The bill amends section 61-16.1-53 of the North Dakota Century Code, which pertains to the removal of noncompliant dikes, dams, or other water-related devices. It establishes a process for the water resource board to investigate complaints regarding unauthorized constructions. If the board finds that a dike, dam, or other device has been built in violation of regulations, it must notify the landowner by certified mail, detailing the nature of the noncompliance and the required actions. The landowner is given a minimum of fifteen days to remove the structure, after which the board may take action to remove it and assess the costs against the property.
Additionally, the bill clarifies that in cases of emergency, the board can seek an injunction from the district court to prevent further construction or to mandate removal. It also allows for the assessment of costs to be shared among multiple responsible landowners if applicable. The bill includes provisions for addressing frivolous complaints, allowing the board to impose costs on the complainant if deemed necessary. Overall, the amendments aim to streamline the enforcement process regarding unauthorized water conservation and flood control structures.
Statutes affected: PREFILED: 61-16.1-53
Enrollment: 61-16.1-53
INTRODUCED: 61-16.1-53