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ND SB2174

ND SB2174
The regulation of odors in an animal feeding operation and zoning authority over animal feeding operations in counties and townships; and to provide an effective date.


summary

Introduced
01/13/2025
In Committee
03/20/2025
Crossed Over
02/20/2025
Passed
03/31/2025
Dead
Signed/Enacted/Adopted
04/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

AN ACT to amend and reenact sections 11-33-02.1 and 58-03-11.1 of the North Dakota Century Code, relating to the regulation of odors in an animal feeding operation and zoning authority over animal feeding operations in counties and townships; and to provide an effective date.

AI Summary

This bill amends North Dakota state law to provide clearer regulations for animal feeding operations (AFOs) in counties and townships, focusing on zoning authority and operational constraints. The bill defines an animal feeding operation as a facility where animals are confined and fed for at least 45 days in a 12-month period, and it restricts county and township boards from prohibiting or significantly hindering the development and expansion of farming and ranching operations. Key provisions include allowing county and township boards to establish different location standards for AFOs based on size and species, preventing boards from imposing setback distances beyond certain limits, and creating a process where potential AFO operators can petition local boards for a determination of zoning compliance. The bill also limits the fees local governments can charge for AFO-related permits to $500, prohibits additional regulations beyond those expressly permitted, and ensures that existing AFOs can make improvements without requiring new permits. If a legal challenge is made regarding AFO regulations, the bill mandates that the prevailing party be awarded attorney's fees and expenses. The bill will become effective on August 1, 2026, and applies to both county and township levels of government.

Committee Categories

Agriculture and Natural Resources, Military Affairs and Security

Sponsors (6)

Last Action

Filed with Secretary Of State 04/03 (on 04/04/2025)

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