2015 North Dakota Century Code Title 4 Agriculture Chapter 4-22 Soil Conservation Districts Law
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CHAPTER 4-22
SOIL CONSERVATION DISTRICTS LAW
4-22-01. Policy and scope of chapter.
It is the policy of this state and within the scope of this chapter to provide for the
conservation of the soil and soil resources of this state and for the control and prevention of soil
erosion, and to preserve the state's natural resources, control floods, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of rivers, preserve wildlife, protect the
tax base, protect public lands, and protect and promote the health, safety, and general welfare
of the people of this state.
4-22-02. Definitions.
In this chapter, unless the context otherwise requires:
1. "Committee" means the state soil conservation committee.
2. "Director" means the director of the North Dakota state university extension service.
3. "District" means a governmental subdivision of this state, and a public body, corporate
and politic, organized in accordance with this chapter for the purposes, with the
powers, and subject to the restrictions provided by law.
4. "Due notice" means notice published at least twice, with an interval of at least seven
days between the two publication dates, in a newspaper or other publication of general
circulation within the appropriate area. If this type of publication of general circulation
is not available, the term means notice posted at a reasonable number of conspicuous
places within the appropriate area, the posting to include, where possible, posting at
public places where it may be customary to post notices concerning county or
municipal affairs generally. At any hearing held pursuant to due notice, at the time and
place designated in the notice, adjournment may be made from time to time without
the necessity of renewing the notice for the adjourned dates.
5. "Government" includes the government of this state, the government of the United
States, and any subdivision, agency, or instrumentality, corporate or otherwise, of
either of them.
6. "Land occupier" includes any person that holds title to or is in possession of any lands
lying within a district, whether living or located in a rural or urban area within the
district.
7. "Petition" means a petition filed under this chapter for the creation of a soil
conservation district.
8. "Qualified elector" means an individual who is at least eighteen years old, is a citizen
of the United States, and has resided in the precinct thirty days next preceding any
election, whether or not the individual is living in a rural or urban area.
9. "Supervisor" means one of the members of the governing body of a district, elected or
appointed in accordance with this chapter.
4-22-03. State soil conservation committee - Elective and appointive members Records and seal.
1. The committee shall perform the functions conferred upon it in this chapter within the
limits of legislative appropriations. The committee consists of seven voting members,
of whom five must be elected and two must be appointed by the governor.
2. For the purpose of electing the five elective members of the committee, the state is
divided into five areas.
a. (1) Area I includes Benson, Cavalier, Eddy, Foster, Grand Forks, Nelson,
Pembina, Ramsey, Towner, Walsh, and Wells Counties.
(2) Area II includes Barnes, Cass, Dickey, Griggs, LaMoure, Ransom, Richland,
Sargent, Steele, and Traill Counties.
(3) Area III includes Bottineau, Burke, Divide, McHenry, Mountrail, Pierce,
Renville, Rolette, and Ward Counties.
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Area IV includes Burleigh, Emmons, Kidder, Logan, McIntosh, McLean,
Morton, Oliver, Sheridan, Sioux, and Stutsman Counties.
(5) Area V includes Adams, Billings, Bowman, Dunn, Golden Valley, Grant,
Hettinger, McKenzie, Mercer, Stark, Slope, and Williams Counties.
b. One member of the committee must be elected from each of the five areas by
vote of the members of the boards of supervisors of the districts in that area.
Every voting member of a board of supervisors of a district organized under this
chapter is eligible to vote in the election for a member of the committee in the
area in which the district is located.
c. Elections must be held under rules adopted by the committee and in cooperation
with and at the time of the North Dakota association of soil conservation districts
area meetings. In those cases where the territory of a district does not lie wholly
within the boundaries of one of the five areas established under this section, the
rules must provide for the assignment of the district by the committee for the
purposes of the elections, to the area within which most of its population resides.
d. The committee shall conduct the election of members of the committee. The
election need not be held on the same dates or in the same places as the general
elections for state or local officers.
The governor shall appoint two members of the committee. The governor shall appoint
individuals who can represent those interests within the state not already represented,
or less fully represented, by one or more of the five elected members of the
committee. The governor shall attempt, so far as feasible, to make possible suitable
representation for all interests in the state in the membership of the committee,
including the interests of farmers, livestock growers, rural areas, small towns, cities,
and industry and business, recognizing that any single member of the committee may
sometimes appropriately be regarded as representing more than one of these
interests.
The committee shall invite representatives of the state association of soil conservation
districts, North Dakota state university extension service, soil conservation service,
state water commission, agriculture commissioner, and game and fish department to
serve as advisory, nonvoting members of the committee.
The term of office of every member of the committee is three years and until a
successor is elected or appointed. A member of the committee is eligible for reelection
and reappointment, but no member may serve for more than two full, successive
terms. The governor may fill a vacancy in either an elective or appointive term for the
unexpired term.
4-22-04. Committee - Chairman - Quorum - Compensation.
The committee shall meet annually and select its chairman. The chairman shall serve for a
term of one year from the date of selection. An individual may be selected as chairman for a
total of three terms. Additional meetings may be held by the committee as considered necessary
by the chairman, at a time and place to be fixed by the chairman. The chairman shall call
special meetings upon written request of any four members. The members of the committee are
entitled to receive one hundred thirty-five dollars per day as compensation for their services on
the committee, and are entitled to expenses, including traveling expenses, necessarily incurred
in the discharge of their duties on the committee, in the same manner and at the same rate as
prescribed by law for state employees and officials.
4-22-05. Employees - Legal services - Offices - State departments to cooperate with
committee.
Repealed by S.L. 1997, ch. 50, § 35.
4-22-06. Duties and powers generally.
The committee has the following duties and powers:
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To offer such assistance as may be appropriate to the supervisors of districts in the
carrying out of any of their powers and programs.
To keep the supervisors of each of the several districts informed of the activities and
experience of all other districts, and to facilitate an interchange of advice and
experience between such districts and cooperation between them.
