Title 24 — Highways, Bridges, and Ferries

Informal bids must be requested and the contract therefor may be awarded upon such basis and procedure as the director directs.

Whenever any highway improvement involves structural work, dirt grading and traffic service gravel, graveling, stabilizing and oiling, or concrete surfacing, or any two or more of them, then wherever practicable and not contrary to any federal law or regulations, separate proposa…

Each and every contract in excess of the sum specified in section 24-02-17 must be awarded by the department to the responsible bidder submitting the lowest and best bid, but said department may reject all bids. If no satisfactory bid or bids are received, new bids may be called …

In the event that any county or municipality participates in and defrays the cost, or part of the cost, of any improvement to be made by the department, the director shall notify the board of county commissioners of the county so interested, or the proper city officials of any mu…

Payment must be made monthly to the contractor for all work done or material furnished, in such amount as must be determined by the director, but in no event less than ninety percent nor more than ninety-nine percent thereof, and payment must be made in full upon the completion o…

Any person who has furnished labor, materials, or supplies on a contract awarded under section 24-02-23, and who has not been paid in full at the time of final acceptance of the project by the department, has the right to file a claim against the contractor and the surety furnish…

Any person who has furnished labor, materials, or supplies and made a claim under section 24-02-25.1 has the right to commence an action to recover the amount of the person's claim against the contractor or surety within one year of the date of the final acceptance of the project…

A controversy arising out of a contract for the construction or repair of a highway entered by the director must be submitted to arbitration under this chapter and chapter 32-29.2. A person that voluntarily enters a contract for the construction or repair of a highway is deemed t…

1. Unless a party submits the dispute to the American arbitration association, the arbitrators must be selected in accordance with this section. The party desiring arbitration of claims for more than one hundred thousand dollars shall serve a written demand upon the adverse party…

After a board of arbitration has been appointed, a submission in writing must be executed as provided in section 32-29.3-06, but the submission must provide for the entry of judgment upon the award by the district court of the county in which the improvement, or some part thereof…

If either party refuses to submit to arbitration as provided in this chapter, that party must be deemed to have waived all claims and demands, and the arbitrators shall proceed to determine the controversies set forth by the moving party according to the justice of the case. Judg…

No right exists to demand arbitration against the director until the conditions specified in this section have been complied with. The contractor shall give the director notice in writing that the contractor claims the contract has been or will be performed fully on a day stated,…

The arbitrators shall determine all controversies between the parties growing out of the contract, including the question whether it had been performed at the time claimed by the contractor and whether the additional work required by the director as specified has been done, and i…

If after the making of an award which requires the contractor to do further work, any controversies arise between the parties as to the doing of such work, the controversies may be submitted to the same arbitrators on five days' notice for further determination.

When judgment has been entered against the director, the same is not collectible or enforceable by execution, but if the same provides for the payment of money by the director, it must be paid in the same manner, to the same extent, and out of the same funds as though the claims …

The director may prepare, adopt, or amend uniform standard forms of contracts, bonds, estimates and other forms and documents deemed essential for the efficient administration of highway matters within the department. 24-02-35. Contracts - For road and bridge work and materials -…

The department may sell road materials in small quantities on an occasional basis to local governmental units, when the local governmental units are unable to economically procure those quantities of road materials from the private sector.

The proceeds from any sale of road materials made under section 24-02-35.1 must be deposited in the department of transportation fund. An amount not to exceed the total sum of the sales under section 24-02-35.1, but not to exceed one million dollars a year, may be withdrawn upon …

Except as provided in section 24-01-48, no state funds may be expended for feeder roads or other roads not on the state highway system except for the necessary administrative costs and for such work as is reimbursable from federal or county funds or from funds of other organizati…

The state highway fund, created by law and not otherwise appropriated and allocated, must be applied and used for the purposes named in this section, as follows: 1. Except for investment income as provided in subsection 3, the fund must be applied in the following order of priori…

Repealed by S.L. 1997, ch. 41, § 11.

The special road committee consists of one member of the senate and one member of the house of representatives appointed by the chairman of the legislative management, the director of the game and fish department, the director of the parks and recreation department, and the direc…

Repealed by S.L. 1989, ch. 72, § 25.

Repealed by S.L. 1975, ch. 239, § 1.

