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.
SB 2027 revises North Dakota law governing floodplain management by counties, cities, and townships. The bill authorizes counties and townships to undertake floodplain management under chapter 61-16.2 and requires them, if they do so, to adopt floodplain management ordinances covering their jurisdiction, subject to exceptions for areas within a city’s zoning jurisdiction and within Indian country. It also clarifies that a county or city does not have to activate its broader zoning authority before adopting a floodplain management ordinance, and it ties floodplain management to emergency management and flood control powers in related chapters.
The bill also creates a statewide administrative framework for tracking local floodplain authority. The Department of Water Resources must maintain a public central repository containing local floodplain ordinances, agreements, and annual certifications, and local governments must report whether they are exercising floodplain management authority. The bill updates definitions in chapter 61-16.2 to better define floodplain management, floodplain management ordinances, and related terms, including Indian country, and it adds enforcement and indemnification provisions for townships that shift authority back to counties after previously managing floodplain matters themselves.
SB 2027 amends multiple chapters of the Century Code to expand and clarify local government authority over floodplain regulation, especially for counties and townships, while preserving city authority within city zoning jurisdictions. It changes the legal framework for local land-use regulation by allowing floodplain management ordinances to be adopted independently of activating general zoning powers, and it requires local reporting to the Department of Water Resources. The bill also creates a publicly accessible repository of floodplain-related ordinances and certifications, which increases state oversight and transparency for communities participating in the National Flood Insurance Program.
The bill appears to have been broadly supported. It passed the Senate unanimously and the House with a strong majority, indicating general legislative agreement with clarifying and modernizing local floodplain management authority. The vote pattern suggests the measure was viewed as a technical but important update to local government powers and floodplain administration rather than a highly controversial policy change.
The main points of potential contention are structural rather than ideological: how floodplain authority is allocated among counties, cities, and townships; whether townships should have exclusive authority once they opt in; and how authority can be transferred back to counties. The bill also carefully excludes Indian country and city zoning jurisdictions from local floodplain ordinances, which reflects jurisdictional limits that may be sensitive in practice. Another possible concern is the indemnification requirement for townships that relinquish authority, which shifts liability for prior noncompliance and could affect county-township negotiations.