2013 North Dakota Century Code Title 58 Townships Chapter 58-03 Powers of Township and of Electors of the Township
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CHAPTER 58-03
POWERS OF TOWNSHIP AND OF ELECTORS OF THE TOWNSHIP
58-03-01. Powers of township.
Each township is a body corporate and has capacity:
1. To sue and be sued.
2. To purchase and hold lands within its limits and for the use of its inhabitants subject to
the powers of the legislative assembly.
3. To make such contracts and purchase and hold such personal property as may be
necessary for the exercise of its corporate or administrative powers.
4. To make such orders for the disposition, regulation, or use of its corporate property as
may be deemed conducive to the interests of its inhabitants.
58-03-02. Powers of township limited.
No township may possess or exercise any corporate powers except those enumerated in
this chapter, those specially given by law, and those necessary to the exercise of the powers
enumerated or granted.
58-03-03. Acts of township to be in corporate name.
All acts or proceedings performed by a township in its corporate capacity must be done in
the name of the township.
58-03-04. Townships provide for confinement of prisoners.
Repealed by S.L. 1979, ch. 172, § 29.
58-03-05. Notice to be given that township is providing jail.
Repealed by S.L. 1979, ch. 172, § 29.
58-03-06. Township charges and levies.
The following must be deemed township charges:
1. The compensation of township officers.
2. Contingent expenses necessarily incurred for the use and benefit of the township.
3. The moneys authorized to be raised by the vote of the township meeting for any
township purpose.
4. Each sum directed by law to be raised for any township purpose.
58-03-07. Powers of electors.
The electors of each township have the power at the annual township meeting:
1. To establish one or more pounds within the township, to determine the location of the
pounds, to determine the number of poundmasters and to choose the poundmasters,
and to discontinue pounds which have been established.
2. To select the township officers required to be chosen.
3. To direct the institution or defense of actions in all controversies in which the township
is interested.
4. To direct the raising of such sums as they may deem necessary to prosecute or
defend actions in which the township is interested.
5. To make all rules and regulations for the impounding of animals.
6. To make such bylaws, rules, and regulations as may be deemed necessary to carry
into effect the powers granted to the township.
7. To impose penalties for each offense on persons offending against any rule or
regulation established by the township.
8. To apply penalties when collected in such manner as they deem most conducive to the
interests of the township.
9. To ratify or reject recommendations offered by the board of township supervisors for
the expenditure of funds for the purpose of purchasing building sites and for the
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purchase, location, erection, or removal of any building or erection for township
purposes. No recommendation shall be adopted except by a two-thirds vote of the
electors present and voting at any annual township meeting.
To authorize and empower the board of township supervisors to purchase liquids,
compounds, or other ingredients for the destruction of noxious weeds, and sprinklers
to be used in spraying said liquids or compounds. No township shall purchase more
than two such sprinklers in any one year.
To authorize aid to a district fair association within the limits provided in title 4.
To authorize the levy of township taxes for the repair and construction of roads and
bridges and for other township charges and expenses within the limits prescribed in
title 57.
To direct the expenditure of funds raised for the repair and construction of roads within
the limits provided in title 24.
To authorize the dissolution of the township in the manner provided in this title.
To authorize the entering into a contract for fire protection as provided for in section
18-06-10.
To establish a fund for the eradication of gophers, prairie dogs, crows, and magpies.
To authorize the expenditure of township funds for weather modification activities.
To authorize the expenditure of funds to pay membership fees in county, state, and
national associations of township governments. This subsection may not be construed
to authorize a mill levy.
To support an airport or to support or create an airport authority and to levy a tax for
airport purposes within the limitations of section 57-15-37.1.
To direct the transfer of township funds to a rural fire protection district or rural fire
department for fire protection within the township.
To direct the transfer of township funds to a rural ambulance service district for
emergency medical service within the township.
To establish special assessment districts in accordance with chapter 58-18.
58-03-08. Establishment of public library and reading room.
