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, while establishing 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 for animal feeding operations based on the size and type of operation.

Significant changes include the introduction of an odor footprint tool developed by the agriculture commissioner, which will guide the adjustment of setback distances based on odor annoyance percentages, capped at ninety-four percent. Additionally, the bill outlines a petition process for individuals intending to construct animal feeding operations, ensuring compliance with zoning regulations and establishing timelines for county or township responses. It also restricts boards from imposing excessive regulations or fees on animal feeding operations, while providing for the recovery of attorney's fees for parties challenging the validity of related ordinances or decisions. 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