To secure the cooperation and assistance of state, federal, regional, interstate, and
local, public, and private agencies with districts; and to facilitate arrangements under
which districts may assist or serve county governing bodies and other agencies in the
administration of any activity concerned with the conservation of natural resources.
To review agreements, or forms of agreements, proposed to be entered into by
districts with other districts or with state, federal, interstate, or other public or private
organizations, and advise the districts concerning such agreements or forms of
agreement.
To recommend to the director biennial budgets necessary to finance the activities of
the committee and districts; and to distribute moneys appropriated by the legislative
assembly for grants to soil conservation districts.
To represent the state in matters affecting soil conservation.
To require annual reports from districts.
To establish uniform accounting methods which must be used by districts, and to
establish a uniform auditing reporting system.
To receive from other state and local agencies for review and comment suitable
descriptions of their plans, programs, and activities affecting the conservation of
natural resources for purposes of coordination with district conservation programs; to
arrange for and participate in conferences necessary to avoid conflict among such
plans and programs; to call attention to omissions; and to avoid duplication of effort.
4-22-06.1. Soil conservation - Duties.
The North Dakota state university extension service shall assist the committee in performing
the committee's duties, within the limits of legislative appropriation. The director shall instruct
extension agents to cooperate in the delivery of information and services to the districts.
4-22-07. Committee to make rules governing notices, hearings, and referenda.
Repealed by S.L. 1971, ch. 94, § 25.
4-22-08. Districts - Petition - Contents - More than one petition filed.
Any twenty-five qualified electors living within the limits of the territory proposed to be
organized into a district may file a petition with the state soil conservation committee asking that
a soil conservation district be organized in the territory described in the petition. Such petition
must set forth:
1. The proposed name of the district.
2. The need for a soil conservation district to function in the territory described in the
petition.
3. A description of the territory proposed to be organized as a district.
4. A request that the state soil conservation committee duly define the boundaries for
such district, that a referendum be held within the territory so defined on the question
of the creation of a soil conservation district in such territory, and that the committee
determine that such a district be created.
When more than one petition is filed covering parts of the same territory, the state soil
conservation committee may consolidate all or any of such petitions.
4-22-09. Hearings on petitions - When held - Notice - Determinations.
Within thirty days after a petition has been filed with the state soil conservation committee, it
shall cause due notice to be given of a proposed hearing upon the question of the desirability
and necessity for the creation of such district, the appropriate boundaries to be assigned
thereto, the propriety of the petition and the other proceedings taken under this chapter, and
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upon all other questions relevant thereto. All qualified electors living within the limits of the
territory described in the petition, and of lands within any territory considered for addition to such
described territory, and all other interested parties have the right to attend and be heard at such
hearing. If it appears at the hearing that it may be desirable to include within the proposed
district territory outside of the area within which due notice of hearing has been given, the
hearing must be adjourned and notice of further hearing must be given throughout the entire
area considered for inclusion in the district, and such further hearing must be held. If the
committee determines, upon the facts presented at such hearing and upon such other relevant
facts and information as may be available, that there is need, in the public interest, for a soil
conservation district to function in the territory considered at the hearing, it shall make and
record such determination, and shall define the boundaries of such district by metes and bounds
or by legal subdivisions. In making such determination and in defining such boundaries, the
committee shall give due weight and consideration to the topography of the area considered
and of the state, the composition of soils therein, the distribution of erosion, the prevailing land
use practices, the desirability and necessity of including within the boundaries the particular
lands under consideration, the benefits such lands may receive from being included within such
boundaries, the relation of the proposed area to existing watersheds and agricultural regions,
and to other soil conservation districts already organized or proposed for organization under the
provisions of this chapter, and such other physical, geographic, and economic factors as are
relevant, having due regard to the legislative policy set forth in section 4-22-01. If the committee
determines after such hearing and due consideration of the relevant facts that there is no need
for a soil conservation district to function in the territory considered at the hearing, it shall make
and record such determination and shall deny the petition. After six months has expired from the
date of the denial of any such petition, a subsequent petition covering the same or substantially
the same territory may be filed and a new hearing held and new determinations made thereon.
4-22-10. Referendum - When held - Contents of ballot - Who may vote.
After the committee has determined the necessity for the organization of a district and has
defined the boundaries thereof, it shall hold a referendum within the proposed district upon the
proposition of the creation thereof and shall cause due notice of such referendum to be given.
The question must be submitted by ballot in substantially the following form:
Shall a soil conservation district be created embracing lands situated in the counties of
__________ and __________ and described as follows: (Here inserting description).
Yes ☐
No ☐
All qualified electors living within the boundaries of the proposed district are entitled to vote in
such referendum.
4-22-11. Publication of referendum results - Determination of practicability of
operation of district.
The committee shall publish the results of any referendum. If a majority of the votes cast in
the referendum are in favor of the creation of a district, the committee shall consider and
determine whether the operation of a district within the boundaries specified on the referendum
is administratively practicable and feasible. In making such determination, the committee shall
consider such factors, objects, and other determinations as to accomplish the policy and scope
of this chapter as set forth in section 4-22-01.
4-22-12. District determined practicable - Statement filed with secretary of state.
If the committee determines that the operation of a proposed district is administratively
practicable and feasible, it shall file with the secretary of state a certified statement indicating
and describing the boundaries of such district and the name thereof. Such statement also must
indicate the reasons for the formation of such district and the result of the referendum.
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4-22-13. District to be subdivision of state - Boundaries of district.
Upon the certification by the committee to the secretary of state as provided in section
4-22-12, the district becomes a governmental subdivision of the state and a body corporate and
politic. The secretary of state shall make and issue to the committee a certificate of the due
organization of the district under the seal of the state, and shall record such certificate with the
application and statement. The boundaries of the district include the territory as determined by
the committee, but in no event may such boundaries include any area included within the
boundaries of another soil conservation district.
4-22-14. Petition to include additional territory within existing district.
