North DakotaSB 20272025 Regular SessionSenateWALLET

AN ACT to create and enact a new section to chapter 11-11, a new subsection to section 11-11-14, a new section to chapter 40-05, a new section to chapter 58-06, a new subsection to section 58-06-01, and a new section to chapter 61-16.2 of the North Dakota Century Code, relating to floodplain management powers and ordinances for counties, cities, and townships; and to amend and reenact subsection 2 of section 11-33-03, subsection 67 of section 40-05-01, subsection 2 of section 40-47-03, and sections 58-03-12 and 61-16.2-02 of the North Dakota Century Code, relating to county, city, and township floodplain management ordinances and to provide definitions.

Sponsored By: Legislative Management

Became Law

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

County as default floodplain authority

Counties have clear power to run floodplain management programs. If a township does not take floodplain authority, county floodplain rules apply there by default. This keeps local flood protections and insurance program compliance in place.

Emergency planning now includes floodplain

County emergency management now includes floodplain management. City emergency management also covers floodplain duties. Township zoning rules must include emergency management and floodplain management.

Public floodplain repository and reports

The Department of Water Resources runs a public online repository of local floodplain ordinances, agreements, and certifications. The department updates it by May 31 each year. Cities must send enacted ordinances and certify each year by March 31 that they manage floodplains. Townships must send their adopting resolution and any ordinances, and certify each year by March 31 or April 30 with the names of supervisors and officers.

Uniform floodplain definitions and insurance alignment

The law uses the same meanings for “floodplain management” and “floodplain management ordinance” across counties and townships. It also defines “Indian country” using the standard three-part test. The Department of Water Resources must keep state terms aligned with the National Flood Insurance Program.

City floodplain rules and projects

A city may choose to manage floodplains. If it does, the city must pass a floodplain ordinance that applies in the city’s zoning area or within the exterior boundaries of Indian country. A city does not need to turn on broader zoning powers first. The city must enforce its floodplain rules and can assign an officer or department to do so. Cities can plan, build, run, finance, and regulate flood control and floodplain projects.

Township control of floodplain rules

A township board may take floodplain authority by written resolution. Once it does, the township has exclusive control inside the township, except inside a city’s zoning area or in Indian country. A township does not need to activate broader zoning to pass a floodplain ordinance. The board must enforce the rules and may assign an officer, department, or employee to do the work. A township can give authority back to the county by a written agreement signed by both boards, but not sooner than 60 days after written notice to the county. If a township later comes under county authority, it must defend and indemnify the county for claims tied to the township’s past noncompliance with state law and the national flood insurance program.

Sponsors & Cosponsors

Sponsor

  • Legislative Management

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 130 • No: 9

House vote 3/24/2025

Second reading, passed, yeas 83 nays 9

Yes: 83 • No: 9

Senate vote 1/28/2025

Second reading, passed, yeas 47 nays 0

Yes: 47 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/31

    4/1/2025House
  2. Signed by Governor 03/28

    3/31/2025Senate
  3. Sent to Governor

    3/27/2025Senate
  4. Signed by President

    3/27/2025Senate
  5. Signed by Speaker

    3/27/2025House
  6. Returned to Senate

    3/25/2025Senate
  7. Second reading, passed, yeas 83 nays 9

    3/24/2025House
  8. Reported back, do pass, placed on consent calendar 13 0 0

    3/21/2025House
  9. Committee Hearing 09:00

    3/13/2025House
  10. Introduced, first reading, referred Energy and Natural Resources Committee

    2/18/2025House
  11. Received from Senate

    1/29/2025House
  12. Second reading, passed, yeas 47 nays 0

    1/28/2025Senate
  13. Amendment adopted, placed on calendar

    1/27/2025Senate
  14. Reported back amended, do pass, amendment placed on calendar 6 0 0

    1/24/2025Senate
  15. Committee Hearing 08:45

    1/10/2025Senate
  16. Introduced, first reading, referred State and Local Government Committee

    1/7/2025Senate

Bill Text

  • Adopted by the Senate State and Local Government Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

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