The department is hereby authorized, whenever needed, to arrange, with any state-owned or private financing agency, including the Bank of North Dakota, short-term loans in the event that construction funds on hand are insufficient to meet current obligations. Short-term financing…

Notwithstanding any other provision of law, the department, whenever needed for the liberty memorial bridge improvement project and the United States highway 2 project improvements, may arrange with any state-owned or private financing agency or underwriter, including the Bank of…

All revenue in the form of charges, reimbursements, or earnings as hereinafter specified, accruing to the department or any of its agencies or divisions, must be collected and received by the director or the director's agent, and deposited with the state treasurer monthly, who sh…

The director is authorized to establish continuing grants of financial aid for study in undergraduate coursework, which meets the needs and mission of the department, at institutions of higher learning in this state. Expenditure from highway operating funds is authorized. No indi…

The director may contract and cooperate with other states, with political subdivisions of this state, and with the United States government to establish, maintain, and operate a multistate infrastructure bank pursuant to section 350 of the National Highway System Designation Act …

The department of transportation, subject to the approval of the emergency commission, may borrow moneys from the Bank of North Dakota to advance and match federal emergency relief funds. Any moneys borrowed from the Bank of North Dakota pursuant to this section are appropriated.

The director may enter an agreement with a county or city for the cooperative or joint administration of an activity that will enhance the efficiency and effectiveness of the state highway system. The terms of the agreement supersede sections 24-02-36 and 24-02-37 or any other st…

The director may enter an agreement with the big sky passenger rail authority regarding the creation of a service development plan.

Repealed by S.L. 2025, ch. 266, § 1.

Expired under S.L. 2009, ch. 236, § 16.

Upon request, the department of transportation shall provide air transportation services to other state agencies. Unless waived by the department, each agency using air transportation services from the department shall pay a user charge determined by the department of transportat…

The director of the department of transportation may require volunteers and final applicants for employment to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-6…

The director is authorized and empowered to make all contracts and to do all things necessary to cooperate with the United States government in the administration of grants and other discretionary funding mechanisms administered through any appropriate federal agency which the de…

The director shall prepare and adopt uniform standard plans and specifications for the establishment, construction, and maintenance of the state highways and bridges within this state. Such plans and specifications may be amended, from time to time, as the director deems advisabl…

The director has the authority, and is responsible for the construction, maintenance, protection, and control of the highways which comprise the state highway system. The director shall patrol and keep said system in good and safe condition for general public use.

Repealed by S.L. 1999, ch. 245, § 4.

In case of great emergency requiring immediate action, and if delay would cause a public injury, the work may be done by the department by force account.

Whenever, during the construction work on any state highway or at any other time, it may be necessary to prevent traffic from passing over any portion of such highway, the department may close such portion of the highway to all traffic by causing to be posted in a conspicuous man…

All highways constructed or reconstructed by the department, board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or by any individual firm, corporation, or limited liability company must be so designed as to permit the water…

The director, when notified by the board of drain commissioners of any drainage district that it is necessary to run a drain across any state or federal-aid highway, shall make the necessary opening through such highway and shall build and keep in repair suitable culverts or brid…

Whenever the department or any county or township enters into a contract for the construction and improvement of any road or culvert, or bridge thereon, it, as a condition of such contract, shall provide therein that the contractor shall place warning signs and devices which are …

Whenever a township, county, or the department shall construct, improve, or repair any road, culvert, or bridge, or shall gravel any road, and such work renders travel on such road, culvert, or bridge unsafe or dangerous, the board of supervisors of any such township, the board o…

Any person in charge of any work or repairs on any public road, culvert, or bridge who fails or neglects to erect and maintain suitable warning signs as provided in sections 24-03-09 and 24-03-10 is guilty of a class B misdemeanor.

The office of management and budget, acting as a central purchasing agency of the state, has authority to purchase, lease, or acquire all road material, road machinery, tools, equipment, and supplies necessary for use in constructing, maintaining, controlling, and administering t…

The office of management and budget or the director, when the authority to purchase is delegated to the director, may purchase equipment, materials, supplies, or other personal property useful to the department, from the United States government, or any of its officers, agents, a…

The director has authority to construct, rent, or purchase for the state the necessary land and buildings for the storage and housing of road materials, road machinery, equipment, and tools.