Petitions to include additional territory within an existing district may be filed with the
committee at any time, and the proceedings provided in connection with a petition to organize a
district must be observed in the case of a petition for such inclusion. Provided, however, that a
portion of a district may upon petition of a majority of the qualified electors in such portion, and
without an election, be annexed to an adjoining district, and become a part of same upon filing
such petition with the state soil conservation committee.
4-22-15. Districts presumed to be organized legally - Copy of certificates as evidence.
In any suit, action, or proceeding involving the validity or enforcement of any contract,
proceeding, or action of a district, or relating thereto, the district is deemed to have been
established in accordance with the provisions of this chapter, upon proof of the issuance of the
certificate of organization by the secretary of state. A copy of such certificate, when duly certified
by the secretary of state, is admissible in evidence in any such suit, action, or proceeding and is
proof of the filing and contents thereof.
4-22-16. Notice to file nominating petitions and of election of district supervisors.
As soon as practicable after the issuance by the secretary of state of the certificate of
organization of a soil conservation district, and before the next general election, the committee
shall give notice that nominating petitions may be filed with the county auditor, and that at the
next general election held in such district three supervisors must be elected, who must be land
occupiers of the district and who constitute the governing body of the district.
4-22-17. Nominating petitions - Petitions required - Final filing date.
Any person running for the office of supervisor shall present to the county auditor of the
county in which the district lies a petition giving that person's name and mailing address and the
title and term of the office, and containing the signatures of not less than twenty-five nor more
than three hundred qualified electors of the district. When a district lies in more than one county,
the petition must be filed with the county auditor of the county where the candidate resides, and
such county auditor shall certify to the county auditors of the other counties in which such
district lies the name and mailing address of the candidate filing such petition. At the same time,
the county auditor, or auditors in the case of multicounty districts, shall also certify to the
secretary of state the name and mailing address of each person filing a nominating petition
according to this section. No person may participate directly or indirectly in the nomination for
more than one person for each office to be filled. The final filing date for nominating petitions is
no later than sixty-four days before the day of the election and not later than four p.m. of such
day.
Upon receipt of the petition or the certification as provided in this section, the county auditor
shall without fee place the name of the candidate so nominated on the no-party ballot at the
ensuing general election.
4-22-18. Election of supervisors - Payment of expenses - Regulation of elections Eligibility of voters - Ballots.
Repealed by S.L. 1971, ch. 94, § 25.
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4-22-19. Election board - Appointment - Oath - Canvass of election.
Repealed by S.L. 1971, ch. 94, § 25.
4-22-20. Committee to canvass returns and issue certificates of election.
Repealed by S.L. 1971, ch. 94, § 25.
4-22-21. Regular election of district - When held - Regulations governing.
The regular election of soil conservation districts must be held at the same time, and at the
same place, as the general election is held. All qualified electors in the district may vote in any
regular election of the district. Any land occupier living in the district desiring to be a candidate
for the office of supervisor at a district election and who has failed to file a nominating petition
may campaign and be elected as a write-in candidate for the office.
4-22-22. Supervisors - Terms of office - Vacancies - Removal - Compensation Expenses.
At the general election to be held in 1972, three district supervisors must be elected. The
candidate receiving the largest number of votes is elected for a six-year term; the candidate
receiving the second highest number of votes is elected for a four-year term; and the candidate
receiving the third highest number of votes is elected for a two-year term. At each succeeding
general election, one supervisor must be elected for a term of six years, or until the successor is
duly elected and qualified, to each expiring or vacant term. In newly formed districts, three
supervisors must be elected at the first general election following the district's organization. The
candidate receiving the largest number of votes is elected for a six-year term; the candidate
receiving the second highest number of votes is elected for a four-year term; and the candidate
receiving the third highest number of votes is elected for a two-year term. At each succeeding
general election, one supervisor must be elected for a term of six years, or until the successor is
duly elected and qualified, to each expiring or vacant term. The county auditor of the county or
counties in which the district lies shall return to the secretary of state before four p.m. on the
tenth day following any general election a certified abstract of the votes cast in the county at the
election for each candidate for district supervisor. The secretary of state shall canvass the
returns and issue certificates of election under chapter 16.1-15.
In order to be eligible for election to the office of supervisor, candidates must be land
occupiers and physically living in the district. Candidates must be elected on a nonpartisan
ballot. In case the office of any supervisor, for any reason, becomes vacant, the remaining
members of the board of supervisors shall, with the advice and consent of the committee, fill the
vacancy by appointment. If vacancies occur in the office of two supervisors, the remaining
supervisor and the committee shall fill the vacancy; and in case the offices of all supervisors of a
district become vacant, the committee shall fill the vacancies by appointment. A supervisor
appointed to fill a vacancy holds office until the next general election. A supervisor elected to fill
a vacancy serves the balance of the unexpired term in which the vacancy occurred.
Any soil conservation district, upon resolution of the three elected supervisors, may appoint
two additional supervisors who shall serve for a term of one year from and after the date of their
appointment. Such supervisors must be appointed by a majority of the three elected supervisors
and have all the powers, voting privileges, duties, and responsibilities of elected supervisors,
except that the expense allowances of the appointed supervisors must be paid by the local soil
conservation district concerned. As far as possible, the appointed supervisors shall represent
interests within the district which are not represented by the elected supervisors.
Any supervisor of a soil conservation district may, after notice given and hearing held in
accordance with chapter 28-32, be removed from office by the committee.
The supervisors of soil conservation districts are entitled to receive, upon a majority vote of
the supervisors, up to sixty-two dollars and fifty cents for attending each regular or special
meeting or for attending other meetings or events in the performance of their official duties as
compensation for their services. Supervisors of soil conservation districts are entitled to receive
travel and subsistence expenses necessarily incurred in attending district, state, or other
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meetings. The compensation and all other expenses including travel incurred by district
supervisors while transacting district business must be paid from district funds.
4-22-22.1. Additional soil conservation district supervisors.
Repealed by S.L. 1971, ch. 94, § 25.
4-22-22.2. Soil conservation district supervisors - Training.
