North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2325

Introduced
1/20/25  
Refer
1/20/25  
Refer
1/29/25  
Report Pass
2/14/25  
Engrossed
2/18/25  
Refer
2/21/25  
Refer
3/7/25  

Caption

Nonfederal easements granted on wetland areas.

Impact

The introduction of SB2325 has significant implications for state laws concerning land use and water management. By requiring a formal determination of the ordinary high water mark, the bill seeks to protect wetland areas from potential overuse or misuse through nonfederal easements. This could lead to better conservation practices and increased accountability among property owners who violate the guidelines. Moreover, the requirement to record easements along with their determinations provides transparency and helps maintain public records regarding land use.

Summary

Senate Bill 2325 aims to regulate the granting of nonfederal easements on wetland areas in North Dakota. The bill establishes specific guidelines for property owners intending to grant such easements, emphasizing the need for a determination of the ordinary high water mark by the Department of Water Resources or an appropriate federal agency. This process ensures that property owners understand the water levels that may affect their easements and enhances awareness of potential environmental impacts on wetlands.

Contention

Some points of contention surrounding SB2325 may arise from landowners who perceive the new requirements as burdensome. Property owners might argue that the requirement for formal determinations could create delays or additional costs in complex property transactions. Also, opposition could arise from concerns about governmental overreach and restrictions on property rights, as some stakeholders may feel that increased regulation limits their ability to utilize their land as they see fit. Balancing environmental protections against property rights will likely be a central theme in discussions about this bill.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2036

Water resource districts, water resource boards, assessment procedures and requirements, and drains.

ND SB2364

The Garrison Diversion Conservancy District and permanent easements.

ND HB1038

Technical corrections and improper, inaccurate, redundant, missing, or obsolete references; and to provide a penalty.

ND HB1082

The adoption of the Uniform Commercial Code amendments (2022).

ND HB1091

Family foster care for children licenses, certifications, and approvals, and identified and kinship relatives; and to provide for a report to legislative management.

ND SB2196

The oversight of the western area water supply authority and infrastructure revolving loan fund payments; and to provide an appropriation.

ND HB1165

The health division, a biennial report, and reporting sexually transmitted diseases.

ND SB2037

Legislative intent; to provide a penalty; and to provide an expiration date.

ND HB1018

The legacy investment for technology program, the North Dakota development fund, the workforce enhancement council, the administration of uncrewed aircraft system programs, workforce development grants to tribally controlled community colleges, and a North Dakota development fund grant program; to provide a transfer; to provide an exemption; to provide for a report; and to declare an emergency.

ND HB1074

Informational hearings for water permit applications.

Similar Bills

VA HB1721

Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

CA SB948

California Environmental Quality Act community plans.

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.

AR HB1408

To Create The Uniform Easement Relocation Act.

OK HB1060

Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

UT HB0132

Uniform Easement Relocation Act

GA HR1085

Property; granting of nonexclusive easements; authorize

GA HR1113

Property; granting of nonexclusive easements; authorize