Title 2, Natural Resources

Route 324 (Laulau Bay Drive) and Route 325 (Kannat Table Drive). (a) Route 324 – Laulau Bay Drive. There is hereby established on the island of Saipan a new public highway to be named Route 324 also known as Laulau Bay Drive in order to connect Laulau Bay Drive to Route 31 (Isa D…

Short Title. This chapter may be cited as the Fish, Game and Endangered Species Act. Source: PL 2-51, § 1. Commission Comment: PL 2-51 took effect October 19, 1981; see also 1 CMC § 2661, establishing the Division of Fish and Wildlife within the Department of Natural Resources. P…

Definitions. For purposes of this chapter, the term: (a) “Chief” means the Chief of the Division of Fish and Wildlife; (b) “Critical habitat” means a specific area within or subject to the jurisdiction of the Commonwealth, occupied by and essential to the conservation of an endan…

Division of Fish and Wildlife: Conservation Officers. (a) With the approval of the director, the chief shall designate and provide with official identification one or more employees assigned to the division as conservation officers who shall have direct responsibility for the enf…

Director of Fish and Wildlife: Powers and Duties. (a) The protection of fish, game, and endangered and threatened species is vested exclusively in the department. (b) In addition to any other power or duty provided in this chapter or otherwise provided by law, the director may: (…

Interagency Cooperation. Any department, agency, public corporation, or other instrumentality of the Commonwealth which plans to conduct, permit, or license any activity involving commercial fishing or hunting, or which otherwise adversely affects any fish, game, or endangered or…

Intergovernmental Cooperation. (a) The Commonwealth hereby assents to the provisions of the Federal Aid in Wildlife Restoration Act (16 U.S.C. § 669 et seq.) and the Fish Restoration and Management Projects Act (16 U.S.C. § 777 et seq.). (b) The department is designated as the “s…

Fish and Game Conservation Fund. There is established in the Commonwealth Treasury a “Fish and Game Conservation Revolving Fund” (hereafter referred to in this chapter as the “fund”), more specifically described as sub-account numbers 6045 (Saipan), 6046 (Tinian) and 6047 (Rota),…

Endangered and Threatened Species. (a) (1) The director shall, by regulation, determine whether any species should be designated as an endangered species or a threatened species, taking into consideration the status of its habitat or range, its utilization by man for various purp…

Enforcement, Remedies, and Penalties. (a) The chief, pursuant to regulations issued by the director, shall have the power to issue any necessary order to enforce any regulation issued under this chapter, and the terms of any license or permit issued pursuant to this chapter. The …

Short Title. This division may be cited as the Commonwealth Uniform Condominium Act. Source: PL 3-86, § 1-101. Commission Comment: PL 3-86 took effect December 14, 1983. The Uniform Condominium Act was approved by the National Conference of Commissioners on Uniform State Laws in …

Applicability. (a) This division applies to all condominiums created within this Commonwealth after December 14, 1983. (b) This division does not apply to condominiums or units located outside this Commonwealth, but the public offering statement provisions set forth in 2 CMC §§ 6…

Definitions. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this division: (a) “Additional real estate” means real estate that may be added to a flexible condominium. (b) “Affiliate of a declarant” means any person …

Variation by Agreement. Except as expressly provided in this division, provisions of this division may not be varied by agreement, and rights conferred by this division may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the lim…

Separated Titles and Taxation. (a) Except as provided in subsection (b) of this section, each unit together with its common element interest constitutes for all purposes a separate parcel of real estate. (b) If there is a unit owner other than a declarant, each unit together with…

Applicability of Local Ordinances, and Building Codes. A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a phy…

Eminent Domain. (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit own…

Supplemental General Principles of Law Applicable. The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, mis…

Construction Against Implicit Repeal. This division being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. Source: PL 3-86, § 1-1…

Uniformity of Application and Construction. This division shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this division among this Commonwealth and the states enacting it. Source: PL 3-86, § 1-110.

Severability. If any provision of this division or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this division which can be given effect without the invalid provisions or application, and…

Unconscionable Agreement or Term of Contract. (a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionab…

Obligation of Good Faith. Every contract or duty governed by this division imposes an obligation of good faith in its performance or enforcement. Source: PL 3-86, § 1-113.

Remedies To Be Liberally Administered. (a) The remedies provided by this division shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may n…

Short Title. This chapter may be cited as the Building Safety Code. Source: PL 6-45, § 1 (§ 7101). Commission Comment: PL 6-45 took effect February 2, 1990.

