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North Dakota Statutes, Title 4.1

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Title 4.1, Agriculture

66 chapters · 881 sections in this title.

All chapters in Title 4.1881 Ch 4.1-25, Dairy Product Regulation53 Ch 4.1-20, Soil Conservation49 Ch 4.1-53, Seeds49 Ch 4.1-01, Agriculture Commissioner34 Ch 4.1-47, Noxious Weed Control34 Ch 4.1-83, Livestock Dealers30 Ch 4.1-73, Branding Livestock29 Ch 4.1-31, Meat Inspection28 Ch 4.1-33, Pesticide Control27 Ch 4.1-13, Wheat Commission26 Ch 4.1-09, Oilseed Council24 Ch 4.1-45, State Fair Association24 Ch 4.1-27, Livestock Auction Markets23 Ch 4.1-02, Barley Council21

49 sections·Filtered byTitle 4.1✕Ch 4.1-20✕

N.D.C.C. § 4.1-20-01 Policy and scope of chapter
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It is the policy of this state and within the scope of this chapter to provide for the conservation of the soil and soil resources of this state and for the control and prevention of soil erosion, and to preserve the state's natural resources, control floods, prevent impairment o…
N.D.C.C. § 4.1-20-02 Definitions
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In this chapter, unless the context otherwise requires: 1. "Committee" means the state soil conservation committee. 2. "Director" means the director of the North Dakota state university extension service. 3. "District" means a political subdivision of this state organized as a so…
N.D.C.C. § 4.1-20-03 State soil conservation committee - Elective and appointive members - Records and seal
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1. The committee shall perform the functions conferred upon it in this chapter within the limits of legislative appropriations. The committee consists of seven voting members. Five members must be elected and two must be appointed by the governor. 2. For the purpose of electing t…
N.D.C.C. § 4.1-20-04 Committee - Chairman - Quorum - Compensation
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The committee shall meet annually and select its chairman, who shall serve until a successor is selected and takes office. An individual may be selected as chairman for a total of three terms. Additional meetings may be held by the committee as considered necessary by the chairma…

N.D.C.C. § 4.1-20-05 Duties and powers generally

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The committee has the following duties and powers: 1. To offer such assistance as may be appropriate to the supervisors of districts in the carrying out of any of their powers and programs. 2. To keep the supervisors of each of the several districts informed of the activities and…

N.D.C.C. § 4.1-20-06 Extension service assistance to state soil conservation committee - Duties

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The North Dakota state university extension service shall assist the committee in performing the committee's duties, within the limits of legislative appropriation. The director shall instruct extension agents to cooperate in the delivery of information and services to the distri…

N.D.C.C. § 4.1-20-07 Districts - Petition - Contents - More than one petition filed

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1. Any twenty-five qualified electors living within the limits of the area proposed to be organized into a district may file a petition with the state soil conservation committee asking that a soil conservation district be organized in the area described in the petition. The peti…

N.D.C.C. § 4.1-20-08 Hearings on petitions - When held - Notice - Determinations

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1. Within thirty days after a petition under section 4.1-20-07 has been filed, the state soil conservation committee shall cause publication of due notice of a hearing on the desirability of creation of a soil conservation district, the appropriate boundaries to be assigned to th…

N.D.C.C. § 4.1-20-09 Election - When held - Contents of ballot - Who may vote

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After the committee has determined the necessity for the organization of a district and has defined the boundaries of the proposed district, the committee shall hold an election within the proposed district upon the creation of the proposed district and shall cause due notice of …

N.D.C.C. § 4.1-20-10 Publication of election results - Determination of feasibility of operation of district

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The committee shall publish the results of any election. If a majority of the votes cast are in favor of the creation of a district, the committee shall determine whether the operation of a district within the boundaries specified on the election is administratively feasible. In …

N.D.C.C. § 4.1-20-11 District determined feasible - Statement filed with secretary of state

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If the committee determines the operation of a proposed district is administratively feasible, the committee shall file with the secretary of state a certified statement identifying the boundaries and name of that district. The statement must include the reasons for the formation…

N.D.C.C. § 4.1-20-12 District to be a political subdivision - Boundaries of district

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Upon the certification by the committee to the secretary of state under section 4.1-20-11, the district becomes a political subdivision of the state and a body corporate and politic. The secretary of state shall issue to the committee a certificate of the due organization of the …

N.D.C.C. § 4.1-20-13 Petition to include additional area within existing district

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Petitions to include additional area within an existing district may be filed with the committee at any time, and the proceedings provided in connection with a petition to organize a district must be observed in the case of a petition for such inclusion. A portion of a district m…

N.D.C.C. § 4.1-20-14 Districts presumed to be organized legally - Copy of certificates as evidence

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In any suit, action, or proceeding involving or relating to the validity or enforcement of any contract, proceeding, or action of a district, the district is deemed to have been established in accordance with the provisions of this chapter, upon proof of the issuance of the certi…

