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HB 1041 North Dakota House · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact section 61-16.1-53 of the North Dakota Century Code, relating to removal of a noncomplying dike, dam, or other device.

HB 1041 amends North Dakota's legal code to update procedures for removing noncompliant water control structures like dikes or dams. It directly affects property owners who maintain such devices that fail to meet safety or regulatory standards. This procedural bill modifies the existing legal framework for removal requests without altering the core requirements for compliance.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Jan 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 7, 2025 Signed Mar 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED → Enrollment · 5 edits
MODERATE
This bill amends the North Dakota Century Code to provide a streamlined process for the water resource board to remove unauthorized dikes, dams, or water control devices. The changes add formal notice requirements, establish a 15-day timeline for removal or hearing requests, and authorize the board to assess removal costs against responsible landowners. The bill also clarifies procedures for handling frivolous complaints and multi-party responsibility.
Scope change
The bill applies to unauthorized water control structures that can retain or divert more than 50 acre-feet of water (or 25 acre-feet for medium/high hazard dams), expanding the board's enforcement authority over noncompliant structures.
REQUIREMENT

Added mandatory certified mail notice requirements for landowners when unauthorized structures are identified, including specific details about noncompliance and removal timelines.

TIMELINE

Established a minimum 15-day period for landowners to remove unauthorized structures or request a hearing before the board can enforce removal.

ENFORCEMENT

Authorized the water resource board to immediately seek court injunctions in emergency situations to stop construction or maintenance of unauthorized structures.

FISCAL

Added authority for the board to assess removal costs against responsible landowners' property, including pro-rata allocation when multiple parties are responsible.

DEFINITION

Clarified that costs for frivolous complaints may be assessed against the complainant at the board's discretion.

Floor votes · Senate Mar 10, 2025 · House Jan 17, 2025

How they voted

43–2
Passed · 2 other
Total votes 47
Mar 10, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
38 Yea 2 Nay 2
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
7
Committee
4
Mar 19, 2025
Introduced
Filed with Secretary Of State 03/18
legislature
Mar 18, 2025
Signed into law
Signed by Governor 03/17
lower
Mar 10, 2025
Upper · Passed
Second reading, passed, yeas 43 nays 2
upper
Mar 7, 2025
Upper · Passed
Reported back, do pass, place on calendar 7 0 0
upper
Feb 20, 2025
Upper · Passed
Committee Hearing 09:00
upper
Feb 5, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
upper
Jan 17, 2025
Lower · Passed
Second reading, passed, yeas 90 nays 0
lower
Jan 16, 2025
Lower · Passed
Reported back, do pass, place on calendar 13 0 0
lower
Jan 16, 2025
Lower · Passed
Committee Hearing 09:00
lower
Jan 7, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.