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. It clarifies definitions related to animal feeding operations, farming, ranching, and livestock, and establishes that boards of county commissioners and township supervisors cannot prohibit the development of animal feeding operations or the normal incidents of farming and ranching. The bill also allows for the establishment of high-density and low-density agricultural production districts with specific setback distances, which can be adjusted based on an odor footprint tool developed by the agriculture commissioner, with a maximum odor annoyance free percentage of ninety-four percent.

Additionally, the bill introduces a petition process for individuals intending to construct animal feeding operations, requiring a determination of compliance with zoning regulations. If the board does not object within sixty days, the operation is deemed compliant. The bill restricts boards from imposing additional zoning regulations after a determination of compliance and outlines that any challenges to county or township decisions regarding animal feeding operations will result in the awarding of attorney's fees to the prevailing party. 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