North Dakota § 11-11-71 - Floodplain management ordinances - Requirements - Limitations Definitions - Enforcement

§ 11-11-71. Floodplain management ordinances - Requirements - Limitations Definitions - Enforcement

1. As used in this chapter: a. "Floodplain management" has the same meaning as in section 61-16.2-02. b. "Floodplain management ordinance" has the same meaning as in section 61-16.2-02. c. "Indian country" means all: (1) 2. 3. 4. 5. 6. 7. 8. 9. Land within the limits of any Indian reservation that is under the jurisdiction of the United States government and located within this state, notwithstanding the issuance of any patent, and, including rights of way running through the reservation; (2) Dependent Indian communities within this state whether within the original or subsequently acquired territory of the state; and (3) Indian allotments within this state, the Indian titles to which have not been extinguished, including rights of way running through the allotted lands. A board of county commissioners may undertake floodplain management as provided in chapter 61-16.2. If a board of county commissioners undertakes floodplain management under this section, the board of county commissioners shall enact a floodplain management ordinance applying to all persons and property within the boundaries of the county, except for persons and property within a city's zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of Indian country. Notwithstanding subsection 2, if a board of township supervisors approves by a written resolution that the township desires to undertake floodplain management under chapter 61-16.2, the board of township supervisors shall avail itself the authority to regulate floodplain management. Upon the adoption of the resolution, the board of township supervisors has exclusive authority to regulate floodplain management under chapter 61-16.2. If a board of township supervisors undertakes floodplain management under this section, the board of township supervisors shall enact a floodplain management ordinance applying to all persons and property within the boundaries of the township, except for persons and property within a city's zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of Indian country. The township clerk shall forward a copy of the written resolution to the county auditor of the county in which the township is located and the department of water resources for inclusion in the central repository established under section 61-16.2-15. After acquiring floodplain management authority from the county under subsection 3, the township may relinquish its floodplain management authority back to the county upon execution of a written agreement signed by the board of county commissioners and the board of township supervisors. The county may not require the township to convey an additional authority legally afforded to the township in exchange for the written agreement. The relinquishment of authority may not become effective sooner than sixty days after the board of township supervisors delivers a written notice of proposed relinquishment to the appropriate board of county commissioners. If a township previously exercised floodplain management authority and becomes subject to county floodplain management authority under this section, the township shall defend, indemnify, and hold harmless the county and its agents, officers, and employees from and against a claim for damages arising from a township's noncompliance with chapter 61-16.2 and the national flood insurance program [42 U.S.C. 4001 et seq.]. Upon enactment of a floodplain management ordinance by a county under this section, the county auditor shall forward the ordinance to the department of water resources for inclusion in the central repository established under section 61-16.2-15. The county auditor of a county exercising floodplain management authority shall certify to the department of water resources by March thirty-first of each year a list of the jurisdictions over which the county is exercising floodplain management authority under chapter 61-16.2. A county exercising floodplain management authority is not required to activate its zoning authority under chapter 11-33 before enacting a floodplain management ordinance. In a county exercising floodplain management, the board of county commissioners shall enforce an ordinance or regulation enacted under this section. The board of county commissioners may impose enforcement duties on an officer, department, agency, or employee of the county.