18 chapters · 336 sections in this title.
N.D.C.C. § 24-01-41.2 Relocation of utility facilities - Political subdivision roads
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1. Whenever a political subdivision determines and orders that any utility facility that is or may be located in, over, along, or under a road right of way under its authority, qualifying for federal aid, should be changed, removed, or relocated to accommodate the construction of…
N.D.C.C. § 24-01-42 Construction of utility facility - Limitation
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No person, firm, or association may construct any electrical supply or communication line, gas, oil, or water, or other pipeline parallel to and within one hundred feet [30.48 meters] of the centerline of any state highway right of way or within seventy-five feet [22.86 meters] o…
N.D.C.C. § 24-01-43 Utility facility - Removal
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Any utility or transmission line hereinafter constructed contrary to the provisions of section 24-01-42 must be removed at the expense of the utility, when such removal is required for purposes of highway expansion.
N.D.C.C. § 24-01-44 Utility facility - Right of way for relocation
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Whenever highway improvements require the relocation of utility facilities, and it is deemed to be in the best interest of the state, the director or the board of county commissioners may acquire such right of way as may be required for such relocation, in the manner they are aut…
N.D.C.C. § 24-01-45 Controlled-access facility - Commercial establishments prohibited
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No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right of way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access facility.
N.D.C.C. § 24-01-46 Clearing record title of right of way
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Any political subdivision, department, or agency of the state, holding an interest of record in any part of the right of way for any highway on the state highway system, shall upon application of the director, cause such interest to be conveyed to the state of North Dakota for th…
N.D.C.C. § 24-01-47 Legislative intent - Access routes
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It is the intent of the legislative assembly that the director have sufficiently broad authority to provide, within means available, and with cooperation from political subdivisions, for an integrated highway system, including reasonable access from the interstate highways to the…
N.D.C.C. § 24-01-48 Access routes to controlled-access facility
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Whenever the construction of an interstate, controlled-access highway, results in the removal from the state highway system, a highway which passes through or approaches within one mile [1.61 kilometers] of any incorporated municipality, the director may if conditions warrant, ex…
N.D.C.C. § 24-01-49 Approach or escape road to be built at all dead end roads or intersections of county and state highways
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Whenever any highway on the state or county highway system has an intersection or dead end, there must be constructed, whenever feasible, an approach or escape road, and when not feasible, other protective devices such as warning signs, rumble strips, or barricades. This section …
N.D.C.C. § 24-01-50 No-mow transfer to interstate highways
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The department, in consultation with the game and fish department, shall negotiate with the United States fish and wildlife service and any other appropriate federal agency for the purposes of substituting the no-mow acres contained in the rights of way of United States highway 2…
N.D.C.C. § 24-01-51 Haying of no-mow areas
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Notwithstanding any other provision of law, a person owning land adjacent to an area within the right of way of a highway which is designated as a no-mow or managed-mow area may hay the no-mow or managed-mow area after July fifteenth without any payment or penalty.
N.D.C.C. § 24-01-52 Multilane highway for United States highway 52
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The director of the department of transportation shall include, as part of the department's project development process, a four-lane alternate when it develops the environmental document for the next major reconstruction project for United States highway 52 from reference point 5…
N.D.C.C. § 24-01-54 Theodore Roosevelt expressway - United States highway 85
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Notwithstanding any previous designation, the department shall designate United States highway 85 from the South Dakota border to the junction of United States highway 2 and United States highway 2 from the Montana border to the junction of United States highway 85 as the Theodor…
N.D.C.C. § 24-01-55 Yellowstone trail - United States highway 12
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The department shall designate United States highway 12 from the South Dakota border to the Montana border as the Yellowstone trail and at a minimum shall place signs along the highway designating that name and may use appropriate signs donated to the department.
