SB 2027 — Relating to floodplain management powers and ordinances for counties, cities, and townships; and to amend and reenact subsection 2 of section 11‑33‑03, subsection 67 of section 40‑05‑01, subsection 2 of section 40‑47‑03, and sections 58‑03‑12 and 61‑16.2‑02 of the North Dakota Century Code, relating to county, city, and township floodplain management ordinances and to provide definitions.

25.0338.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2027 Introduced(Legislative byManagement) Legislative Management (Agriculture and Natural Resources Committee) AAN BILLACT for an Act to create and enact a new section to chapter 11-11, a new subsection to section 11-11-14, a new section to chapter 40-05, a new section to chapter 58-06, a new subsection to section 58-06-01, and a new section to chapter 61-16.2 of the North Dakota Century Code, relating to floodplain management powers and ordinances for counties, cities, and townships;

Page(2) No.Dependent Indian communities within this state whether within the original or subsequently acquired territory of the state;

1 25.0338.03000 Sixty-ninth Legislative Assembly (2) Dependent Indian communities within this state whether within the original or subsequently acquired territory of the state;

If a board of township supervisors undertakes floodplain management under this section, the board of township supervisors shall enact a floodplain management ordinance applying to all persons and property within the boundaries of the township, except for persons and property within a city'sS. zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of Indian country.

B.

NO.

2027 - PAGE 2 city's zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of Indian country.

The relinquishment of authority may not become effective sooner Pagethan No.sixty days after the board of township supervisors delivers a written notice of proposed relinquishment to the appropriate board of county commissioners.

2 25.0338.03000 Sixty-ninth Legislative Assembly than sixty days after the board of township supervisors delivers a written notice of proposed relinquishment to the appropriate board of county commissioners.

"Emergency management" means a comprehensive Pageintegrated No.system at all levels of government and in the private sector which provides for the development and maintenance of an effective capability to mitigate, prepare for, respond to, and recover from known and unforeseen hazards or situations, caused by an act of nature or man, which may threaten, injure, damage, or destroy lives, property, or our environment.

3 25.0338.03000 Sixty-ninth Legislative Assembly integrated system at all levels of government and in the private sector which provides for the development and maintenance of an effective capability to mitigate, prepare for, respond to, and recover from known and unforeseen hazards or situations, caused by an act of nature or man, which may threaten, injure, damage, or destroy lives, property, or our environment.

To acquire, construct, maintain, operate, finance, and control flood control projects, both within and adjacent to such municipality, and for such purpose to acquire the necessary real propertyS. and easements therefor by purchase and eminent domain, in accordance with chapter 32-15, and to adopt such ordinances as may reasonably be required to regulate the same.

B.

NO.

2027 - PAGE 3 property and easements therefor by purchase and eminent domain, in accordance with chapter 32-15, and to adopt such ordinances as may reasonably be required to regulate the same.

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SECTIONS. 7.

B.

NO.

2027 - PAGE 4 SECTION 7.

The regulations and restrictions established in any township zoning district must be made in accordance with a comprehensive plan with reasonable consideration as to Pagethe No.character of such district, its peculiar suitability for particular uses, the normal growth of the municipality, and the various types of occupations, industries, and land uses within the area, and must be designed to facilitate traffic movement, encourage orderly growth and development of the municipality and adjacent areas, promote health, safety, and general welfare, and provide for emergency management, including and subject to floodplain management as provided under section 8 of this Act.

5 25.0338.03000 Sixty-ninth Legislative Assembly the character of such district, its peculiar suitability for particular uses, the normal growth of the municipality, and the various types of occupations, industries, and land uses within the area, and must be designed to facilitate traffic movement, encourage orderly growth and development of the municipality and adjacent areas, promote health, safety, and general welfare, and provide for emergency management, including and subject to floodplain management as provided under section 8 of this Act.

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4.S.

B.

NO.

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7 25.0338.03000 Sixty-ninth Legislative Assembly 7.

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8B. 25.0338.03000 Sixty-ninth Legislative Assembly c.

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9B. 25.0338.03000

NO.

2027 - PAGE 7 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.