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 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 improperly established, 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 noncompliant structure, after which the board may take action to remove it and assess the costs against the property.

The bill also clarifies the procedures for hearings and appeals related to these matters. It allows landowners to demand a hearing within fifteen days of receiving notice, and the board must schedule a hearing within that timeframe. In emergencies, the board can seek an injunction from the district court to prevent further construction or to mandate removal. Additionally, the bill stipulates that costs associated with the removal of unauthorized structures can be assessed against the responsible landowner's property, and if multiple parties are involved, costs may be allocated proportionally. The board also has the discretion to impose costs on complainants if a complaint is deemed frivolous.

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