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HB 1280

establishing a commission to study public school open enrollment.

2026 Regular Session Introduced by Peggy Balboni and 4 co-sponsors

The bill lets drainage districts set maintenance assessments up to $4 per acre (agricultural) with two methods, plus reserve funds and landowner approval for large costs.

Minority Committee Report: Ought to Pass with Amendment # 2026-0937h
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Bill Summary · HB 1280

Summary — HB 1280 (North Dakota): Maintenance of Drainage Projects

Bill: AN ACT to amend and reenact section 61‑16.1‑45 of the North Dakota Century Code (Maintenance of drainage projects)
Status (per file info): Filed with Secretary of State 04/16/2025
Introduced: November 13, 2024

Purpose and intent

The bill updates and restates the statutory rules governing how drainage districts may levy special assessments to pay for ongoing maintenance (cleaning, repairs) of assessment drains. It clarifies levy limits, assessment methods, the ability to accumulate reserve funds, and procedural requirements when maintenance costs exceed statutory levy capacity.

Key provisions / changes

  • Annual levy cap for agricultural land: limits the annual special assessment for maintenance to a maximum of $4.00 per acre on any agricultural land benefited by the drain.
  • Two alternative assessment methods (district choice):
    • Method A (benefit‑proportion): Agricultural lands that bore the highest original assessment (or received the most benefit upon reassessment) may be assessed the full $4/acre; other agricultural parcels are assessed in proportion to their original (or reassessed) benefit relative to the highest‑assessed agricultural land. Nonagricultural property is assessed in proportion to benefits compared to the highest agricultural assessment.
    • Method B (uniform ag assessment): All agricultural lands in the assessed area are assessed uniformly (same $/acre). Nonagricultural property is capped at an assessment not to exceed $2 for each $500 of taxable valuation.
  • Reserve (sinking) fund: If the annual maximum levies will not cover necessary maintenance in a given year, a water resource board may accumulate a reserve fund up to an amount equal to six years’ worth of the maximum permissible levy.
  • Projects exceeding six‑year levy capacity: If the cost (or obligation) to clean and repair a drain exceeds what may be levied over six years, the water resource board must obtain approval of a majority of the landowners (as determined under chapter 61‑16.1) before obligating the district.
  • Voting eligibility: If the board holds an election to approve such a project, an affected landowner who benefits from the project may not vote on the question if that landowner is delinquent in paying required assessments.

Who is affected

  • Landowners within drainage districts (both agricultural and nonagricultural property) — their maximum annual assessments and voting eligibility are directly affected.
  • Water resource boards and drainage district administrators — procedural duties for levies, reserve funds, owner approval for large obligations, and enforcement of voting rules.
  • Local taxpayers in affected districts, through potential changes in assessment methodology or timing of costs.

Procedural / timeline notes

  • The enrolled text amends and reenacts NDCC §61‑16.1‑45; the bill package indicates it was filed with the Secretary of State on 04/16/2025. (Consult the official state codes/Secretary of State website for the formal effective date of the enacted changes.)
  • The statute preserves district discretion to select the assessment method that will be used for maintenance levies.
  • No fiscal note specific to North Dakota is included in the materials provided; fiscal impacts will depend on district choices (method A vs. B), the frequency and scale of maintenance, and how many districts choose to accumulate funds or seek landowner approval for larger projects.

If you want, I can:
- extract the precise legislative history (committee actions, votes) from state records, or
- prepare a short explainer showing how the two assessment methods would affect example parcels (illustrative calculations).

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

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