N.D.C.C. § 24-01-56 Veterans memorial highway - State highway 22 - Continuing appropriation
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The department shall designate state highway 22 from the South Dakota border to the junction of state highway 22 and state highway 23 as the veterans memorial highway and shall place signs along the highway designating that name. The department may accept any appropriate signs or…
N.D.C.C. § 24-01-57 Akicita (veteran) memorial highway - State highway 57 - Continuing appropriation
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The department shall designate state highway 57 from the junction of United States highway 281 and state highway 57 to the junction of state highway 57 and state highway 20 as the Akicita (veteran) memorial highway and shall place signs along the highway designating that name. Th…
N.D.C.C. § 24-01-58 Hidden wounds veterans overpass - United States highway 281 - Continuing appropriation
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The department shall designate the overpass on United States highway 281 between twenty-fourth street southwest and twentieth street southwest in Jamestown as the hidden wounds veterans overpass and shall place signs along the highway designating that name. The department may acc…
N.D.C.C. § 24-01-59 Veterans memorial bridge - State highway 18 - Continuing appropriation
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The department shall designate the bridge on state highway 18 between island place and park street east in Cavalier as the veterans memorial bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to t…
N.D.C.C. § 24-01-60 North Dakota's shortest highway - State highway 91 - Continuing appropriation
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The department shall designate state highway 91 from the junction of United States highway 52 and state highway 91 to the junction of state highway 91 and state highway 3 as North Dakota's shortest highway and shall place signs along the highway designating that name. The departm…
N.D.C.C. § 24-01-61 PFC. Ronald C. Goodiron Vietnam bridge - State highway 6 - Continuing appropriation
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The department shall designate the bridge on state highway 6 between state highway 24 and county road 134 near Breien as the PFC. Ronald C. Goodiron Vietnam bridge and shall place signs along the highway designating that name. The department may accept any appropriate signs or fu…
N.D.C.C. § 24-01-62 PVT. Albert Grass WWI bridge - State highway 1806 - Continuing appropriation
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The department shall designate the southernmost bridge on state highway 1806 between county road 134 and seventy-first street in Cannonball as the PVT. Albert Grass WWI bridge and shall place signs along the highway designating that name. The department may accept any appropriate…
N.D.C.C. § 24-01-63 Petty Officer Third Class Patrick G. Glennon Vietnam bridge - State highway 30 - Continuing appropriation
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The department shall designate the bridge on state highway 30 between the junction of seventeenth street northeast and the junction of nineteenth street northeast as the Petty Officer Third Class Patrick G. Glennon Vietnam bridge and shall place signs along the highway designatin…
N.D.C.C. § 24-01-64 Trooper Beryl McLane memorial highway - State highway 13 - Continuing appropriation
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The department shall designate state highway 13 from Edgeley to LaMoure as the Trooper Beryl McLane memorial highway and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated to the department for the placement…
N.D.C.C. § 24-01-65 Specialist 4 Richard W. Orsund Vietnam bridge - State highway 18 - Continuing appropriation
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The department shall designate the bridge on state highway 18 between the junction of sixty-ninth street northeast and the junction of seventieth street northeast as the Specialist 4 Richard W. Orsund Vietnam bridge and shall place signs along the highway designating that name. T…
N.D.C.C. § 24-01-66 Specialist 4 David LaTraille Vietnam bridge - United States highway 81 - Continuing appropriation
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The department shall designate the bridge on United States highway 81 in Grafton between the junction of park street and the junction of Cashel street as the Specialist 4 David LaTraille Vietnam bridge and shall place signs along the highway designating that name. The department …
N.D.C.C. § 24-01-67 S/Sgt. Miles Shelley WWII overpass - United States highway 52 - Continuing appropriation
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The department shall designate the overpass on United States highway 52 over the railway in Carrington between the junction of state highway 200 and the junction of second street north as the S/Sgt. Miles Shelley WWII bridge and shall place signs along the highway designating tha…
N.D.C.C. § 24-01-68 Specialist Jon P. Fettig Iraq bridge - State highway 22 - Continuing appropriation
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The department shall designate the bridge on state highway 22 in Dickinson between the junction of Kuchenski drive and the junction of fourth street southwest as the Specialist Jon P. Fettig Iraq bridge and shall place signs along the highway designating that name. The department…
N.D.C.C. § 24-01-69 Specialist Dennis "DJ" Ferderer Jr. Iraq bridge - State highway 31 - Continuing appropriation
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The department shall designate the bridge on state highway 31 north of New Salem between the junction of thirty-third street and the junction of thirty-second street as the Specialist Dennis "DJ" Ferderer Jr. Iraq bridge and shall place signs along the highway designating that na…
N.D.C.C. § 24-01-70 PFC. Henry Gurke memorial highway - State highway 18 - Continuing appropriation
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The department shall designate state highway 18 from the intersection of state highway 5 to the Canadian border as the PFC. Henry Gurke memorial highway and shall place signs along the highway designating that name. The department may accept any appropriate signs or funds donated…
N.D.C.C. § 24-01-71 LCDR. Carl J. Woods Vietnam bridge - State highway 5 - Continuing appropriation
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The department shall designate the portion of highway on state highway 5 in Bottineau between the junction of thompson street and the junction of brander street as the LCDR. Carl J. Woods Vietnam bridge and shall place signs along the highway designating that name. The department…
N.D.C.C. § 24-01-72 CPL. Raymond Porter Korea bridge - State highway 6 - Continuing appropriation
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The department shall designate the bridge on state highway 6 between the junction of county road one thirty-seven and the junction of fifty-third street as the CPL. Raymond Porter Korea bridge and shall place signs along the avenue designating that name. The department may accept…
N.D.C.C. § 24-01-73 North Dakota fallen peace officers memorial highway - State highway 200 - Continuing appropriation
