Bill
SB 2118
The bill creates a formal review process for stream crossing designs, requiring road authorities to install crossings with capacity per DWR standards and limiting their liability f
Status snapshot
- Bill: SB 2118 (Sixty-ninth Legislative Assembly of North Dakota)
- Subject: Amend and reenact section 24‑03‑08 of the North Dakota Century Code (stream crossing / surface water flow and highway construction)
- Introduced: Jan 7, 2025 (by Energy and Natural Resources Committee, at the request of the Department of Water Resources)
- Key procedural events: Committee hearing 1/16/2025; reported back “do not pass” (7–0–0); second reading failed to pass (yeas 0, nays 47) on 1/20/2025; listed as “Died In Committee” 2/26/2025.
- Companion: HB 5049
Purpose and intent
- To clarify and revise the statutory process by which parties can obtain review of the design discharge and adequacy of stream crossings (culverts/bridges) where highways cross watercourses, and to define responsibilities and liabilities tied to those determinations.
Key provisions and changes
- Triggers for review:
- The Department of Water Resources (DWR) must review the design of a stream crossing discharge when petitioned by a majority of landowners in the affected area or when requested by a board of county commissioners, township supervisors, or a water resource board.
- A petitioner/requesting party must be aggrieved by the placement/effects of the stream crossing discharge before filing.
- Scope of review:
- DWR must determine, “as nearly as practicable,” the design discharge the crossing is required to carry consistent with the department’s stream crossing standards.
- Implementation requirement:
- After DWR’s determination, the appropriate road authority (ND Department of Transportation, county board, or township board) “shall install a culvert or bridge of sufficient capacity” so water can flow freely through/under the crossing at the time it is constructed or reconstructed.
- Notice:
- DWR must notify the petitioning/requesting (aggrieved) party and the relevant road authority of the review results.
- Liability limitation:
- The department, county, and township are not liable for damage to structures or property caused by water detained by the highway at the crossing if the crossing was newly constructed or reconstructed in accordance with the DWR’s stream crossing standards.
Who is affected
- Landowners adjacent to or downstream of highway stream crossings (they gain a formal review mechanism if aggrieved).
- Road authorities: North Dakota Department of Transportation, county boards of commissioners, and township supervisors (obligated to install crossings of sufficient capacity and benefit from explicit liability protection when compliant with standards).
- Department of Water Resources (responsibility for review, determination, and notice).
- Water resource boards and other local governing bodies that can request reviews.
Procedural/timing notes
- Reviews can be initiated by a majority landowner petition or by governmental boards; the statute contemplates review tied to crossings that “have been or will be” newly constructed or reconstructed, and it conditions installation requirements and liability on compliance “at the time” of construction or reconstruction.
Net effect
- The bill formalizes a landowner- and government-requested review process for stream crossing designs, requires road authorities to ensure capacity consistent with DWR standards, and clarifies that compliance with those standards limits government liability for water damage related to highway crossings. The bill did not pass in the 2025 session.
Compiled from official sources — confirm details with the bill’s official record.
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