As soon as practicable after an individual is elected or appointed to the position of a soil
conservation district supervisor, the individual shall attend a training session delivered by the
state soil conservation committee. An individual who has attended a training session as an
elected or as an appointed soil conservation district supervisor may not be required to attend
any additional or subsequent session.
4-22-23. Supervisors may employ assistants - Attorney general and state's attorneys
to advise - Reports to committee.
The supervisors may employ necessary permanent and temporary officers, agents, or
employees, and shall determine their qualifications, duties, and compensation. The supervisors
may call upon the attorney general or the state's attorney of any county in which the district is
situated for such legal services as they may require. The supervisors may delegate to their
chairman or to any of their number such duties as they may deem proper and shall furnish to
the committee, upon request, copies of any ordinances, rules, regulations, orders, contracts, or
other documents they adopt or employ, and such other information concerning their activities as
the committee may require.
4-22-23.1. Assistance for district supervisors.
In those counties of North Dakota wherein all or a substantial part of the county has been
created and is operating as a soil conservation district under the provisions of this chapter, as
amended, the board of county commissioners may from time to time, in its discretion, and upon
the request of the supervisors of such soil conservation district, assign an employee or
employees of the county to assist the supervisors in the performance of their duties authorized
by this chapter. When soil conservation district boundaries embrace more than one county, the
county commissioners of each county may provide, in their discretion, assistance for the
supervisors. The duties of the employee or employees are under the direct supervision of the
supervisors of the soil conservation district.
4-22-24. Supervisors to provide for surety bonds, keeping records, and annual audit.
The supervisors shall provide for the execution of surety bonds for all employees and
officers who are entrusted with funds or property, for the keeping of a full and accurate record of
all their proceedings and of all resolutions, regulations, and orders issued or adopted by them,
and for an annual audit of the accounts of receipts and disbursements of the district. The surety
bonds provided for in this section may be issued by the state bonding fund.
4-22-25. Supervisors may consult representatives of county or municipality.
The supervisors may invite the legislative body of any municipality or county located near
the territory comprised within the district to designate a representative to advise and consult with
them on all questions of program and policy which may affect the property, water supply, or
other interests of such municipality or county.
4-22-26. Powers and duties of districts and supervisors.
A soil conservation district may exercise the public powers ordinarily exercised by a
governmental subdivision of the state, and the district and the supervisors thereof have the
following powers in addition to those granted in other sections of this chapter:
1. To conduct surveys, investigations, and research relating to the character of soil
erosion and the preventive and control measures needed, and to publish the results of
such surveys, investigations, or research, and to disseminate information concerning
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such preventive and control measures. To avoid duplication of research activities, no
district may initiate any research program except in cooperation with the government
of this state or any of its agencies, or with the United States or any of its agencies.
To conduct demonstrational projects within the district on lands owned or controlled by
this state or any of its agencies, with the cooperation of the agency administering and
having jurisdiction thereof, and on any other lands within the district after obtaining the
consent of the occupier of such lands or the necessary rights or interests in such
lands, to demonstrate by example the means, methods, and measures by which soil
and soil resources may be conserved and soil erosion in the form of soil blowing and
soil washing may be prevented and controlled.
To carry out preventive and control measures within the district, including engineering
operations, methods of cultivation, the growing of vegetation, and changes in use of
land, on lands owned or controlled by this state or any of its agencies, with the
cooperation of the agency administering and having jurisdiction thereof, and on any
other lands within the district upon obtaining the consent of the occupier of such lands
or the necessary rights or interest in such lands.
To cooperate or enter into agreements with, and, within the limits of appropriations
duly made available to it by law, to furnish financial or other aid to any agency,
governmental or otherwise, or any occupier of lands within the district in the carrying
on of erosion control and prevention operations within the district, subject to such
conditions as the supervisors may deem necessary to advance the purposes of this
chapter.
To obtain options upon and to acquire by purchase, exchange, lease, gift, grant,
bequest, devise, or otherwise any property, real or personal, or any rights or interest
therein; to maintain, administer, and improve any properties acquired; to receive
income from such properties, and to expend such income in carrying out the purposes
and provisions of this chapter; and to sell, lease, or dispose of otherwise any of its
property or interest therein in furtherance of the purposes and the provisions of this
chapter.
To make available, on such terms as it shall prescribe, to land occupiers, government
units or qualified electors within the district, agricultural and engineering machinery
and equipment, fertilizer, seeds and seedlings, and such other material or equipment
as will assist such land occupiers, government units or qualified electors to carry on
operations upon their lands for the conservation of soil and water resources and for
the prevention and control of soil erosion.
To construct, improve, and maintain such structures as may be necessary or
convenient for the performance of any of the operations authorized in this chapter.
To develop comprehensive plans for the conservation of soil resources and for the
control and prevention of soil erosion within the district, which plans must specify in
such detail as may be possible the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including the
specification of engineering operations, methods of cultivation, the growing of
vegetation, cropping programs, tillage practices, and changes in use of land, and to
publish such plans and information and bring them to the attention of occupiers of
lands within the district.
To take over, by purchase, lease, or otherwise, and to administer any soil
conservation, erosion control, or erosion prevention project located within its
boundaries undertaken by the United States or any of its agencies, or by this state or
any of its agencies; to manage, as agent of the United States, or any of its agencies or
of this state or any of its agencies, any soil conservation, erosion control, or erosion
prevention project within its boundaries; to act as agent for the United States or any of
its agencies or for this state or any of its agencies in connection with the acquisition,
construction, operation, or administration of any soil conservation, erosion control, or
erosion prevention project within its boundaries; to accept donations, gifts, and
contributions in money, services, materials, or otherwise from the United States or any
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of its agencies or from this state or any of its agencies, and to use or expend such
moneys, services, materials, or other contributions in carrying on its operations.
10. To sue and be sued in the name of the district.
11. To have a seal, which seal must be noticed judicially.
12. To have perpetual succession unless terminated as hereinafter provided.
13. To make and execute contracts and other instruments necessary or convenient to the
exercise of its powers; to borrow funds and pledge all or any part of any income from
the district's facilities, equipment, and operations for the repayment thereof.