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1. The department shall designate state highway 200 from the Minnesota border to the Montana border as the North Dakota fallen peace officers memorial highway and shall place signs along the highway designating that name. 2. The department shall consult with the family and associ…
N.D.C.C. § 24-02-01.1 Department of transportation - Creation - Transfer of functions
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The department of transportation is established as an executive department of this state. Transferred to and vested in the department of transportation are the functions, powers, and duties of the following governmental agencies: 1. The highway department, the highway commissione…
N.D.C.C. § 24-02-01.2 Department of transportation and director of the department of transportation to be substituted for motor vehicle department, registrar of motor vehicles, highway department, and highway commissioner
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Wherever the terms "motor vehicle department", "registrar of motor vehicles", "highway department", or "highway commissioner", or any derivative of those terms which, when used in context indicates an intention to refer to those persons or departments, shall appear in the North D…
N.D.C.C. § 24-02-01.3 Director of the department of transportation - Appointment - Compensation
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The department of transportation must be managed and directed by the director of the department of transportation, who must be appointed by, and serve at the pleasure of, the governor. The director shall take the oath of office required of civil officers by section 44-01-05. The …
N.D.C.C. § 24-02-01.4 Structure of the department of transportation
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The department of transportation must be structured to promote efficient and effective operations consistent with fulfilling its statutory duties. The department of transportation must be organized into offices, divisions, and districts as the director of the department of transp…
N.D.C.C. § 24-02-01.5 Department of transportation - Administrative rules
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The department of transportation may adopt the administrative rules necessary to carry out its responsibilities and functions as created and transferred by sections 24-02-01.1 through 24-02-01.5. Rules adopted by the agencies whose functions relate to the functions or agencies cr…
N.D.C.C. § 24-02-02.1 Agreement for the construction of the Oahe bridge
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The director is authorized to execute an agreement with the federal government for the construction of a bridge over the Oahe Reservoir wherein the department agrees to hold the United States harmless and free from damages due to the construction or operation and maintenance of s…
N.D.C.C. § 24-02-02.2 Authority to contract with adjoining states and provinces
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The director may contract with adjoining states and provinces to provide for the construction, reconstruction, repair, or maintenance of highways located on or near the border of each jurisdiction.
N.D.C.C. § 24-02-02.3 Director may enter agreements with tribal governments
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Notwithstanding the provisions of chapter 54-40.2, the director may enter agreements with any one or more tribal governments for the purpose of construction and maintenance of highways, streets, roads, and bridges on the state highway system or for federally funded safety improve…
N.D.C.C. § 24-02-02.4 Agreement for the construction of the Fargo Moorhead metropolitan area flood risk management project impacting the state highway system
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The director may enter an agreement with the metro flood diversion authority regarding the portion of the construction of the Fargo Moorhead metropolitan area flood risk management project which will impact the state highway system. The agreement must address the construction and…
N.D.C.C. § 24-02-02.5 Rest area cooperative agreement
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Notwithstanding any other provision of law, the director may enter a cooperative agreement with the Theodore Roosevelt national park painted canyon visitor center for the joint administration and operation of a rest area facility for use by the traveling public. The director may …
N.D.C.C. § 24-02-02.6 Reciprocal inspection agreements for fabricated products and materials
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The director may contract with adjoining states and provinces to request or to provide inspection and testing of fabricated products or materials needed for highway construction.
N.D.C.C. § 24-02-03.1 Cooperation of director in matters of national defense
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In order to facilitate national defense, the director is hereby authorized to cooperate with the appropriate federal agency, when requested by it, in: 1. Making of surveys, plans, specifications, and estimates for, and in the construction and maintenance of, flight strips and of …
N.D.C.C. § 24-02-03.2 Director may protect roads from damage and negotiate settlement for damages
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Whenever federally financed construction or maintenance activities are likely to affect any public road within this state, the director is hereby authorized to take such action as may be necessary to protect such public road from any damages that may be caused, and to negotiate w…
N.D.C.C. § 24-02-03.3 Central management system for all state-owned licensed motor vehicles
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1. The director shall establish within the department a central vehicle management system to regulate the operation, maintenance, and management of all motor vehicles owned or leased by the state subject to registration under chapters 39-04 and 39-05. Upon the request of a state …
N.D.C.C. § 24-02-03.4 Transfer of motor vehicles
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The title or other documents representing ownership of a motor vehicle owned or leased by the board of higher education and the institutions under its jurisdiction must be transferred to the director on August 1, 1995.
N.D.C.C. § 24-02-03.5 User charges - Incidental revenues
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Each entity using the central vehicle management system shall pay a user charge to the director. The user charge will be set by the director and must be based upon the actual cost of the service provided, including depreciation. The user charges and any proceeds from insurance cl…
N.D.C.C. § 24-02-07 Expenses of department employees
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In addition to the compensation received for their service, employees of the department are entitled to receive their expenses actually and necessarily incurred in the performance of their duties, the amount of the expenses so allowed to be fixed and determined by the director.
N.D.C.C. § 24-02-07.3 Prequalification, selection, and contracting for consultants - Solicitations
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1. The director may prequalify, select, and contract for consultants in the area of engineering, land surveying, architecture, traffic safety, business administration, and related matters. The prequalification of the consultant must be based on detailed information regarding firm…