The bill amends section 61-16.1-53 of the North Dakota Century Code, which pertains to the removal of noncomplying dikes, dams, or other water conservation 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 noncompliance and the required actions. The landowner has the right to request a hearing within fifteen days of receiving the notice. If the device is not removed within the specified timeframe, the board is authorized to remove it and assess the costs against the landowner's property.

Significant changes in the bill include the deletion of specific thresholds for the volume of water that a dike or dam must be capable of retaining to fall under these regulations, which previously included references to fifty and twenty-five acre-feet for different hazard levels. The bill also clarifies the process for assessing costs related to the removal of unauthorized structures, allowing for pro rata assessments if multiple landowners are involved. Additionally, it grants the board the authority to seek an injunction in emergencies to prevent further construction or to mandate removal of the noncompliant structures.

Statutes affected:
INTRODUCED: 61-16.1-53
PREFILED: 61-16.1-53