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HB 1396

relative to vacancies in state offices.

2026 Regular Session Introduced by Ross Berry and 1 co-sponsor

Sets a $4 per acre annual cap for agricultural drainage maintenance assessments and requires majority landowner approval for very large costs.

Lay HB1396 on Table (Rep. Berry): MA VV 03/11/2026 HJ 7 P. 161
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Bill Summary · HB 1396

Summary — HB 1396 (North Dakota): Amend § 61‑16.1‑45 — Maintenance of drainage projects

Status: Introduced November 19, 2024. Reported as having reached second reading and failed to pass (yeas 5, nays 86) per provided record.

Purpose
- To amend and reenact North Dakota Century Code § 61‑16.1‑45 to clarify and set limits on how drainage districts may levy special assessments to fund maintenance (cleaning, repair) of assessment drains and to set voting and fund‑accumulation rules for large maintenance obligations.

Key provisions (text of amended § 61‑16.1‑45)
1. Annual levy cap on agricultural land
- Maintenance special assessments on agricultural land may not exceed $4.00 per acre per year.

  1. Two authorized assessment methods (district discretion)

    • Method A (benefit‑proportion approach):
      • Agricultural lands that originally carried the highest assessment (or received most benefit in a reassessment) may be assessed up to $4.00/acre.
      • Other agricultural lands are assessed in proportion to their original (or reassessed) benefit relative to the highest‑assessed agricultural land.
      • Non‑agricultural property is assessed based on the same ratio of benefits (original or reassessed) compared to agricultural lands assessed the full $4/acre.
    • Method B (uniform/ag and valuation approach):
      • Agricultural lands assessed uniformly (same $/acre).
      • Non‑agricultural property assessed up to $2.00 per $500 of taxable valuation.

  2. Limited accumulation fund

    • If the maximum annual levies will not cover needed cleaning/repairs, a water resource board may accumulate a maintenance fund up to the total that would be produced by the maximum permissible levy over six years.

  3. Approval requirement for very large costs

    • If the cost or obligation for cleaning/repair exceeds the total that may be raised by levies over a six‑year period, the board must obtain approval from a majority of the landowners (as determined under chapter 61‑16.1) before obligating the district.

  4. Recorded vote and consequence for dissenting owners

    • Votes taken under the approval provision in (4) must be recorded; the board must keep the record of ayes and nays.
    • For landowners who voted against the project, the board is not required to approve surface drainage or subsurface drainage under NDCC § 61‑32‑03.3 for five years following that vote.

Who is affected
- Landowners within drainage districts (agricultural and non‑agricultural).
- Water resource boards and drainage districts responsible for maintenance and financing.
- Local taxpayers and property holders potentially facing assessments for drain maintenance.

Likely implications / impact
- Predictable cap ($4/acre) limits annual financial exposure for agricultural owners but may constrain district ability to fund large, immediate repairs through assessments.
- The six‑year accumulation rule plus requirement for majority landowner approval for very large obligations could delay or limit major maintenance projects unless a majority consent, potentially increasing long‑term repair costs or leading to deferred maintenance.
- The recorded‑vote rule and five‑year consequence for dissenters creates a formal record of opposition and may affect future drainage approvals for those landowners.
- Administrative impacts for boards: need to track, record votes, and manage accumulation funds within statutory caps.

Procedural note
- The bill as provided would amend and reenact NDCC § 61‑16.1‑45. According to the supplied status, it did not advance past second reading (failed to pass). If reintroduced, the provisions above describe the principal changes that would govern drainage maintenance assessments and governance.

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

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