Environment

SB 2325 requires property owners granting nonfederal easements on North Dakota wetlands to first obtain a verified "ordinary high water mark" determination from the Department of Water Resources or a federal agency. Existing easements granted before August 1, 2025, must also get this verification by that date. Easement holders must record the easement, water mark determination, and a map with the county recorder. If water levels exceed the marked high water level, the easement holder is liable for civil damages to affected crops, roads, rail infrastructure, or private property.

This concurrent resolution (SCR 4012) from the North Dakota legislature urges Congress to permit the use of M-44 sodium cyanide devices on private land. It directly affects livestock producers and wildlife management programs by seeking to allow these devices to control predators that threaten livestock and endangered species. The resolution states that when used with landowner permission and safety measures (like warning signs), the devices pose no occupational risk to humans. As a non-binding request to Congress, it does not change current law but asks for legislative action to permit their use on private property.

SCR 4002 is a North Dakota legislative resolution urging Congress to create a law allowing landowners to end permanent easements held by the U.S. Fish and Wildlife Service (FWS) on their property. It specifically targets landowners with FWS easements covering over one million acres of agricultural land in North Dakota, where the resolution states federal regulations restrict activities like farming and ranching. The key mechanism proposed would let landowners terminate these easements by paying the FWS the easement's value as of the date it was established. This resolution seeks to address concerns that perpetual FWS easements infringe on private property rights under North Dakota law.

HB 1611 requires North Dakota's legislative management to conduct a study during the 2025-26 interim on environmental and public health risks from oil and chemical spills on state highways within the Fort Berthold Reservation. The study must include input from the Three Affiliated Tribes, the Department of Environmental Quality, and the Department of Health and Human Services. It mandates that the legislative management report findings, recommendations, and any needed legislation to the next legislative assembly. The bill directly affects tribal communities and state agencies managing highway safety and environmental risks on reservation lands. (Note: The bill failed to pass in February 2025, but the summary describes its intended purpose.)