Title 24 — Highways, Bridges, and Ferries

Electric transmission, telephone or telegraph lines, pole lines, railways, ditches, sewers, water, heat, or pipelines, gas mains, flumes, or other structures outside of the limits of any municipality which under the laws of this state, may be constructed, placed, or maintained ac…

The director may grant to any person, who is a resident of this state, or to any corporation organized under the law of this state, or licensed to do business within this state, the right of way for the erection of a telephone line or electric line over or upon any state highway …

1. Whenever the director determines and orders that any utility facility which now is, or hereafter may be, located in, over, along, or under the national system of interstate and defense highways, or urban extension thereof, qualifying for federal aid should be changed, removed,…

The legislative assembly assents that highway relocation assistance payments, as provided in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [Pub. L. 91-646; 84 Stat. 1894; 42 U.S.C. 4601 et seq.], and such changes or amendments thereo…

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…

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…

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.

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…

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.

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…

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…

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…

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…

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.

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…

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…

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.

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…

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…

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…

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…

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…

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…

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.

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…

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 …

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.

Repealed by S.L. 1989, ch. 72, § 25.

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 …

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 …

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.

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…

Expired under S.L. 1995, ch. 260, § 4.

Repealed by S.L. 1989, ch. 72, § 25.

Repealed by S.L. 1989, ch. 72, § 25.

Repealed by S.L. 1989, ch. 72, § 25.

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.

Repealed by S.L. 1967, ch. 206, § 2.

Repealed by S.L. 1967, ch. 206, § 2.

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…

Not later than the fifteenth day of May of each year, each head of a department, division, section, or activity of the department who may be directed and designated to do so by the director shall submit to the director an outline of the work which should be undertaken by such dep…

The director shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. 24-02-11. Records of department open to public - Certain records not open to public - Certified copies. 1. The director is custodian of, and shall preserve,…

Payroll vouchers prepared on forms adopted in accordance with section 24-02-34 must be certified and approved by the director and the same must be presented to the office of management and budget which shall prepare and issue a warrant signed by the state auditor for each person …

Whenever any estimate or allowance for payment, except a final estimate or payment subsequent to a final estimate, is allowed, or granted, on a contract entered into by the department, or a deposit is to be made with the clerk of district court in a condemnation proceeding, and t…

Repealed by S.L. 1975, ch. 106, § 673.

The state, and civil government divisions thereof, and any person damaged by any wrongful act or omission of any bonded employee of the department in the performance of the employee's official duties may maintain an action on the employee's bond for the recovery of damages so sus…

The director may request bids and award contracts for construction work requiring the contractor to furnish all equipment, labor, materials, and supplies for each particular contract or project, or requiring the director to furnish and provide the contractor with materials and su…

Whenever the cost of any construction improvement exceeds the sum of twenty thousand dollars, the department shall proceed to advertise the same, request bids, and award such contracts in the manner provided in this chapter. The department may accept bids and bid bonds that are s…

The department may, if in the opinion of the director, the public interest and the preservation of the state highways from deterioration requires it, do the work necessary for minor grading reconstruction on any state highway without letting a contract for such reconstruction wor…

Any request for bids for construction work or the improvement of any state highway, or any structure in excess of the amount specified in section 24-02-17, must be advertised by publication once prior to the opening of such bids, in the official newspaper of the county in which t…