authority under this section is
385+subject to the floodplain management authority of the county under section 1 of this
386+Act.
387+4.After acquiring floodplain management authority from the county under subsection 2,
388+the township may relinquish its floodplain management authority back to the county
389+upon execution of a written agreement signed by the board of county commissioners
390+and the board of township supervisors. The county may not require the township to
391+convey an additional authority legally afforded to the township in exchange for the
392+written agreement. The relinquishment of authority may not become effective sooner
393+than sixty days after the board of township supervisors delivers a written notice of
394+proposed relinquishment to the appropriate board of county commissioners.
395+5.If a township previously exercised floodplain management authority and becomes
396+subject to county floodplain management authority under this section, the township
397+shall defend, indemnify, and hold harmless the county and its agents, officers, and
398+employees from and against a claim for damages arising from a township's
399+noncompliance with chapter 61 - 16.2 and the national flood insurance program
400+[42 U.S.C. 4001 et seq.].
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432+31 Sixty-ninth
433+Legislative Assembly
434+6.Upon enactment of a floodplain management ordinance by a township under this
435+section, the township clerk shall forward the ordinance to the department of water
436+resources for inclusion in the central repository established under section 10 of this
437+Act.
438+7.The township clerk of a township exercising floodplain management authority shall
439+certify to the department of water resources by March thirty-first April thirtieth of each
440+year the names of the township supervisors and officers and that the township is
441+undertaking floodplain management activities under chapter 61 - 16.2.
442+8.A township exercising floodplain management authority is not required to activate its
443+zoning authority under chapter 58 - 03 before enacting a floodplain management
444+ordinance.
445+9.In a township exercising floodplain management, the board of township supervisors
446+shall enforce an ordinance or regulation enacted under this section. The board of
447+township supervisors may impose enforcement duties on an officer, department,
448+agency, or employee of the township.
449+SECTION 9. A new subsection to section 58-06-01 of the North Dakota Century Code is
450+created and enacted as follows:
451+If the township activates its floodplain management authority under section 8 of this
452+Act, to exercise floodplain management authority by enacting a floodplain
453+management ordinance.
454+SECTION 10. A new section to chapter 61-16.2 of the North Dakota Century Code is
455+created and enacted as follows:
208456 Central repository - Floodplain management authority - Accessible to the public.
209-The department shall establish, operate, and maintain a publicly accessible electronic central
210-repository for local floodplain management ordinances, local floodplain management agreements, and
211-all annual certifications received by the department. The repository must reflect which cities, townships,
212-and counties have reported undertaking floodplain management within the state. The department shall
213-update the central repository by May thirty - first of each year.
214-SECTION 11. AMENDMENT. Section 61-16.2-02 of the North Dakota Century Code is amended
215-and reenacted as follows:
457+The department shall establish, operate, and maintain a publicly accessible electronic
458+central repository for local floodplain management ordinances, local floodplain management
459+agreements, and all annual certifications received by the department. The repository must
460+reflect which cities, townships, and counties have reported undertaking floodplain management
461+within the state. The department shall update the central repository by May thirty - first of each
462+year.
463+SECTION 11. AMENDMENT. Section 61-16.2-02 of the North Dakota Century Code is
464+amended and reenacted as follows:
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216498 61-16.2-02. Definitions.
217499 1.In this chapter, unless the context or subject matter otherwise provides:
218500 a."Commission" means state water commission.
219-b."Community" means any political subdivision that has the authority to zone. S. B. NO. 2027 - PAGE 6
220-c."Conveyance" or "hydraulic conveyance" means a geometric characteristic of a river or
221-watercourse at a given point that determines the flow-carrying capacity at that point.
501+b."Community" means any political subdivision that has the authority to zone.
502+c."Conveyance" or "hydraulic conveyance" means a geometric characteristic of a
503+river or watercourse at a given point that determines the flow-carrying capacity at
504+that point.
222505 d."Department" means the department of water resources.
223506 e."District" means a water resource district, as defined in chapter 61-16.1.
224507 f."Flood fringe" means that portion of a floodplain outside of the floodway.
225-g."Floodplain management" means a community - based effort to prevent or reduce the risk
226-of flooding. Floodplain management may be associated generally with the national flood
227-insurance program [42 U.S.C. 4001 et seq.].
228-h."Floodplain management ordinance" means a building code, zoning, subdivision, health,
229-or special purpose ordinance, and any other use of police power, which provide
230-standards for communities to manage known flood hazards in all official actions relating
231-to land management and use. A floodplain management ordinance may be associated
232-with the national flood insurance program [42 U.S.C. 4001 et seq.] to ensure participating
233-communities meet state and federal minimum standards.
234-i."Floodway" or "regulatory floodway" means the channel of a river or other watercourse
235-and the adjacent land areas that must be reserved in order to discharge the base flood
236-without cumulatively increasing the water surface elevation more than one foot
237-[30.48 centimeters].
238-h.j."Person" means any person, firm, partnership, association, corporation, limited liability
239-company, agency, or any other private or governmental organization, which includes any
240-agency of the United States, a state agency, or any political subdivision of the state.
241-2.For the purposes of this chapter, the department shall follow the definitions in this section and
242-the definitions under the national flood insurance program [42 U.S.C. 4001 et seq.] and
243-implementing regulations. S. B. NO. 2027 - PAGE 7
244-____________________________ ____________________________
245-President of the Senate Speaker of the House
246-____________________________ ____________________________
247-Secretary of the Senate Chief Clerk of the House
248-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
249-Dakota and is known on the records of that body as Senate Bill No. 2027.
250-Senate Vote:Yeas 47 Nays 0 Absent 0
251-House Vote: Yeas 83 Nays 9 Absent 2
252-____________________________
253-Secretary of the Senate
254-Received by the Governor at ________M. on _____________________________________, 2025.
255-Approved at ________M. on __________________________________________________, 2025.
256-____________________________
257-Governor
258-Filed in this office this ___________day of _______________________________________, 2025,
259-at ________ o’clock ________M.
260-____________________________
261-Secretary of State
508+g."Floodplain management" means a community - based effort to prevent or reduce
509+the risk of flooding. Floodplain management may be associated generally with
510+the national flood insurance program [42 U.S.C. 4001 et seq.].
511+h."Floodplain management ordinance" means a building code, zoning, subdivision,
512+health, or special purpose ordinance, and any other use of police power, which
513+provide standards for communities to manage known flood hazards in all official
514+actions relating to land management and use. A floodplain management
515+ordinance may be associated with the national flood insurance program
516+[42 U.S.C. 4001 et seq.] to ensure participating communities meet state and
517+federal minimum standards.
518+i."Floodway" or "regulatory floodway" means the channel of a river or other
519+watercourse and the adjacent land areas that must be reserved in order to
520+discharge the base flood without cumulatively increasing the water surface
521+elevation more than one foot [30.48 centimeters].
522+h.j."Person" means any person, firm, partnership, association, corporation, limited
523+liability company, agency, or any other private or governmental organization,
524+which includes any agency of the United States, a state agency, or any political
525+subdivision of the state.
526+2.For the purposes of this chapter, the department shall follow the definitions in this
527+section and the definitions under the national flood insurance program [42 U.S.C. 4001
528+et seq.] and implementing regulations.
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