North Dakota Senate Bill SB2118

North Dakota 2025-2026 Regular Session

• Introduced: 1/7/25
• Refer: 1/7/25
• Report DNP: 1/16/25

Caption

The appeals of stream crossing calculations.

Impact

The legislation will impact state laws by formalizing the procedure for landowners to request reviews of stream crossings, thereby enhancing their ability to engage in local water management issues. With the proper protocols for appeals and reviews outlined, the bill incentivizes compliance with state hydraulic standards during the construction and maintenance of highways, thus potentially improving water flow management in agricultural areas. This is particularly crucial for minimizing waterlogging effects that can arise from poorly designed drainage systems.

Summary

Senate Bill 2118 amends section 24-03-08 of the North Dakota Century Code, focusing specifically on the appeals of stream crossing calculations. The bill allows for the Department of Water Resources to review the design of a stream crossing discharge upon petition from a majority of affected landowners or by local governing bodies, such as boards of county commissioners or township supervisors. This review is particularly relevant when highways are constructed or reconstructed over watercourses where surface waters flow from farmland. The bill aims to establish a clearer process for determining needed discharges and corresponding infrastructure requirements.

Contention

One notable point from discussions surrounding SB2118 relates to the delineation of responsibilities and liabilities among state departments and local authorities. The bill specifies that the Department of Water Resources, county, and township bodies will not be held liable for damages incurred if the highway crossing aligns with departmental standards. This provision has raised questions about accountability in instances where improper assessments lead to infrastructure failures, thus illustrating the balance of interests between regulatory compliance and community protection.