A concurrent resolution directing the Legislative Management to consider studying water and wetlands regulations and the taxation of inundated lands in the state.

69th Legislative Assembly (2025-26) Introduced by Mike Beltz and 10 co-sponsors

directs a comprehensive study of water, wetlands, and inundated lands governance in North Dakota to identify gaps and recommend any needed legislation.

Filed with Secretary Of State 04/22

Purpose and intent

HCR 3018 directs the Legislative Management to undertake (or consider undertaking) a comprehensive study of the regulatory and jurisdictional framework that governs water and wetlands in North Dakota, and to review tax treatment of inundated lands. The study is intended to identify conflicts, overlaps, and gaps among federal, state, and local authorities; clarify boundaries/jurisdictional determinations for wetlands; and produce recommendations (including any needed legislation) for the Seventieth Legislative Assembly.

Sponsors and status

Introduced: Jan 30, 2025 (Representatives Beltz, Brandenburg, Frelich, Grueneich, Mitskog, Schreiber‑Beck, Swiontek, Weisz; Senators Sorvaag, Thomas, Wanzek)

Committee: Agriculture (hearings Feb–Mar 2025; reported back with amendments)

Floor action: Adopted (second reading votes Feb 24 & Apr 17; concurrence Apr 17)

Signed by President (Apr 21) and Speaker (Apr 22)

Filed with Secretary of State: Apr 22, 2025

Classification: Concurrent resolution (non‑statutory, directs study/report)

Key provisions / required study components

The resolution requires the study to include (but not limited to):
- Review of methods to assess and document wetland boundaries (earlier drafts referenced “high water mark” language; later amendments use “boundaries”).
- Examination of water, wetland, and inundated‑land regulations in other states.
- Inventory of federal, state, and local laws, regulations, and policies that affect water and wetlands jurisdiction.
- Analysis of environmental protection and public‑health jurisdictional frameworks; identification of conflicts, overlaps, and gaps in authority.
- Evaluation of taxation practices for inundated lands, including county boards’ authority to remove inundated lands from tax rolls and inconsistencies in application.
- Exploration of legal options to fill or drain nuisance/seasonal wet areas.
- Examination of seasonal wet areas’ impacts on agricultural productivity and soil health (e.g., salt accumulation) and assessment of value to resident wildlife.
- Consideration of property disputes associated with navigability determinations and patents from the United States, and implications for ownership and tax treatment.

Who is affected / potential impacts

Private landowners and agricultural producers (crop productivity, tax treatment of inundated acres).

County governments (tax assessment/removal of inundated lands).

State agencies involved in water/wetlands management (e.g., State Water Commission, ND Department of Environmental Quality) and local governments.

Federal regulatory bodies (e.g., U.S. Army Corps of Engineers, EPA) insofar as federal jurisdiction overlaps.

Wildlife and natural resource interests — the study will evaluate ecological value vs. nuisance impacts.

Outcomes and timeline

Legislative Management is to study and report its findings and recommendations, including any draft legislation, to the Seventieth Legislative Assembly (the next session following 2025).

As a concurrent resolution, HCR 3018 does not itself change law; it authorizes/requests study and potential legislative follow‑up based on the study’s recommendations.

Bill