The bill amends sections 11-33-02.1 and 58-03-11.1 of the North Dakota Century Code, focusing on the regulation of odors and zoning authority concerning animal feeding operations in counties and townships. Key provisions include the definition of "animal feeding operation," which specifies conditions under which animals are confined and fed, and the establishment of setback distances from occupied residences and other non-agricultural structures. The bill allows county and township boards to adopt regulations that differentiate standards based on the size and type of animal feeding operations, while also introducing the concept of high-density and low-density agricultural production districts with varying setback requirements.
Significant changes include the stipulation that boards of county commissioners and township supervisors cannot prohibit the development of animal feeding operations or impose regulations that would create a substantial economic burden on existing operations. New provisions also require that if a board does not object to a petition for an animal feeding operation within sixty days, the operation is deemed compliant with zoning regulations. Additionally, the bill introduces an "odor footprint tool" to assess setback distances based on odor annoyance levels, limiting the acceptable annoyance-free percentage to ninety-four percent. The act is set to take effect on August 1, 2026.
Statutes affected: INTRODUCED: 11-33-02.1, 23.1-06-15, 58-03-11.1
Prepared by the Legislative Council staff for Senator Luick: 11-33-02.1, 58-03-11.1
FIRST ENGROSSMENT: 11-33-02.1, 58-03-11.1
Enrollment: 11-33-02.1, 58-03-11.1