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North Dakota Century Code Title 40. Municipal Government § 40-05-27. Floodplain management ordinances--Requirements--Limitations--Definitions--Enforcement

Current as of January 01, 2024 | Updated by Findlaw Staff

1. As used in this chapter:

a. “Floodplain management” has the same meaning as in section 61-16.2-02.

b. “Floodplain management ordinance” has the same meaning as in section 61-16.2-02.

c. “Indian country” means:

(1) Land within the limits of any Indian reservation that is under the jurisdiction of the United States government and located within this state, notwithstanding the issuance of any patent, and, including rights of way running through the reservation;

(2) Dependent Indian communities within this state whether within the original or subsequently acquired territory of the state; and

(3) Indian allotments within this state, the Indian titles to which have not been extinguished, including rights of way running through the allotted land.

2. The governing body of a city may exercise floodplain management authority under chapter 61-16.2. If a governing body of a city undertakes floodplain management, the governing body of a city shall enact a floodplain management ordinance over all persons and property within the boundaries of the city's zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of Indian country.

3. Upon enactment of a floodplain management ordinance by a city under this section, the city auditor shall forward the ordinance to the department of water resources for inclusion in the central repository established under section 61-16.2-15.

4. The city auditor of a city exercising floodplain management authority shall certify to the department of water resources by March thirty-first of each year that the city is undertaking floodplain management activities under chapter 61-16.2.

5. A city exercising floodplain management authority is not required to activate its zoning authority under chapter 40-47 before enacting a floodplain management ordinance.

6. In a city exercising floodplain management, the governing body of the city shall enforce an ordinance or regulation enacted under this section. The governing body of the city may impose enforcement duties on an officer, department, agency, or employee of the city.

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Cite this article: FindLaw.com - North Dakota Century Code Title 40. Municipal Government § 40-05-27. Floodplain management ordinances--Requirements--Limitations--Definitions--Enforcement - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-05-27/

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