Repealed by S.L. 1971, ch. 410, § 4.
58-03-09. Township electors shall designate public places for posting notices.
Repealed by S.L. 1977, ch. 562, § 7.
58-03-10. Township bylaws - Clerk must publish and record - On whom binding.
Bylaws made by a township do not take effect until they are published. The township clerk
shall have the bylaws published in a legal newspaper published in the township. If there is no
such newspaper, the bylaws must be published in the county's official newspaper. The clerk
shall make an entry in the township records of the time when and place where the bylaws were
published. The township bylaws duly made and published are binding upon all persons coming
within the limits of the township as well as upon the inhabitants thereof and remain in force until
altered or repealed at some subsequent township meeting.
58-03-11. Establishment of zoning districts - Uniformity.
For the purpose of promoting the health, safety, morals, or the general welfare, or to secure
the orderly development of approaches to municipalities, the board of township supervisors may
establish one or more zoning districts and within such districts may, subject to the provisions of
chapter 54-21.3 and section 58-03-11.1, regulate and restrict the erection, construction,
reconstruction, alteration, repair, or use of buildings and structures, the height, number of
stories, and size of buildings and structures, the percentage of lot that may be occupied, the
size of courts, yards, and other open spaces, the density of population, and the location and use
of buildings, structures, and land for trade, industry, residence, or other purposes. All such
regulations and restrictions must be uniform throughout each district, but the regulations and
restrictions in one district may differ from those in other districts. The board of township
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supervisors may establish institutional controls that address environmental concerns with the
state department of health as provided in section 23-20.3-03.1.
58-03-11.1. Farming and ranching regulations - Requirements - Limitations Definitions.
1. For purposes of this section:
a. "Concentrated feeding operation" means any livestock feeding, handling, or
holding operation, or feed yard, where animals are concentrated in an area that is
not normally used for pasture or for growing crops and in which animal wastes
may accumulate. The term does not include normal wintering operations for
cattle.
b. "Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
The term does not include:
(1) The production of timber or forest products; or
(2) The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.
c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
elk, fur animals raised for their pelts, and any other animals that are raised, fed,
or produced as a part of farming or ranching activities.
d. "Location" means the setback distance between a structure, fence, or other
boundary enclosing a concentrated feeding operation, including its animal waste
collection system, and the nearest occupied residence, the nearest buildings
used for nonfarm or nonranch purposes, or the nearest land zoned for residential,
recreational, or commercial purposes. The term does not include the setback
distance for the application of manure or for the application of other recycled
agricultural material under a nutrient management plan approved by the state
department of health.
2. For purposes of this section, animal units are determined as follows:
a. One mature dairy cow, whether milking or dry, equals 1.33 animal units;
b. One dairy cow, heifer, or bull, other than an animal described in subdivision a
equals 1.0 animal unit;
c. One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal
unit;
d. One cow-calf pair equals 1.0 animal unit;
e. One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4
animal unit;
f. One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1
animal unit;
g. One horse equals 2.0 animal units;
h. One sheep or lamb equals 0.1 animal unit;
i. One turkey equals 0.0182 animal unit;
j. One chicken, other than a laying hen, equals 0.008 animal unit;
k. One laying hen equals 0.012 animal unit;
l. One duck equals 0.033 animal unit; and
m. Any livestock not listed in subdivisions a through l equals 1.0 animal unit per each
one thousand pounds [453.59 kilograms] whether single or combined animal
weight.
3. A board of township supervisors may not prohibit or prevent the use of land or
buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. A regulation may not preclude the development of a concentrated feeding operation in
the township.
5. A board of township supervisors may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
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A board of township supervisors may adopt regulations that establish different
standards for the location of concentrated feeding operations based on the size of the
operation and the species and type being fed.
