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SB 2317

A BILL for an Act to amend and reenact section 54-40.5-04 of the North Dakota Century Code, relating to the revocation of a transfer of township zoning authority.

69th Legislative Assembly (2025-26) Introduced by Jose Castaneda and 3 co-sponsors

Townships that previously ceded zoning to counties can reacquire authority under specific mutual or conditional steps, with the county required to accept once criteria are met.

Second reading, failed to pass, yeas 42 nays 49
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Bill Summary · SB 2317

Summary — SB 2317 (North Dakota)

A bill to amend and reenact NDCC § 54‑40.5‑04, addressing revocation of a transfer of township zoning authority

Purpose

SB 2317 clarifies and codifies the process by which a township (and, to a lesser extent, a city) that previously transferred its zoning authority to the county can reacquire that authority. It also restates general rules for amendment or termination of intergovernmental agreements.

Key provisions

  • Restates general rules for intergovernmental agreements:

    • Agreements may be amended as originally executed.
    • Agreements may be terminated as provided in the agreement, by joint action of all parties, or by one party after providing at least one year’s written notice to other parties.
    • If a political subdivision party is dissolved, termination may occur upon reincorporation/reestablishment, by county petition signed by a majority of electors in the previous territory, or as otherwise provided in the agreement.

  • Reacquisition by mutual agreement:

    • A township or city that unilaterally transferred zoning authority to the county may reacquire that authority by mutual agreement between the board of county commissioners and the township board of supervisors or the city governing body.

  • Unilateral reacquisition by a township (if transfer was unilateral):

    • A township may reacquire zoning authority if it meets all of the following:
    • The board of township supervisors passes a written resolution supporting a return to township zoning.
    • At the next annual meeting or a special meeting, a majority of qualified electors vote in favor of returning to township zoning.
    • The township adopts a comprehensive plan.
    • The township adopts a zoning ordinance.
    • The township appoints a zoning administrator.
    • If the township complies with the above, the county "shall accept" the township's reacquisition of zoning authority (i.e., the county is required to relinquish county zoning jurisdiction over the township).

Who is affected

  • Townships that previously transferred zoning authority to counties (primary impact).
  • County boards of commissioners (must accept reacquisition when statutory criteria are met).
  • Cities that transferred zoning to counties (may reacquire by mutual agreement).
  • Township electors, supervisors, and local officials (responsible for adopting plans, ordinances, administrator).
  • Landowners and developers in affected townships (local zoning authority and processes may shift).

Procedural status & timeline

  • Introduced: March 11, 2025.
  • Reported/considered in State and Local Government Committee (committee report included).
  • Second reading: failed to pass (yeas 42, nays 49). As of the provided record, the bill did not pass the Senate on second reading.
  • Companion bill: HB 3646.

Notes / considerations

  • The bill imposes clear procedural and substantive prerequisites (comprehensive plan, ordinance, administrator) to ensure townships are prepared to assume zoning duties.
  • Requiring the county to accept reacquisition where conditions are met removes a potential barrier and strengthens township control over local land use.
  • The provided packet also contained unrelated material from an Illinois SB2317; this summary pertains only to the North Dakota SB 2317 concerning NDCC § 54‑40.5‑04.

Compiled from official sources — confirm details with the bill’s official record.

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