Purpose. The purpose of this building safety code is to secure and promote the safety, health and general welfare of the people of the Northern Marianas by providing standards for the location, design, material, construction, enlargement, maintenance, use, occupancy, and moving o…

Definitions. As used in this chapter: (a) “Building” means any structure used or intended for supporting or sheltering any use or occupancy. Unless the context clearly requires a different meaning, the word “building” shall be construed as if followed by the words “or part or par…

Applicability of the Code. (a) General. This code shall apply to the location, design, material, construction, enlargement, maintenance, use, occupancy, and moving of any building or structure within the Commonwealth 180 days after February 2, 1990, except as exempted in this sec…

Authority to Modify the Code. [Repealed.] [Effective 180 days after Dec. 19, 2019, this section is repealed.] Source: PL 6-45, § 1 (§ 7114); amended by PL 8-7, § 4; repealed by PL 2114, § 2 (Dec. 19, 2019). Commission Comment: [Historical comments removed.] In addition to severab…

Alternate Materials and Methods of Construction. [Repealed.] [Effective 180 days after Dec. 19, 2019, this section is repealed.] Source: PL 6-45, § 1 (§ 7115); repealed by PL 21-14, § 2 (Dec. 19, 2019). Commission Comment: PL 21-14, § 8, provided a delayed effective date for the …

Testing to Prove Compliance. (a) Whenever there is insufficient evidence that any material or any construction method meets the requirements of this safety code, or in order to prove claims for alternate materials or methods of construction, the building safety official may requi…

Survey and Record of Buildings. (a) As the building safety official receives requests for use, occupancy, expansion, improvement, and repair and, as funding permits, additional surveying, within three years from February 2, 1990, the building safety official shall conduct a surve…

Establishment of the Building Safety Division. There is in the Department of Public Works a Building Safety Division. The Building Safety Division shall be headed by a division chief known as the building safety official. The building safety official shall be a registered archite…

Powers and Duties of the Building Safety Official. (a) General. The building safety official shall educate the public concerning the building safety code and shall enforce all of its provisions. (b) Deputies. In accordance with prescribed procedures, the building safety official …

Restrictions on Employees. No employee of the Building Safety Division, or other officer of the Commonwealth government engaged in administering or enforcing the provisions of this safety code, shall, during the term of his or her employment, be engaged directly or indirectly in …

Unsafe Buildings or Structures. (a) All buildings or structures to which this safety code applies which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, as determined by this safety code, ar…

Building Safety Code Appeals Board. [Repealed.] [Effective 180 days after Dec. 19, 2019, this section is repealed.] Source: PL 6-45, § 1 (§ 7125); amended by PL 8-8, § 3; repealed by PL 2114, § 2 (Dec. 19, 2019). Commission Comment: PL 21-14, § 8, provided a delayed effective dat…

Violations of the Code. (a) It shall be unlawful for any person, firm or corporation to construct, enlarge, move, equip, use, occupy or maintain any building or structure, or cause to permit the same to be done, in violation of any provisions of this building safety code. If a vi…

Building Permits. (a) Developer Tax; Permits Required. Except as exempted by this code, before a person commences construction, enlargement, or removal of any building or structure, or engages in new development as defined by law, such person shall first pay any applicable develo…

Required Fees. (a) Permit Fees. (1) The building safety official may charge and collect reasonable fees for building permit applications, plan review inspections, and other procedures authorized under the provisions of this code. The fees shall be established by the building safe…

Inspection. All construction or work for which a permit is required shall be subject to inspection by the building safety official. Any inspection requested by a permittee shall be conducted by the building safety official within 48 hours of the request. Source: PL 6-45, § 1 (§ 7…

Restriction on Issuance of Occupancy Permit. The Building Safety Division shall not issue an occupancy permit to a developer as defined by 4 CMC § 1932 except as provided in 4 CMC § 1936(c) relating to payment of the developer tax. Source: PL 8-23, § 10; amended by PL 11-37, § 3.…

General. The purpose of this article is to set forth the technical procedures, requirements and minimum standards which shall regulate and control the design, construction, enlargement, quality of materials, use and occupancy, location, removal, and maintenance of all buildings a…

International Building Code Adopted. [Effective 180 days after Dec. 19, 2019, this section shall read as follows:] (a) The International Building Code (IBC) as published by the International Code Council, is hereby adopted and enacted as the building code for the Commonwealth of …

CABO Code Adopted. [Repealed.] [Effective 180 days after Dec. 19, 2019, this section is repealed.] Source: PL 6-45, § l (§ 7143); repealed by PL 21-14, § 2 (Dec. 19, 2019). Commission Comment: PL 21-14, § 8, provided a delayed effective date for the repeal of this section. See th…

Adoption of Other Codes; Modifications of Existing Codes. [Effective 180 days after Dec. 19, 2019, this section shall read as follows:] (a) The building safety official may adopt, as appropriate for the Northern Mariana Islands, other national and uniform codes and standards, or …