Title 58 — Townships

Whenever in this title the word "township" is used without any other descriptive word or phrase, a civil township is referred to without regard to the number of congressional townships incorporated therein.

As used in this title, unless the context or subject matter requires otherwise, "freeholder" means the legal title owner of the surface estate in real property.

Nothing contained in this title applies in any way to any portion of the state which is embraced within the limits of any incorporated city. 58-01-03. Conveyance to township - If for benefit of inhabitant need not be in township name. Each conveyance of land within the limits of …

If twenty-five percent of the qualified electors who voted for governor in the last general election of a congressional township which has taxable valuation of more than twenty thousand dollars and which contains twenty-five or more qualified electors petition the board of county…

The board of county commissioners shall make and file a full report with the county auditor in relation to all its proceedings in the establishment of a civil township.

A township must be named in accordance with the expressed wish of a majority of the legal voters residing therein. If the legal voters fail to designate a name, the board of county commissioners may select one.

Repealed by S.L. 1987, ch. 262, § 3. 58-02-05. Duty of state auditor when similar names are adopted by different townships. Repealed by S.L. 1987, ch. 262, § 3.

The first township meeting of a newly organized township must be held within twenty days after the township is organized at a time and place designated by the board of county commissioners. Notice of the time and place of the meeting must be prepared by the board. The sheriff sha…

The boundary lines of an organized township may be changed only in the manner provided in this chapter.

The board of county commissioners may attach a fractional congressional township to an adjoining township within the same county or divide it between two or more townships within the same county upon the petition of a majority of the qualified electors to be affected.

If rivers, lakes, or creeks divide a civil or congressional township and make it inconvenient to do township business, the board of county commissioners of the county in which the township is located may annex that part of the township segregated by such river, lake, or creek to …

The board of county commissioners may divide a township in which there are two or more cities, each containing two hundred or more inhabitants, upon the petition of a majority of the qualified electors to be affected. If the division is ordered, it must be made in the manner best…

The board of county commissioners may unite two or more congressional townships into one civil township or may add not more than three congressional townships to any congressional township already organized as a civil township when petitioned to do so by a majority of the qualifi…

The members of the boards of township supervisors and the township clerks present at the meeting provided for in section 58-02-14 shall determine the amount due from the annexed territory to the township to which it has been annexed by taking into account the assets and liabiliti…

At the first annual township meeting after the consolidation of the townships or the consolidation of a township and a fraction of a township, there must be levied against the fraction of a township or township annexed the sum found to be due to the township to which the annexati…

A fractional township which contains more than eighteen sections of land and borders on a lake or river or any congressional township may be set off from the civil township of which it is a part if: 1. There are one hundred or more inhabitants residing in the proposed township; a…

The separation of a congressional township or fractional township from an organized civil township must be made only along congressional township lines.

A petition for the division of a township as provided in section 58-02-19, addressed to the board of county commissioners and signed by a majority of the qualified electors residing within the proposed township, may be presented to the board at any regular meeting of the board. N…

Upon presentation of the petition described in section 58-02-21, with proof of notice as provided in that section of the existence of the requirements for division and proof that the petition was signed by the requisite number of voters residing in the proposed township, the boar…

Within thirty days after the first election is held in a civil township established upon a petition described in section 58-02-21, the board of county commissioners, the county auditor, and a district judge designated by the presiding judge of the judicial district in which the n…

The division of a congressional or fractional township from an organized civil township does not prevent the enforcement of the obligations of the original township existing prior to the division. 58-02-25. Dissolution of township - Petition - When considered by supervisors or bo…

If the petition described in section 58-02-25 has been signed by the requisite number of qualified signers, the question of dissolution must be submitted to the voters of the township at the annual township meeting. A notice specifying the question of dissolution to be submitted …

The board of township supervisors shall preside at the meeting. The polls must be opened and closed as at other township meetings. The voters shall vote by ballot. The ballot used must be in the following form: Shall ____________________ township be dissolved? Yes ☐ No ☐ The resu…

If a majority of votes cast at the township meeting are in favor of dissolution, the township ceases to be a corporation on the next succeeding January first. After payment of the township's debts and liabilities, any funds on hand derived from property taxes levied by the townsh…

The dissolution of a township may not affect the rights of any person in any contract or agreement to which the township is a party. 58-02-30. Township attached to other assessment district - Levy for payment of township debts. Repealed by S.L. 2015, ch. 439, § 104.