N.D.C.C. § 4.1-20-15 Notice to file nominating petitions and of election of district supervisors

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As soon as practicable after the issuance by the secretary of state of the certificate of organization of a soil conservation district, and before the next general election, the committee shall give notice that nominating petitions may be filed with the county auditor, and that a…

N.D.C.C. § 4.1-20-16 Nominating petitions - Petitions required - Final filing date

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1. Any individual running for the office of supervisor shall present to the county auditor of the county in which the district lies a petition giving that individual's name and mailing address and the title and term of the office, and containing the signatures of not less than tw…

N.D.C.C. § 4.1-20-17 Regular election of district - When held - Regulations governing

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The regular election of soil conservation districts must be held at the same time, and at the same place, as the general election is held. All qualified electors in the district may vote in any regular election of the district. Any land occupier living in the district desiring to…

N.D.C.C. § 4.1-20-18 Supervisors - Terms of office - Vacancies - Removal - Compensation - Expenses

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1. At each general election, one district supervisor must be elected for a term of six years, or until the successor is duly elected and qualified, to each expiring or vacant term. The county auditor of the county or counties in which the district lies shall canvass the returns a…

N.D.C.C. § 4.1-20-19 Soil conservation district supervisors - Training

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As soon as practicable after an individual is elected or appointed to the position of a soil conservation district supervisor, the individual shall attend a training session delivered by the state soil conservation committee, and the individual shall attend or participate in annu…

N.D.C.C. § 4.1-20-20 Supervisors may employ assistants - Attorney general and state's attorneys to advise - Reports to committee

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The supervisors may employ necessary permanent and temporary officers, agents, or employees, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general or the state's attorney of any county in which the district is situa…

N.D.C.C. § 4.1-20-21 Assistance for district supervisors

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Upon request of the supervisors of a soil conservation district, a board of county commissioners may assign an employee or employees of the county to assist the supervisors in the performance of the supervisors' duties authorized by this chapter. The board of county commissioners…

N.D.C.C. § 4.1-20-22 Supervisors to provide for surety bonds, keeping records, and annual audit

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The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property of the district, for the keeping of a full and accurate record of all the supervisors' proceedings and of all resolutions, regulations, and orde…

N.D.C.C. § 4.1-20-23 Supervisors may consult city or county representatives

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The supervisors may invite the governing body of any city or county located within or near the district to designate a representative to advise and consult with the supervisors on issues that may affect the property, water supply, or other interests of the city or county.

N.D.C.C. § 4.1-20-24 Powers and duties of districts and supervisors

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1. A soil conservation district may exercise the public powers ordinarily exercised by a political subdivision of the state, and the district and the supervisors of the district have the following powers in addition to those granted in other sections of this chapter: a. To conduc…

N.D.C.C. § 4.1-20-25 Supervisors may formulate land use regulations for submission to qualified electors

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The supervisors of any district may formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion, and may conduct public meetings and hearings upon tentative regulations as m…

N.D.C.C. § 4.1-20-26 Notice of election - Form of ballot - Conduct of election - Who may vote

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The notice of election on a proposed ordinance submitted to the qualified electors in the district under section 4.1-20-24 must be provided in the manner required by section 4.1-20-14 relating to notice of election of supervisors, and must recite the contents of the proposed ordi…

N.D.C.C. § 4.1-20-27 Two-thirds voter approval required to adopt ordinance - Effect of ordinance after adoption

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An ordinance under this chapter does not become effective unless it is approved by at least two-thirds of the qualified electors voting on the question. If a proposed ordinance is approved, the supervisors shall enact it into law. Land use regulations prescribed in any ordinance …

N.D.C.C. § 4.1-20-28 What may be contained in land use regulations

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The land use regulations that may be adopted by the supervisors under this chapter may include: 1. Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other nece…

N.D.C.C. § 4.1-20-29 Regulations to be uniform - Copies furnished in district

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Land use regulations must be uniform throughout the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and o…

N.D.C.C. § 4.1-20-30 Amending, supplementing, or repealing land use regulations

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Any qualified elector living within a district at any time may file a petition with the supervisors asking that any or all of the land use regulations in any ordinance adopted by the supervisors under this chapter be amended, supplemented, or repealed. Land use regulations in tha…

N.D.C.C. § 4.1-20-31 Supervisors to enforce land use regulations

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The supervisors may enter upon any land within the district to determine whether land use regulations adopted under this chapter are being observed.

