21.0979.02000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2323
of North Dakota
Introduced by
Senator Heitkamp
Representative Magrum
1 A BILL for an Act to create and enact a new section to chapter 11-09.1, a new section to chapter
2 11-33, a new section to chapter 40-05, and a new section to chapter 40-05.1 of the North
3 Dakota Century Code, relating to the zoning authority of counties and cities with respect to
4 abortion facilities.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. A new section to chapter 11-09.1 of the North Dakota Century Code is created
7 and enacted as follows:
8 Limitation on authority - Zoning - Abortion facility.
9 Notwithstanding any other provision of law, the governing body of a county may not
10 authorize an abortion facility as defined in section 14-02.1-02 to be located within thirty miles
11 [48.28 kilometers] of a property line of a pre-existing public or private school. If a pre-existing
12 abortion facility attempts to expand or otherwise rebuild, the governing body shall deny the
13 request for a permit as a nonconforming use of the property.
14 SECTION 2. A new section to chapter 11-33 of the North Dakota Century Code is created
15 and enacted as follows:
16 Limitation on authority - Zoning - Abortion facility.
17 Notwithstanding any other provision of law, the governing body of a county may not
18 authorize an abortion facility as defined in section 14-02.1-02 to be located within thirty miles
19 [48.28 kilometers] of a property line of a pre-existing public or private school. If a pre-existing
20 abortion facility attempts to expand or otherwise rebuild, the governing body shall deny the
21 request for a permit as a nonconforming use of the property.
22 SECTION 3. A new section to chapter 40-05 of the North Dakota Century Code is created
23 and enacted as follows:
24 Limitation on authority - Zoning - Abortion facility.
Page No. 1 21.0979.02000
 Sixty-seventh
Legislative Assembly
1 Notwithstanding any other provision of law, the governing body of a city may not authorize
2 an abortion facility as defined in section 14-02.1-02 to be located within thirty miles [48.28
3 kilometers] of a property line of a pre-existing public or private school. If a pre-existing abortion
4 facility attempts to expand or otherwise rebuild, the governing body shall deny the request for a
5 permit as a nonconforming use of the property.
6 SECTION 4. A new section to chapter 40-05.1 of the North Dakota Century Code is created
7 and enacted as follows:
8 Limitation on authority - Zoning - Abortion facility.
9 Notwithstanding any other provision of law, the governing body of a city may not authorize
10 an abortion facility as defined in section 14-02.1-02 to be located within thirty miles [48.28
11 kilometers] of a property line of a pre-existing public or private school. If a pre-existing abortion
12 facility attempts to expand or otherwise rebuild, the governing body shall deny the request for a
13 permit as a nonconforming use of the property.
Page No. 2 21.0979.02000