The county auditor, upon dissolution of any civil township in the auditor's county, shall enter the fact of the dissolution upon the proper record book.

The fact that any petition required under any provision of this chapter is signed by the required number of signers residing in the territory described therein may be proved by the affidavit of any qualified elector residing in the territory and having knowledge of the facts.

Each township is a body corporate and has capacity: 1. To sue and be sued. 2. To purchase and hold lands within its limits and for the use of its inhabitants subject to the powers of the legislative assembly. 3. To make such contracts and purchase and hold such personal property …

No township may possess or exercise any corporate powers except those enumerated in this chapter, those specially given by law, and those necessary to the exercise of the powers enumerated or granted.

All acts or proceedings performed by a township in its corporate capacity must be done in the name of the township.

Repealed by S.L. 1979, ch. 172, § 29.

Repealed by S.L. 1979, ch. 172, § 29.

The following must be deemed township charges: 1. The compensation of township officers. 2. Contingent expenses necessarily incurred for the use and benefit of the township. 3. The moneys authorized to be raised by the vote of the township meeting for any township purpose. 4. Eac…

The electors of each township have the power at the annual township meeting: 1. To establish one or more pounds within the township, to determine the location of the pounds, to determine the number of poundmasters and to choose the poundmasters, and to discontinue pounds which ha…

Repealed by S.L. 1971, ch. 410, § 4.

Repealed by S.L. 1977, ch. 562, § 7.

Bylaws made by a township do not take effect until they are published. The township clerk shall have the bylaws published in a legal newspaper published in the township. If there is no such newspaper, the bylaws must be published in the county's official newspaper. The clerk shal…

For the purpose of promoting the health, safety, morals, or the general welfare, or to secure the orderly development of approaches to municipalities, the board of township supervisors may establish one or more zoning districts and within the districts, subject to the provisions …

1. The regulations and restrictions established in any township zoning district must be made in accordance with a comprehensive plan with reasonable consideration as to the character of such district, its peculiar suitability for particular uses, the normal growth of the municipa…

1. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used, in violation of any regulation or restriction made under the authority conferred by sections 58-03-11 through 58-03…

1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming structure devoted to residential use and located in a residential zoning district may be repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even though the structure is …

Appeals from any rule, restriction, or decision of the board of township supervisors may be made to the district court of the county in which such township lies. Appeals must be taken in accordance with the procedure provided in section 28-34-01. Upon a showing that any rule, res…

Sections 58-03-11 through 58-03-15 do not include any power relating to the role of the board of township supervisors in the establishment, repair, or maintenance of highways or roads.

Every township may convey, sell, or dispose of real property of the township upon recommendation by the board of township supervisors and upon approval by the township electors at the annual meeting or at a special meeting called for such purpose. When the board estimates the rea…

Any zoning regulation that pertains to an animal feeding operation, as defined in section 58-03-11.1, is not effective until filed with the department of environmental quality for inclusion in the central repository established under section 23.1-01-10.

Notwithstanding any other law, a township may not impose any requirements or restrictions pertaining to the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of seed.

1. A township that regulates the construction, erection, reconstruction, repair, or alteration of buildings and structures and issues building permits shall respond to a building permit application within sixty days of receiving the application either by approving the application…

1. A gathering of the members of a board of township supervisors to conduct an onsite inspection under this title is an exempt meeting as defined under section 44-04-17.1 if: a. The township does not have staff available that is capable of making the inspection; or b. The board o…

If a dissolved city is located in an organized township, the township may choose to maintain or vacate, under chapter 40-39, the streets and alleys in the dissolved city.

The electors of each township annually shall assemble and hold a township meeting in the month of March at the place in the township or in an adjacent township designated by the board of township supervisors. Notice of the time and place of holding the meeting must be given by th…