North Dakota Statewide Rule
North Dakota Soil Conservation District Erosion Control Regulations
Key Facts
- Governing law
- N.D.C.C. chapter 4.1-20
- Enforcing body
- Soil conservation district supervisors
- Ordinance approval
- Two-thirds of voting electors
- Required practices
- Terracing, contour cultivation, land retirement
- Noncompliance
- District does work, bills landowner
Summary
North Dakota erosion control runs through soil conservation districts under N.D.C.C. chapter 4.1-20. Districts can adopt binding land-use regulations, terracing, contour cultivation, retiring highly erosive cropland, but only after two-thirds of the qualified electors voting on the ordinance approve it.
Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures. ... Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be controlled adequately if cultivation is carried on.
Full Breakdown
The state soil conservation committee and locally elected district supervisors administer chapter 4.1-20. Under section 4.1-20-28, adopted regulations impose engineering works such as terraces, check dams, dikes, and ditches, require contour cultivating and stripcropping, and force retirement of highly erosive cropland from cultivation. An ordinance takes effect only after two-thirds of the qualified electors voting on the question approve it (section 4.1-20-27). Supervisors enforce the rules, enter land to inspect compliance under section 4.1-20-31, and under section 4.1-20-32 perform required work themselves and charge the costs and expenses to a landowner who fails to comply.
Violations & Penalties
A landowner who ignores an adopted land-use regulation faces a hearing before the district supervisors, who then perform the required erosion-control work and bill the costs and expenses to that landowner under section 4.1-20-32.
Frequently Asked Questions
Does North Dakota require every landowner to control erosion?
What can a district's erosion regulations require?
Who enforces the rules?
Sources
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