14. To make, and from time to time, to amend and repeal, rules and regulations not
inconsistent with this chapter to carry into effect its purposes and powers.
15. As a condition to the extending of any benefits under this chapter to, or the
performance of work upon, any lands not owned or controlled by this state or any of its
agencies, to require contributions in money, services, materials, or otherwise to any
operations conferring such benefits, and to require land occupiers to enter into and
perform such agreements or covenants as to the permanent use of such lands as will
tend to prevent or control erosion thereon.
16. To expend moneys for education, promotion, and recognition activities consistent with
the purposes of this chapter.
17. To levy taxes as follows:
a. The supervisors may make a general fund tax levy, not exceeding two and
one-half mills, for the payment of the expenses of the district, including mileage
and other expenses of the supervisors, and technical, administrative, clerical, and
other operating expenses.
b. Immediately after the completion of the district budget and the adoption of the
annual tax levy by the district supervisors, but not later than July first, the
supervisors shall send one certified copy of the levy as adopted to the county
auditor of each county in the district.
c. The county auditor of each county in the district shall extend the levy upon the tax
list of the county for the current year against each description of real property
lying both within the county and the district in the same manner and with the
same effect as other taxes are extended.
d. The treasurer of each county in the district shall collect all district taxes together
with interest and penalty thereon in the same manner as the general taxes are
collected, and shall pay over to the soil conservation district by the tenth working
day of each month, all taxes so collected during the preceding month, with
interest and penalties collected thereon and shall immediately send notification of
such payment to the treasurer of the soil conservation district.
e. Voter-approved levy authority authorized by electors of a district under the
provisions of this section before January 1, 2015, remains in effect through
taxable year 2024 or for the time period authorized by the electors, whichever
expires first.
No provisions with respect to the acquisition, operation, or disposition of property by other public
bodies are applicable to a district unless the same specifically are made applicable by law.
4-22-27. Supervisors may formulate land use regulations for submission to qualified
electors.
The supervisors of any district may formulate regulations governing the use of lands within
the district in the interest of conserving soil and soil resources and preventing and controlling
soil erosion, and may conduct public meetings and hearings upon tentative regulations as may
be necessary to assist them in this work. The proposed regulations must be embodied in a
proposed ordinance for submission to the qualified electors in the district, and copies of the
proposed ordinance must be available for inspection by the eligible voters in the district during
the period of time between the publication of the notice of referendum upon the ordinance and
the date of the referendum.
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4-22-28. Notice of referendum - Form of ballot on referendum - Conduct of election Who may vote.
The notice of referendum on a proposed ordinance must be given in the same manner as is
provided in section 4-22-16 relating to notice of election of supervisors, and must recite the
contents of the proposed ordinance or must state where copies thereof may be examined. The
question of adoption or rejection of the proposed ordinance must be submitted by ballot at an
election to be held in the district. The ballot must be in substantially the following form:
Shall proposed ordinance number __________, prescribing land use regulations for
conservation of soil and prevention of erosion be adopted?
Yes ☐
No ☐
The supervisors shall supervise the referendum, prepare appropriate regulations governing the
conduct thereof, and publish the result of the election. The right to vote in the referendum is
limited to qualified electors living within the district. No informalities in the conduct of the
referendum or in any matters relating thereto may invalidate the referendum or the result thereof
if the notice of referendum has been given substantially as provided in this section and the
referendum has been conducted fairly.
4-22-29. Majority required to adopt ordinance - Effect of ordinance after adoption.
No ordinance will be effective unless it is approved by at least two-thirds of the voters voting
in the referendum. If a proposed ordinance is approved, the supervisors shall enact it into law.
Land use regulations prescribed in any ordinance adopted by the supervisors pursuant to this
section have the force and effect of law in the district and are binding and obligatory upon all
qualified electors living within the district.
4-22-30. What may be contained in land use regulations.
The land use regulations that may be adopted by the supervisors under the provisions of
this chapter may include:
1. 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.
2. Provisions requiring observance of particular methods of cultivation, including contour
cultivating, contour furrowing, lister furrowing, sowing, planting, stripcropping, seeding
and planting of lands to water conserving and erosion preventing plants, trees, and
grasses, forestation, and reforestation.
3. Specifications of cropping programs and tillage practices to be observed.
4. 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.
5. Provisions for such other means, measures, operations, and programs as may assist
conservation of soil and water resources and prevent or control soil erosion in the
district, having due regard to the declaration of policy set forth in section 4-22-01.
4-22-31. Regulations to be uniform - Copies furnished in district.
Land use regulations must be uniform throughout the territory comprised within the district
except that the supervisors may classify the lands within the district with reference to such
factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and
tillage practices in use, and other relevant factors, and may provide regulations varying with the
type or class of land affected but uniform as to all lands within each class or type. Copies of land
use regulations adopted under the provisions of this chapter must be printed and made
available to all qualified electors living within the district.
4-22-32. Amending, supplementing, or repealing land use regulations.
Any qualified elector living within a district at any time may file a petition with the
supervisors asking that any or all of the land use regulations prescribed in any ordinance
adopted by the supervisors under the provisions of this chapter be amended, supplemented, or
Page No. 10
repealed. Land use regulations prescribed in any such ordinance may not be amended,
supplemented, or repealed except in accordance with the procedure prescribed in this chapter
for the adoption of land use regulations. Referenda on adoption, amendment, supplementation,
or repeal of land use regulations may not be held more than once in any six-month period.
4-22-33. Supervisors to enforce land use regulations.
The supervisors may enter upon any land within the district to determine whether land use
regulations adopted under the provisions of this chapter are being observed.
4-22-34. Failure to perform land use regulations - Hearing on - Supervisors to perform
- Costs and expenses.