If a regulation would impose a substantial economic burden on a concentrated feeding
operation in existence before the effective date of the regulation, the board of township
supervisors shall declare that the regulation is ineffective with respect to any
concentrated feeding operation in existence before the effective date of the regulation.
a. A board of township supervisors may establish high-density agricultural
production districts in which setback distances for concentrated feeding
operations and related agricultural operations are less than those in other
districts.
b. A board of township supervisors may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for concentrated
feeding operations and related agricultural operations are greater than those in
other districts; provided, the low-density agricultural production districts may not
extend more than one-half mile [0.80 kilometer] from the edge of the area zoned
for residential, recreational, or nonagricultural commercial uses.
c. The setbacks provided for in this subsection may not vary by more than fifty
percent from those established in subdivision a of subsection 7 of section
23-25-11.
d. For purposes of this subsection, a "related agricultural operation" means a facility
that produces a product or byproduct used by a concentrated feeding operation.
58-03-12. Basis for township zoning regulations and restrictions.
The regulations and restrictions established in any township zoning district must be made in
accordance with a comprehensive plan with reasonable consideration as to 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. "Emergency management" means a comprehensive 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. The comprehensive
plan must be a statement in documented text setting forth explicit goals, objectives, policies,
and standards of the jurisdiction to guide public and private development within its control.
58-03-13. Township zoning commissions - Membership - Reports and
recommendations - District boundaries - Hearings - Notice.
The board of township supervisors of a township desiring to avail itself of the powers
conferred by sections 58-03-11 through 58-03-15 shall establish, by resolution, a township
zoning commission to recommend the boundaries of the various township zoning districts and
appropriate regulations and restrictions to be established therein. Membership of the
commission must consist of three township supervisors and two members appointed from the
municipalities concerned in relation to which the zoning is contemplated. Where the area to be
regulated and restricted is situated in two or more townships, a joint zoning commission may be
established. Membership of a joint zoning commission must consist of two township supervisors
from each township and two members from the municipality in relation to which the zoning is
contemplated. A zoning commission shall make a preliminary report and hold public hearings
before submitting its final report and recommendations to the board or boards of township
supervisors. The board or boards of township supervisors may establish, and from time to time
change, the boundaries of township zoning districts and establish, amend, supplement, and
enforce regulations and restrictions in the districts. No regulation, restriction, or boundaries
become effective until after a public hearing at which parties in interest and citizens have an
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opportunity to be heard. At least fifteen days' notice of the time and place of the hearing must be
published in the official newspaper of the county and also in the official newspaper of the
municipality in relation to which the zoning action is taken, if in the municipality an official
newspaper other than the official newspaper of the county is published. The description of any
land within any zoning district established by a zoning commission together with any regulations
and restrictions established must be filed with the governing bodies of the township and
municipalities concerned, and if amendments are made to the boundaries of the zoning district
or the regulations or restrictions, the amendments must be filed in the same manner. A zoning
commission established under this section and a board of township supervisors shall state the
grounds upon which any request for a zoning amendment or variance is approved or
disapproved, and written findings upon which the decision is based must be included within the
records of the commission or board.
58-03-14. Violation of zoning regulations and restrictions - Remedies - Penalties.
1. If any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or if any building, structure, or land is used, in violation of
any regulation or restriction made under the authority conferred by sections 58-03-11
through 58-03-15, the proper local authorities of the township or of the municipality in
relation to which such zoning regulation or restriction is established, or any affected
citizen or property owner, in addition to other remedies, may institute any appropriate
action or proceeding:
a. To prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use;
b. To restrain, correct, or abate such violations;
c. To prevent the occupancy of the building, structure, or land; or
d. To prevent any illegal act, conduct, business, or use in or about such premises.
