North Dakota Senate Bill SB2325

North Dakota 2025-2026 Regular Session

• 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
• Report DNP: 4/10/25

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.