Title 11 — Counties
52 chapters · 646 sections in this title.
N.D.C.C. § 11-33-01 County power to regulate property
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For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and stru…
N.D.C.C. § 11-33-02 Board of county commissioners to designate districts - Uniformity
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For any or all of the purposes designated in section 11-33-01, the board of county commissioners may divide by resolution all or any parts of the county, subject to section 11-33-02.1 into districts of such number, shape, and area as may be determined necessary, and likewise may …
N.D.C.C. § 11-33-03 Object of regulations
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These regulations shall be made in accordance with a comprehensive plan and designed for any or all of the following purposes: 1. To protect and guide the development of nonurban areas. 2. To provide for emergency management, including floodplain management as provided under sect…
N.D.C.C. § 11-33-04 County planning commissions authorized - Membership
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The board of county commissioners of any county desiring to avail itself of the powers conferred by this chapter shall establish, by resolution, a county planning commission to recommend the boundaries of the various county zoning districts and appropriate regulations and restric…
N.D.C.C. § 11-33-05 Meetings - Officers
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The commission shall meet within thirty days after its appointment and elect a chairman and other necessary officers from its membership. The commission may adopt rules and bylaws not inconsistent with the provisions of this chapter. A majority of the members of the commission co…
N.D.C.C. § 11-33-06 Investigations
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The county planning commission in conjunction with the township boards of the affected areas shall investigate and determine the necessity of establishing districts and prescribing regulations therefor, as herein provided; and, for that purpose, shall consult with residents of af…
N.D.C.C. § 11-33-07 County planning commission to prepare plan
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After investigation, as herein provided, the county planning commission shall prepare a proposed resolution to be submitted to the board of county commissioners establishing districts and prescribing regulations therefor, as herein provided, which shall be filed in the office of …
N.D.C.C. § 11-33-08 Hearings
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After the filing of the proposed resolution, the county planning commission shall hold a public hearing thereon, at which the proposed resolution shall be submitted for discussion, and parties in interest and citizens shall have an opportunity to be heard. Notice of the time, pla…
N.D.C.C. § 11-33-09 Publication of resolutions - Effective date
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Following the public hearing, the board of county commissioners may adopt the proposed resolutions or any amendments thereto, with such changes as it may deem advisable. Upon adoption of any resolution or any amendment thereto, the county auditor shall file a certified copy there…
N.D.C.C. § 11-33-10 Separate hearings
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Any person aggrieved by any provision of a resolution adopted hereunder, or any amendment thereto may, within thirty days after the first publication of such resolution or amendment, petition for a separate hearing thereon before the board of county commissioners. The petition sh…
N.D.C.C. § 11-33-11 May adjust enforcement
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The board of county commissioners is authorized to adjust the application or enforcement of any provision of a resolution hereunder in any specific case when a literal enforcement of such provision would result in great practical difficulties, unnecessary hardship, or injustice, …
N.D.C.C. § 11-33-12 Appeals to district court
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Any person, or persons, jointly or severally, aggrieved by a decision of the board of county commissioners under this chapter, may appeal to the district court in the manner provided in section 28-34-01.
N.D.C.C. § 11-33-13 Not to affect use
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The lawful use or occupation of land or premises existing at the time of the adoption of a resolution hereunder may be continued, although such use or occupation does not conform to the provisions thereof, but if such nonconforming use or occupancy is discontinued for a period of…
N.D.C.C. § 11-33-14 Nonconforming uses regulated
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The board of county commissioners, may, by resolutions, as herein provided, prescribe such reasonable regulations, not contrary to law, as it deems desirable or necessary to regulate and control nonconforming uses and occupancies.
N.D.C.C. § 11-33-15 Board of county commissioners to make complete list
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Repealed by S.L. 1969, ch. 138, § 2.
N.D.C.C. § 11-33-16 Enforcement
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The board of county commissioners shall provide for the enforcement of this chapter and of resolutions and regulations made thereunder and may impose enforcement duties on any officer, department, agency, or employee of the county.
N.D.C.C. § 11-33-17 Violation of zoning regulations and restrictions - Remedies
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If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used in violation of this chapter, the proper county authorities or any affected citizen or property owner, in addition to o…
N.D.C.C. § 11-33-17.1 Zoning - Nonconforming structure
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1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming structure devoted to residential use and located in a residential zoning district may be repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even though the structure is …
N.D.C.C. § 11-33-19 Joint planning commission may be established
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If the area to be regulated and restricted is situated in two or more counties, a joint planning commission may be established. Membership of such a joint planning commission shall consist of five members from each county planning commission to be appointed by the chairman of the…
N.D.C.C. § 11-33-21 General penalties for violation of zoning regulations and restrictions
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A violation of any provision of this chapter or the regulations and restrictions made thereunder shall constitute the maintenance of a public nuisance and shall be a class B misdemeanor.
N.D.C.C. § 11-33-22 Regulation of animal feeding operations - Central repository
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Any zoning regulation that pertains to an animal feeding operation, as defined in section 11-33-02.1, is not effective until filed with the department of environmental quality for inclusion in the central repository established under section 23.1-01-10.
N.D.C.C. § 11-33-23 Highways - Roads
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This chapter does not include any power relating to the role of the board of county commissioners in the establishment, repair, or maintenance of highways or roads.