North DakotaSB 22672025 Regular SessionSenateWALLET

AN ACT to create and enact a new chapter to title 23.1 of the North Dakota Century Code, relating to onsite wastewater treatment systems; to amend and reenact sections 23-35-02 and 23-35-08 of the North Dakota Century Code, relating to the powers and duties of the boards of health and public health units; to repeal sections 23-35-02.2 and 23-35-02.3 of the North Dakota Century Code, relating to the onsite wastewater recycling technical committee; to provide for a legislative management report; to provide a penalty; and to provide an appropriation.

Sponsored By: Janne Myrdal (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Septic violations carry substantial civil penalties

Violating the septic law, related rules, standards, orders, or permit conditions carries a civil penalty of up to $12,500 per violation. Specified willful false statements or certifications carry penalties of up to $5,000 per violation. Falsifying or tampering with monitoring devices or samples, or willfully making them inaccurate, also carries that $5,000 maximum. These are maximum amounts, not automatic fines.

Septic installers need licenses, owners exempt

Business septic installers need state licenses; people installing systems on their own premises for their own use are exempt. The state sets license expiration and renewal rules and may charge reasonable fees based on application, licensing, and oversight costs. Fee revenue goes to the department's operating fund and requires legislative approval to spend; no fee amount is set. Fraud, lack of reasonable care or skill, and environmental violations can lead to license suspension or revocation only after a hearing. A new application is considered only after the causes are corrected and satisfactory evidence is submitted.

Faster septic inspections and permit appeals

Local public health units handle septic permits and must complete requested required inspections within one business day, in person or virtually. They may work with counties or cities through agreements that a party can end with at least one year's written notice. Local installation permit denials, changes, or revocations can be appealed to the state environmental department. The appeal must be filed within 10 days after notice. The department checks legal compliance and sends findings and recommendations to the local government, licensed installer, and property owner.

Septic permit rules allow possible exceptions

The state environmental department must set septic permit rules, and installations and inspections must follow applicable state rules. It may create an exception process for existing systems that do not meet rules or do not work. Any such process must weigh health, environmental effects, compliance costs, and the least restrictive options. Local public health units may set fees by rule consistent with state law. Tribal septic fees cannot exceed the highest fee charged by a bordering public health unit.

State takes charge of septic oversight

North Dakota's Department of Environmental Quality sets statewide septic licensing, permit, and inspection rules, subject to other law. It must help local governments; conflicting local ordinances are void, and health boards cannot set installer licensing rules. The law also repeals two prior septic advisory committee provisions. It provides one-time funding of up to $99,500 for regulation from July 1, 2025, through June 30, 2027. The department must report to Legislative Management by August 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Janne Myrdal

    Republican • Senate

Cosponsors

  • Karen A. Anderson

    Republican • House

  • Ben Koppelman

    Republican • House

  • Jerry Klein

    Republican • Senate

  • Jeffery J. Magrum

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 164 • No: 21

Senate vote • 4/18/2025

Second reading, passed, yeas 41 nays 5

Yes: 41 • No: 5

House vote • 4/16/2025

Second reading, passed as amended, yeas 82 nays 10

Yes: 82 • No: 10

Senate vote • 2/24/2025

Second reading, passed, yeas 41 nays 6

Yes: 41 • No: 6

Actions Timeline

  1. Filed with Secretary Of State 04/23

    4/24/2025House
  2. Signed by Governor 04/22

    4/23/2025Senate
  3. Sent to Governor

    4/21/2025Senate
  4. Signed by President

    4/21/2025Senate
  5. Signed by Speaker

    4/21/2025House
  6. Second reading, passed, yeas 41 nays 5

    4/18/2025Senate
  7. Concurred

    4/18/2025Senate
  8. Returned to Senate (12)

    4/16/2025Senate
  9. Second reading, passed as amended, yeas 82 nays 10

    4/16/2025House
  10. Amendment adopted, placed on calendar

    4/16/2025House
  11. Reported back amended, do pass, amendment placed on calendar 9 1 3

    4/15/2025House
  12. Committee Hearing 09:00

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

    3/7/2025House
  14. Received from Senate

    2/25/2025House
  15. Second reading, passed, yeas 41 nays 6

    2/24/2025Senate
  16. Amendment adopted, placed on calendar

    2/24/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 6 0 0

    2/21/2025Senate
  18. Committee Hearing 11:00

    1/30/2025Senate
  19. Introduced, first reading, referred Agriculture and Veterans Affairs Committee

    1/20/2025Senate

Bill Text

  • Adopted by the Senate Agriculture and Veterans Affairs Committee

  • Adopted by the Senate Energy and Natural Resources Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

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