All Roll Calls
Yes: 108 • No: 30
North DakotaSB 21742025 Regular SessionSenateWALLET
AN ACT to amend and reenact sections 11-33-02.1 and 58-03-11.1 of the North Dakota Century Code, relating to the regulation of odors in an animal feeding operation and zoning authority over animal feeding operations in counties and townships; and to provide an effective date.
Sponsored By: Paul J. Thomas (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 5 benefits, 0 costs, 4 mixed.
60-day zoning answer, 3-year build clock
You can ask a county or township for a written zoning decision for an animal feeding operation. If it does not validly object within 60 days, your project is deemed in compliance. To keep that protection, you must promptly apply to the state DEQ, get a final permit, finish any permit appeals, and start construction within three years of the final permit. These timing rules stay in effect during appeals.
Grandfather protection for existing animal operations
If your animal feeding operation existed before a new county or township rule, and that rule would cause big economic harm, the rule does not apply to you. Local boards must declare that new rule ineffective for your preexisting operation.
Local boards can't block farms or AFOs
The law stops counties and townships from banning farming or ranching, or the normal things that go with it. They cannot block new animal feeding operations. They also cannot forbid reasonable growth or diversification of an existing farm or ranch.
Strict limits on local rules, $500 fee cap
Counties and townships can only regulate AFOs as this law allows. They cannot add water quality, closure, site security, lagoon, or nutrient plan requirements. All local fees tied to an AFO permit or petition are capped at $500 total. No local permit is required for improvements that keep you in compliance or do not push animal numbers beyond setback limits.
State setbacks and odor limits for AFOs
If a county or township does not regulate AFO siting, the state sets minimum setbacks by size and species. Examples: under 300 animal units—no minimum; 300–1,000—0.25 miles; 1,001–3,500—hogs 0.75 miles, others 0.5 miles; 2,001–5,000—hogs 1.0 mile, others 0.75 miles; 3,501–7,500—hogs 1.5 miles, others 0.75 miles; 7,501–10,000—1.0 mile; 10,001–17,500—1.25 miles; 17,501–25,000—1.5 miles; 25,001+—1.75 miles. Counties and townships cannot exceed the state setback limits. They may adjust setbacks using the state odor footprint tool, but the annoyance‑free percent cannot be above 94%.
Clear definition of animal feeding operation
The law defines an animal feeding operation. Animals are confined and fed for at least 45 days in 12 months, and crops are not sustained on part of the lot. Aquatic animals are excluded. These definitions guide which sites must follow AFO zoning rules.
High- and low-density farm zones
Counties and townships can create high‑density farm zones with smaller setbacks. They can also create low‑density zones with larger setbacks around homes, recreation, or non‑ag commercial areas. County low‑density zones may extend up to 1.5 miles; township low‑density zones may extend up to 0.5 miles.
Rules can vary by size and species
Counties and townships may set different location standards based on farm size and the animals raised. This can ease siting for some operations and tighten it for others, depending on category and species.
Winner gets attorney fees in AFO suits
In lawsuits over county or township AFO rules, courts must award the winning side their actual attorney’s fees, costs, and expenses. This shifts legal cost risk to the losing party.
Sponsors & Cosponsors
Sponsor
Paul J. Thomas
Republican • Senate
Cosponsors
Mike Beltz
Republican • House
Dori Hauck
Republican • House
Cole Conley
Republican • Senate
Randy D. Lemm
Republican • Senate
Kent Weston
Republican • Senate
Roll Call Votes
House vote • 3/25/2025
Second reading, passed, yeas 66 nays 25
Yes: 66 • No: 25
Senate vote • 2/19/2025
Second reading, passed, yeas 42 nays 5
Yes: 42 • No: 5
Actions Timeline
Filed with Secretary Of State 04/03
4/4/2025HouseSigned by Governor 04/02
4/3/2025SenateSent to Governor
3/31/2025SenateSigned by President
3/31/2025SenateSigned by Speaker
3/31/2025HouseReturned to Senate
3/26/2025SenateSecond reading, passed, yeas 66 nays 25
3/25/2025HouseReported back, do pass, place on calendar 9 5 0
3/20/2025HouseCommittee Hearing 10:15
3/7/2025HouseIntroduced, first reading, referred Agriculture Committee
2/21/2025HouseReceived from Senate
2/20/2025HouseSecond reading, passed, yeas 42 nays 5
2/19/2025SenateAmendment adopted, placed on calendar
2/17/2025SenateReported back amended, do pass, amendment placed on calendar 5 1 0
2/14/2025SenateRereferred to Agriculture and Veterans Affairs
2/3/2025SenateReported back, do not pass, placed on calendar 6 0 0
1/30/2025SenateCommittee Hearing 10:30
1/23/2025SenateIntroduced, first reading, referred Agriculture and Veterans Affairs Committee
1/13/2025Senate
Bill Text
Enrollment
FIRST ENGROSSMENT
INTRODUCED
Prepared by the Legislative Council staff for Senator Luick
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