If the supervisors of any district find that any of the provisions of land use regulations
prescribed in any ordinance are not being observed on particular lands and that such
nonobservance tends to increase erosion on such lands and is interfering with the prevention or
control of erosion on other lands within the district, they may present to the district court a duly
verified petition setting forth the adoption of the ordinance prescribing land use regulations, the
failure of the defendant land occupier to observe such regulations and to perform particular
work, operations, or avoidances as required thereby, and that such nonobservance tends to
increase erosion on such lands and is interfering with the prevention or control of erosion on
other lands within the district, and praying the court to require the defendant to perform the
work, operations, or avoidances within a reasonable time and to order that if the defendant fails
so to perform, the supervisors may go on the land, perform the necessary work or other
operations or otherwise bring the condition of such lands into conformity with the requirements
of such regulations, and may assess the costs and expenses thereof, with interest, to the
occupier of such land. Upon the presentation of such petition, the court shall cause process to
be issued against the defendant, and shall hear the case. If it appears to the court that
testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a
referee to take such evidence as it may direct and report the evidence to the court with the
referee's findings of fact and conclusions of law. If a reference is ordered, the report of the
referee constitutes a part of the proceedings upon which the determination of the court must be
made. The court may dismiss the petition, or it may require the defendant to perform the work,
operations, or avoidances, and may provide that upon the failure of the defendant to initiate
such performance within the time specified in the order of the court and to prosecute the same
to completion with reasonable diligence, the supervisors may enter upon the lands involved and
perform the work or operations or otherwise bring the condition of such lands into conformity
with the requirements of the regulations, and may assess the costs and expenses thereof, with
interest at the rate of five percent per annum, to the occupiers of such lands. If the person in
possession of lands failing to perform such work, operations, or avoidances is other than the
owner, the owner of such lands must be joined as a party defendant, and in all cases, notice
must be given to all other interested parties in person, or by publication in the manner provided
in this chapter for publication of due notice. The court shall retain jurisdiction of the case until
the work has been completed. Upon completion of such work pursuant to the order of the court,
the supervisors may file a petition with the court, a copy of which must be served upon the
defendants in the case, stating the costs and expenses sustained by them in the performance of
the work and praying judgment therefor, with interest. The court may enter judgment for the
amount of such costs and expenses with interest at the rate of five percent per annum until paid.
The supervisors may certify to the county auditor of the county in which the district is located the
amount of such judgment, which thereafter is a lien upon such lands, and which must be
collected as taxes or assessments are collected. When such judgment is paid or collected, the
proceeds must be paid over to the district within the boundaries of which the land lies.
4-22-35. Board of adjustment - Members - Appointment - Vacancies - Compensation.
When the supervisors of any district adopt an ordinance prescribing land use regulations,
they shall provide by ordinance for the establishment of a board of adjustment to consist of
three members, each to be appointed for a term of three years, except the members first
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appointed who are appointed for terms of one, two, and three years respectively. The members
of each board of adjustment must be appointed by the committee with the advice and approval
of the supervisors of the district for which the board has been established, and are removable,
upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. A
hearing on the removal of a member of a board of adjustment must be conducted jointly by the
committee and the supervisors. A vacancy on a board of adjustment must be filled in the same
manner as an original appointment is made, and such an appointment is for the unexpired term
of the member whose term becomes vacant. Members of the committee and the supervisors of
the district are ineligible to appointment as members of the board of adjustment during their
tenure of such other office. The members of the board shall receive five dollars a day for the
time spent on the work of the board in addition to their expenses, including traveling expenses
necessarily incurred in the discharge of their duties. The supervisors shall pay the necessary
administrative and other expenses of operation incurred by the board upon the certificate of the
chairman of the board.
4-22-36. Board of adjustment - Rules - Chairman - Meetings - Quorum - Records.
The board of adjustment shall adopt rules to govern its procedure, which rules must be in
accordance with the provisions of this chapter and any ordinance adopted pursuant to this
chapter. The board shall designate a chairman from among its members and may change such
designation from time to time. Meetings of the board must be held at the call of the chairman
and at such other time as the board may determine. Any two members of the board constitute a
quorum. The chairman, or in the chairman's absence such other member of the board as the
chairman may designate to serve as acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board are open to the public. The board shall keep
a full and accurate record of all its proceedings, of all documents filed with it, and of all orders
entered by it, which record must be filed in the office of the board and is a public record.
4-22-37. Petition to board of adjustment to vary land use regulations - Service Hearing - Board's powers.
Any qualified elector living within the district may file a petition with the board of adjustment
alleging that there are great practical difficulties or unnecessary hardships in the way of the
petitioner strictly complying with the land use regulations prescribed by any ordinance, and
praying the board to authorize a variance from the terms of such land use regulations in the
application thereof to the lands occupied by the petitioner. Copies of such petition must be
served upon the chairman of the supervisors of the district within which the petitioner's lands are
located and upon the chairman of the committee. The board shall fix a time for the hearing of
the petition and shall cause due notice of such hearing to be given. The petitioner may appear
in person, by agent, or by attorney at the hearing and the supervisors and the committee may
appear and be heard. If the board determines on the facts presented at the hearing that there
are great practical difficulties or unnecessary hardships in the way of applying the strict letter of
any of the land use regulations upon the lands of the petitioner, it shall make and record such
determination and findings of fact as to the specific conditions which establish such great
practical difficulties or unnecessary hardships. Upon such findings and determination, the board
may enter an order authorizing a variance from the terms of the land use regulations in their
application to the lands of the petitioner consistent with the spirit of the land use regulations, and
with substantial justice and the public health, safety, and welfare.
4-22-38. Taking of testimony at hearing.
At the request of the board of supervisors, the testimony at a hearing conducted under the
provision of section 4-22-37 must be taken in shorthand, and the party requesting that the
testimony be taken shall pay the fees of the shorthand reporter.
Page No. 12
4-22-39. Aggrieved petitioner and supervisors may appeal to district court from order
of board - Procedure.