N.D.C.C. § 4.1-20-32 Failure to perform land use regulations - Hearing on - Supervisors to perform - Costs and expenses

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1. If the supervisors of any district find any land use regulations prescribed in any ordinance are not being observed on particular lands, tending to increase erosion on those lands and interfering with the prevention or control of erosion on other lands within the district, the…

N.D.C.C. § 4.1-20-33 Board of adjustment - Members - Appointment - Vacancies - Compensation

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When the supervisors of any district adopt an ordinance prescribing land use regulations, the supervisors shall provide by ordinance for the establishment of a board of adjustment to consist of three members, each to be appointed for a term of three years, except the members firs…

N.D.C.C. § 4.1-20-34 Board of adjustment - Rules - Chairman - Meetings - Quorum - Records

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The board of adjustment shall adopt rules to govern its procedure, in accordance with this chapter and any ordinance adopted under this chapter. The board shall designate, and may replace at any time, a chairman from among its members. Meetings of the board must be held at the ca…

N.D.C.C. § 4.1-20-35 Petition to board of adjustment to vary land use regulations - Service - Hearing - Board's powers

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Any qualified elector residing in the district may file a petition with the board of adjustment seeking a variance from strictly complying with the land use regulations. Copies of a petition must be served upon the chairman of the supervisors of the district where the lands are l…

N.D.C.C. § 4.1-20-36 Taking of testimony at hearing

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At the request of the board of supervisors, the testimony at a hearing conducted under section 4.1-20-35 must be taken by a court reporter, by a stenographer, or by use of an electronic recording device. The board of supervisors is responsible for the cost of taking testimony.

N.D.C.C. § 4.1-20-37 Aggrieved petitioner and supervisors may appeal to district court from order of board - Procedure

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Any petitioner or the supervisors of any district may appeal an order of a board of adjustment to the district court as provided in section 28-34-01.

N.D.C.C. § 4.1-20-38 Cooperation among district supervisors

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The supervisors of any two or more districts organized under this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.

N.D.C.C. § 4.1-20-39 State agencies to cooperate with district supervisors

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Agencies of this state having jurisdiction over any state-owned lands, and agencies of any county or other political subdivision of this state having jurisdiction over any county-owned or other publicly owned lands lying within the boundaries of any district shall cooperate to th…

N.D.C.C. § 4.1-20-40 Discontinuance of districts - Petition - Referendum - Eligible qualified electors

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Five years after the date a district was organized, twenty-five percent of the qualified electors living within the boundaries of the district may file a petition with the state soil conservation committee to terminate the operations of the district. The committee then shall cond…

N.D.C.C. § 4.1-20-41 Duties of committee after election on discontinuance of the district has been held

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The committee shall publish the result of any election on the question of discontinuance of a district immediately after the vote has been had. If a majority of the votes cast in the election favored the discontinuance of the district, the committee shall make its certificate tha…

N.D.C.C. § 4.1-20-42 Termination of affairs of district - Disposal of property - Certificate of dissolution

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Upon receipt from the committee of its certification that the committee has determined the continued operation of the district is not administratively feasible, the supervisors shall proceed to terminate the affairs of the district. The supervisors of the district may dispose of …

N.D.C.C. § 4.1-20-43 Ordinances, regulations, and contracts of districts after dissolution

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After a certificate of dissolution has been issued as provided in section 4.1-20-42, all ordinances and regulations that have been adopted and in force within the dissolved district are of no further force and effect. All contracts that have been made, to which the district super…

N.D.C.C. § 4.1-20-44 Petitions for discontinuance of district - Limitation on filing

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The state soil conservation committee may not entertain petitions for the discontinuance of any district, conduct elections upon those petitions, or make determinations pursuant to the petitions in accordance with the provisions of this chapter more than once in any five-year per…

N.D.C.C. § 4.1-20-45 Consolidation of districts - Petition - Election - Conduct of election

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Two or more districts may be consolidated into one district by compliance with this chapter. A petition for consolidation of soil conservation districts must be filed with the state soil conservation committee and must be signed by at least twenty-five qualified electors living i…

N.D.C.C. § 4.1-20-46 Conduct of election - Canvass of votes

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An election upon the question of consolidating two or more soil conservation districts must be conducted in accordance with the laws of the state prescribing the conduct of general elections. After the polls are closed, the board of election shall canvass the votes and the clerk …

N.D.C.C. § 4.1-20-47 Supervisors of consolidated district - Terms of office - Powers and duties

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The members of the board of supervisors of a newly consolidated district are the supervisors from each of the districts that have been consolidated whose existing terms of office would last expire if the new consolidated district were not established. Those members shall determin…

N.D.C.C. § 4.1-20-48 Costs and expenses of consolidation - Disposition of property - Contracts of districts after consolidation

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All costs and expenses incidental to the consolidation of two or more districts must be borne equally by each of the consolidated districts. All property and money of the districts that have been consolidated become the property of the newly established district. All contracts to…

N.D.C.C. § 4.1-20-49 Soil conservation trust lands

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The state of North Dakota holds in trust for use by the soil conservation districts of the state for the soil conservation program the property in Burleigh County described as follows: Township one hundred thirty-eight north, range eighty west, fifth principal meridian: west one-…