Title 11 — Counties
52 chapters · 646 sections in this title.
N.D.C.C. § 11-33.2-01 Subdivision defined
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For the purposes of this chapter, unless the context otherwise requires, "subdivision" means the division of a lot, tract, or parcel of land, creating one or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale or of building development, and any pl…
N.D.C.C. § 11-33.2-02 County power to regulate subdivision
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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 is hereby empowered to regulate and restrict within the county the subdivision of land. This chapter shall not serve to…
N.D.C.C. § 11-33.2-03 Scope of county authority
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County regulation of subdivisions pursuant to the provisions of this chapter shall in no way affect subdivisions within the corporate limits, or within the area of application of extraterritorial zoning jurisdiction adopted pursuant to section 40-47-01.1, of any city. Additionall…
N.D.C.C. § 11-33.2-04 Preparation of subdivision resolution - Contents
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The board of county commissioners of any county desiring to avail itself of the powers conferred by sections 11-33.2-01 through 11-33.2-11 and sections 11-33.2-13 through 11-33.2-15 shall direct the county planning commission, as established pursuant to sections 11-33-04 and 11-3…
N.D.C.C. § 11-33.2-05 Public hearing - Notice
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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. § 11-33.2-06 Publication of resolution - Effective date
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Following the public hearing, the board of county commissioners may adopt the proposed resolution, with such changes as it may deem advisable. Upon adoption of the resolution, the county auditor shall file a certified copy thereof with the recorder. Immediately after the adoption…
N.D.C.C. § 11-33.2-07 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 the notice of adoption of the resolution or amendment, petition for a separate hearing before the board of county commissioner…
N.D.C.C. § 11-33.2-08 Board may adjust enforcement of resolution
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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. § 11-33.2-09 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, or any resolution or amendments adopted hereunder, may appeal to the district court in the manner provided in section 28-34-01.
N.D.C.C. § 11-33.2-10 Board to enforce chapter
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The board of county commissioners shall provide for the enforcement of this chapter and of any resolution and amendments adopted hereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county.
N.D.C.C. § 11-33.2-11 Board may approve plats - Appropriate money
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The board of county commissioners may approve plats as a prerequisite to the subdivision of land subject to the provisions of this chapter and may establish and collect reasonable fees therefor. The fees collected must be credited to the general fund of the county. The board of c…
N.D.C.C. § 11-33.2-12 Effect of approval of plats
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If a county requires approval of plats as a prerequisite to the subdivision of land, whether such requirement be adopted in compliance with this chapter, or be adopted, whether prior to or subsequent to July 1, 1981, pursuant to other authority, from and after July 1, 1981: 1. No…
N.D.C.C. § 11-33.2-13 Remedies to effect completion of improvements
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In the event that any public improvements which may be required to be installed by the subdivider have not been installed as provided in the subdivision resolution or in accordance with the plat as finally approved, the board of county commissioners is hereby granted the power to…
N.D.C.C. § 11-33.2-14 Recording plat
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Upon final approval of a plat as required under this chapter, the subdivider shall record the plat in the office of the recorder of the county wherein the plat is located. Whenever plat approval is required by a county, the recorder shall not accept any plat for recording unless …
N.D.C.C. § 11-33.2-15 Penalty and remedies
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Any person, partnership, corporation, or limited liability company who or which, being the owner or agent of the owner of any lot, tract, or parcel of land, shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for …