Any petitioner, or the supervisors of any district, aggrieved by an order of a board of
adjustment granting or denying, in whole or in part, the relief sought in any petition filed with
such board may appeal to the district court in accordance with the procedure provided in section
28-34-01. The court may grant such temporary relief as it deems just and proper, and may enter
its decree enforcing, modifying and enforcing as modified, or setting aside in whole or in part,
the order of the board. The jurisdiction of the court is exclusive, and its judgment and decree is
final except that it is subject to review in the same manner as are other judgments or decrees of
the court.
4-22-40. Cooperation between district supervisors.
The supervisors of any two or more districts organized under the provisions of this chapter
may cooperate with one another in the exercise of any or all powers conferred in this chapter.
4-22-41. State agencies to cooperate with district supervisors.
Agencies of this state having jurisdiction over any state-owned lands, and agencies of any
county or other governmental subdivision of this state having jurisdiction over any county-owned
or other publicly owned lands lying within the boundaries of any district shall cooperate to the
fullest extent with the supervisors of the district in the effectuation of programs and operations
undertaken by the supervisors under the provisions of this chapter. The supervisors have free
access to enter and perform work upon such publicly owned lands. The provisions of land use
regulations adopted pursuant to this chapter have the force and effect of law over all such
publicly owned lands and must be in all respects observed by the agencies administering such
lands.
4-22-42. Discontinuance of districts - Petition - Referendum - Eligible qualified
electors.
After the expiration of five years from the date upon which a district has been organized,
twenty-five percent of the qualified electors living within the boundaries thereof may file a
petition with the state soil conservation committee praying that the operations of the district be
terminated and the existence of the district discontinued. The committee shall then conduct
public meetings and hearings upon such petition in order to determine whether or not there is
sufficient basis for a referendum to be held. If the committee determines that there is sufficient
basis for a referendum, it shall give due notice of the holding of a referendum and shall issue
appropriate regulations governing the conduct thereof within sixty days after it has made its
determination. The question to be voted on at the referendum must be submitted by ballot in
substantially the following form:
Should the (insert name of district) be terminated?
Yes ☐
No ☐
All qualified electors within the boundaries of the district are eligible to vote in such referendum.
The committee shall supervise the referendum. No informalities in the conduct of such
referendum or in any matters relating thereto may invalidate the referendum or the result thereof
if notice thereof has been given substantially as herein provided and the referendum has been
conducted fairly.
4-22-43. Duties of committee after referendum on discontinuance of the district has
been held.
The committee shall publish the result of any referendum on the question of discontinuance
of a district immediately after the vote has been had. If a majority of the votes cast in the
referendum favored the discontinuance of the district, the committee shall make its certificate
that it has determined that the continued operation of the district is not administratively
practicable and feasible. If a majority of the votes cast in the referendum favored the
continuance of the district, the committee shall consider and determine whether the continued
operation of the district within the defined boundaries is administratively practicable and
Page No. 13
feasible. If the committee determines that the continued operation of the district is
administratively practicable and feasible, it shall record such determination and deny the petition
for discontinuance, and if it determines that the continued operation thereof is not
administratively practicable and feasible, it shall record such determination and certify its
determination to the supervisors of the district. In making its determination, the committee shall
give due weight and regard to the number and attitudes of the qualified electors living within the
district, the number voting in the referendum, the proportion which the votes cast in favor of the
discontinuance of the district are of the total number of votes cast, the probable expense of
carrying on erosion control operations within the district, and such other economic and social
factors as may be relevant to such determination having regard to the legislative policy as set
forth in section 4-22-01.
4-22-44. Termination of affairs of district - Disposal of property - Certificate of
dissolution.
Upon receipt from the committee of its certification that it has determined that the continued
operation of the district is not administratively practicable and feasible, the supervisors shall
proceed to terminate the affairs of the district. The supervisors of the district may dispose of all
or part of any property belonging to the district at public auction and shall use the proceeds of
such sale to pay any liabilities. The balance of any funds and undisposed property becomes the
property of the county or counties such district is a part of as directed by the supervisors. The
supervisors thereupon shall file an application, duly verified, with the secretary of state for the
discontinuance of the district, and shall transmit with such application the certificate of the
committee setting forth its determination that the continued operation of the district is not
administratively practicable and feasible. The application must recite what property, if any, of the
district has been disposed of, the liabilities paid, and the property or proceeds paid over as
provided herein and must set forth a full accounting of such properties and the proceeds of the
sale thereof. The secretary of state shall issue to the supervisors a certificate of dissolution and
shall record such certificate in an appropriate book of record in the secretary of state's office.
4-22-45. Ordinances, regulations, and contracts of districts after dissolution.
After a certificate of dissolution has been issued as provided in section 4-22-44, all
ordinances and regulations theretofore adopted and in force within the dissolved district are of
no further force and effect. All contracts theretofore made, to which the district supervisors are
parties, remain in force and effect for the period provided in such contracts, and the committee
is substituted for the district or supervisors as party to such contracts. The committee is entitled
to all the benefits and subject to all the liabilities under such contracts and has the same right as
the supervisors of the district would have had.
4-22-46. Petitions for discontinuance of district - Limitation on filing.
The state soil conservation committee may not entertain petitions for the discontinuance of
any district, conduct referenda upon such petitions, nor make determinations pursuant to such
petitions in accordance with the provisions of this chapter more than once in any five-year
period.
4-22-47. Consolidation of districts - Petition - Referendum - Conduct of referendum.
Two or more districts may be consolidated into one district by compliance with this chapter.
A petition for consolidation of soil conservation districts must be filed with the state soil
conservation committee and must be signed by at least twenty-five qualified electors living in
each district. Upon the filing of a petition, the committee by resolution shall fix a date for a
referendum to be held in each district and shall direct the supervisors to cause notice of the
referendum to be posted in at least five conspicuous places within the district and to be
published once each week for two consecutive weeks before the referendum in a newspaper of
general circulation in the districts involved. Only qualified electors living within the district are
eligible to vote at the referendum. The notice must state the date of the referendum, identify
each polling place for holding the referendum, the time when the polls will open and close, and
Page No. 14
the question to be submitted to the qualified electors. The notice must be substantially in the
following form:
On _________, ______, a referendum will be held at
____________________________________________ for the purpose of submitting
(Designate polling place or places)
to the qualified electors within _________________________________ soil conservation
(Name of district)
district the question as to whether _________________________________ soil conservation
(Names of districts)
districts embracing the following townships _____________________________________
(Designate townships, by number and range)
shall be consolidated into one soil conservation district.