2. If after reasonable notice and opportunity for hearing by the board of township
supervisors, a property owner fails to bring a building or structure or the use of land
owned by that person into compliance with a regulation or restriction made under
sections 58-03-11 through 58-03-15, in addition to any other remedies, the board of
township supervisors may impose a civil penalty of up to two thousand dollars annually
against the property owner and the property. The board of township supervisors may
also assess the property owner for all costs of the township in bringing the property
into compliance or in instituting and prosecuting any appropriate action or proceeding
under this section. Any civil penalty or assessment of costs, or both, against a property
owner constitute a lien on the property and must be charged against the property and
become a part of the taxes against the property for the ensuing year and must be
collected in the same manner as other real estate taxes are collected and placed to
the credit of the township.
58-03-15. Appeals.
Appeals from any rule, restriction, or decision of the board of township supervisors may be
made to the district court of the county in which such township lies. Appeals must be taken in
accordance with the procedure provided in section 28-34-01. Upon a showing that any rule,
restriction, or decision of the board of township supervisors is unreasonable under the
circumstances or contrary to the intent of sections 58-03-11 through 58-03-15, any such rule,
restriction, or decision may be set aside or reversed.
58-03-15.1. Highways - Roads.
Sections 58-03-11 through 58-03-15 do not include any power relating to the role of the
board of township supervisors in the establishment, repair, or maintenance of highways or
roads.
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58-03-16. Real property transfers.
Every township may convey, sell, or dispose of real property of the township upon
recommendation by the board of township supervisors and upon approval by the township
electors at the annual meeting or at a special meeting called for such purpose. When the board
estimates the real property to be of a value of less than one thousand dollars, it may be sold at
private sale, but in all other cases such property may be sold only at public sale. A notice
containing a description of the property to be sold and designating the place where and the day
and hour when the sale will be held must be published in the official county newspaper once
each week for two consecutive weeks with the last publication being at least ten days prior to
the date set for the sale. The township electors shall determine and the notice must specify
whether the bids are to be received at auction or as sealed bids. The property advertised must
be sold to the highest bidder if that bid is deemed sufficient by a majority of the township
supervisors.
58-03-17. Regulation of concentrated animal feeding operations - Central repository.
1. Any zoning regulation that pertains to a concentrated animal feeding operation and
which is promulgated by a township after July 31, 2007, is not effective until filed with
the state department of health for inclusion in the central repository established under
section 23-01-30. Any zoning regulation that pertains to a concentrated animal feeding
operation and which was promulgated by a county or a township before August 1,
2007, may not be enforced until the regulation is filed with the state department of
health for inclusion in the central repository.
2. For purposes of this section:
a. "Concentrated animal feeding operation" means any livestock feeding, handling,
or holding operation, or feed yard, where animals are concentrated in an area
that is not normally used for pasture or for growing crops and in which animal
wastes may accumulate, or in an area where the space per animal unit is less
than six hundred square feet [55.74 square meters]. The term does not include
normal wintering operations for cattle.
b. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, and
fur animals raised for their pelts.
58-03-18. Limitation on authority - Seed.
Notwithstanding any other law, a township may not impose any requirements or restrictions
pertaining to the registration, labeling, distribution, sale, handling, use, application,
transportation, or disposal of seed.
58-03-19. Building permit - Decision within sixty days of application.
1. A township that regulates the construction, erection, reconstruction, repair, or alteration
of buildings and structures and issues building permits shall respond to a building
permit application within sixty days of receiving the application either by approving the
application and delivering the building permit or by providing the applicant written
notice of the grounds for rejection of the application.
2. If the building or structure for which a permit is requested meets all applicable zoning
regulations and the board of township supervisors or other appropriate official fails to
respond as required under subsection 1, the application is deemed to be approved
and the applicant may proceed with the construction, erection, reconstruction, repair,
or alteration of the building or structure and the township shall return any permit fee
submitted with the application.
3. A township's building permit application form must include a statement that if the
building or structure for which the permit is requested meets all applicable zoning
regulations and the board of township supervisors or other appropriate official fails to
respond within sixty days of receiving the application, the application is deemed
approved. Upon receipt of a building permit application, a township shall note on the
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application the date of receipt and shall provide a copy of the submitted application to
the applicant with the date of receipt noted.
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