AN ACT to create and enact a new section to chapter 11-11, a new subsection to section 11-11-14, a new section to chapter 40-05, a new section to chapter 58-06, a new subsection to section 58-06-01, and a new section to chapter 61-16.2 of the North Dakota Century Code, relating to floodplain management powers and ordinances for counties, cities, and townships; and to amend and reenact subsection 2 of section 11-33-03, subsection 67 of section 40-05-01, subsection 2 of section 40-47-03, and sections 58-03-12 and 61-16.2-02 of the North Dakota Century Code, relating to county, city, and township floodplain management ordinances and to provide definitions.
What changed between versions
Townships can now independently undertake floodplain management by adopting a written resolution, giving them exclusive authority over floodplain management within township boundaries.
Townships must forward written resolutions to county auditors and the Department of Water Resources for inclusion in a central repository.
Townships can relinquish floodplain management authority back to counties through a written agreement, with a minimum 60-day notice period before effectiveness.
County auditors must certify annually by March 31st a list of jurisdictions under county floodplain management authority to the Department of Water Resources.
Added comprehensive definition of 'emergency management' to include mitigation, preparation, response, and recovery from natural or man-made hazards.
Added definition of 'flood control projects' to include floodplain management activities and acquisition/operation of flood control infrastructure.
County commissioners are authorized to enforce floodplain management ordinances and may assign enforcement duties to county officers, departments, or employees.