The ballot must be in the following form:
Shall _____________________ soil conservation districts embracing the
(Names of districts)
following townships ____________________________________ be
(Designate townships, by number and range)
consolidated into one soil conservation district?
Yes ______
No _______
The board of supervisors of the district shall appoint the board of election for each polling
place. The board of election must consist of one inspector, one judge, and one clerk. Members
of the election board are entitled to receive five dollars for their services.
4-22-48. Conduct of referendum - Canvass of votes.
A referendum upon the question of consolidating two or more soil conservation districts
must be conducted in accordance with the laws of the state prescribing the conduct of general
elections. After the polls are closed, the board of election shall canvass the votes and the clerk
of the board shall certify to the board of supervisors of the clerk's district and to the committee
the result of the referendum.
The committee shall publish the result of the referendum. If a majority of the ballots cast on
the question in each district are for consolidation, the committee shall file with the secretary of
state a statement certifying that the consolidated district has been duly and regularly
established.
4-22-49. Supervisors of consolidated district - Terms of office - Powers and duties.
The members of the board of supervisors of a newly consolidated district are the
supervisors from each of the districts having been consolidated whose terms of office herein
would last expire if such new consolidated district were not established. Such members shall
determine by lot the order in which their terms of office in the consolidated district will expire.
Where more than three districts are consolidated, the members of the board of supervisors of
the consolidated district must be determined by lot among the supervisors from the districts
whose terms therein would expire last. Where only two districts are consolidated, the third
member of the board of supervisors of the consolidated district must be determined by lot
among the remaining supervisors from both such districts. The supervisors thus selected shall
hold office until the next general election of the district and until their successors are elected and
qualified. Supervisors of a consolidated district have all the powers and duties of supervisors of
a soil conservation district as enumerated in this chapter. The name of a consolidated district
must be determined by the new supervisors thereof.
4-22-50. Costs and expenses of consolidation - Disposition of property - Contracts of
districts after consolidation.
All costs and expenses incidental to the consolidation of two or more districts must be borne
equally by each of the districts which have been consolidated. All property and money of the
districts which have been consolidated become the property of the newly established district. All
Page No. 15
contracts to which the supervisors of each of the districts consolidated are parties remain in
force and effect for the period provided in the contracts and the supervisors of the consolidated
district are substituted as parties therein. Supervisors of a consolidated district are entitled to all
the benefits and subject to all the liabilities under such contracts and have the same rights as
the supervisors of the district which entered into such contract or contracts would have had if a
consolidated district had not been established.
4-22-51. Soil conservation trust lands.
The state of North Dakota hereby accepts and declares to be held in trust for the soil
conservation districts of the state for use in carrying out the soil conservation program those
certain tracts or parcels of land lying and being in Burleigh County and more particularly
described as follows:
Township one hundred thirty-eight north, range eighty west, fifth principal meridian:
west one-half of section fifteen and that portion of the southeast quarter of section sixteen
described as follows: beginning at the southeast corner of said section sixteen, thence
running north on the east line of said section six hundred sixty feet [201.17 meters]; thence
west parallel with the south line of said section two thousand three hundred ten feet [704.09
meters]; thence south six hundred sixty feet [201.17 meters] to a point on the south line of
said section two thousand three hundred ten feet [704.09 meters] west of the southeast
corner of said section; thence east along the south line of said section two thousand three
hundred ten feet [704.09 meters] to the place of beginning; containing thirty-five acres
[14.16 hectares], more or less.
Subject, however, to the following rights, easements, exceptions, and reservations:
1. Easements for existing or established roads, highways and public utilities, if any.
2. Right reserved by the Department of the Army "to enter thereon and remove gravel
and use the established rubbish disposal area as long as any part of Fort Lincoln
Military Reservation is used by the Department of the Army".
3. Reservation to the United States of America and its assigns of an undivided
three-fourths interest in all coal, oil, gas, and other minerals, including three-fourths of
all sand, gravel, stone, clay and similar materials, in or under such property, together
with the usual mining rights, powers, and privileges, including the right at any and all
times, to enter upon the land and use such parts of the surface as may be necessary
in prospecting for, mining, saving and removing said minerals or materials, provided
that such quantities of sand, gravel, stone, clay and similar materials, as may be
required, may be utilized in the operation or improvement of the lands.
The lands, having been conveyed to the state of North Dakota by the United States of
America for use in carrying out the soil conservation program of the soil conservation districts of
the state, are further subject to the condition that they must be used for public purposes and if at
any time cease to be so used must revert to and become revested in the United States. Upon
approval by the United States of America in accordance with the original grant of the trust lands,
the trust lands may be leased, sold, conveyed, traded for, or replaced by other land suitable for
the benefit of the soil conservation program in this state. No lease, sale, conveyance, trade, or
replacement of the trust lands may be made under conditions that will cause or may cause the
reversion of the lands back to the United States of America.
The control, custody, possession, supervision, management, operation, and transfer of the
trust lands and any replacement lands is hereby vested in the North Dakota association of soil
conservation districts for use in carrying out the soil conservation program of the soil
conservation districts of the state and the association in such control, custody, possession,
supervision, management, operation, and transfer shall hold all accumulations of personal
property or surplus funds derived from said lands in trust for the soil conservation districts of the
state for use in carrying out the soil conservation program. Any transfer, sale, trade, or
replacement of trust lands is excepted from section 38-09-01, and the North Dakota association
of soil conservation districts may transfer all or a portion of the minerals held by the state or the
association which are located under the trust lands. Any funds generated through bonuses,
leases, royalties, or otherwise generated by minerals reserved by the association or funds
generated from the sale of minerals must be held in trust as provided in this section.
Page No. 16
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