# Title 23 — Health and Safety

## Chapter 23-10 — Mobile Home Parks, Trailer Parks, and Campgrounds

### § 23-10-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Campground" means any parcel of land containing three or more lots intended for
occupancy by recreational vehicles or tents.
2. "Department" means the department of health and human services.
3. "Lot" means any piece of land of required size intended for occupancy by a mobile
home, recreational vehicle, or tent.
4. "Mobile home" means any relocatable manufactured, modular, or prefabricated
structure or unit that is designed to be used as residential living quarters. The term
does not include a recreational vehicle.
5. "Mobile home park" means any parcel of land containing three or more lots intended
for occupancy by mobile homes.
6. "Person" means any individual, firm, trust, partnership, public or private association,
corporation, or limited liability company.
7. "Recreational vehicle" means a vehicular-type unit primarily designed as temporary
living quarters for recreational, camping, or travel use, which either has its own mode
of power or is mounted on or towed by another vehicle. The term includes the
following:
a. An independent recreational vehicle, containing toilet and lavatory facilities.
b. A dependent recreational vehicle, which contains either toilet or lavatory facilities
or having neither facility.
8. "Recreational vehicle park" means a parcel or tract of land under the control of a
person, organization, or government entity where three or more lots are offered for use
by members of the public or an organization for rent or lease, including park-owned
recreational vehicles held out for rent or lease. A recreational vehicle park is primarily
designed to accommodate recreational vehicles.
### § 23-10-02. Department to make regulations - Compliance.

The department shall have general supervision over the health, safety, sanitary condition,
and legal compliance as outlined in this chapter of all mobile home parks, recreational vehicle
parks, and campgrounds in this state and may promulgate and enforce appropriate rules and
regulations in accordance with chapter 28-32. All mobile home parks, recreational vehicle parks,
and campgrounds constructed after July 1, 1977, must be constructed in accordance with the
requirements of this chapter and the rules and regulations promulgated at the time of
construction. All mobile home parks, recreational vehicle parks, and campgrounds constructed
before July 1, 1977, shall meet the requirements of this chapter by July 1, 1985. All mobile
home parks, recreational vehicle parks, and campgrounds shall meet rules and regulations duly
promulgated after construction of the park or campground within eight years after the effective
date of the rule or regulation.
### § 23-10-02.1. Department authorized to accept local enforcement and inspection.

The department shall accept state, federal, city, or county enforcement of local sanitation,
safety, zoning, and inspection requirements in lieu of the enforcement of sanitation, safety, and
inspection requirements of the department under this chapter if the department determines that
the state, federal, city, or county requirements meet or exceed the requirements of this chapter
and any rules and regulations promulgated under this chapter. Before accepting state, federal,
city, or county enforcement of local requirements, the department shall determine that the state,
federal, city, or county requirements meet or exceed the requirements of this chapter and any
rules and regulations promulgated under this chapter.

### § 23-10-03. License required - Application.

1. A person may not establish, maintain, change use, mix use, or enlarge a mobile home
park, recreational vehicle park, or campground in this state without first obtaining a
license from the department.
2. The application for the license must be made in writing to the department on forms
furnished by the department, accompanied by the required fee, and must state the
physical address of the proposed location and type of the mobile home park,
recreational vehicle park, or campground, and include:
a. Evidence of approval from local officials as to the proposed mobile home park,
recreational vehicle park, or campground applicant's compliance with local zoning
laws, ordinances, or regulations for the physical address for its intended use;
b. The proposed water supply, including how water supply fee services are
assessed or metered;
c. The proposed method of sewerage and garbage disposal; and
d. Other information as required by the department.
3. Upon a change of ownership, a new owner shall obtain a license within thirty days
from the date of sale. Failure of the owner to obtain licensure within thirty days from
the date of sale may result in disciplinary action against the owner for operating
without a license.
4. The department shall waive the license and inspection requirement for any mobile
home park, recreational vehicle park, or campground owned by the state or a political
subdivision. The department shall waive all or a portion of the license fee for any
mobile home park, recreational vehicle park, or campground that is subject to local
sanitation, safety, and inspection requirements accepted by the department under
section 23-10-02.1. The department may adopt rules establishing the amount and the
procedures for the collection of annual license and inspection fees. The fees must be
based on the cost of reviewing construction plans, conducting preoperational, routine,
and complaint inspections, followup and reinspection, and necessary enforcement
action. Fees collected under this section must be deposited in the department's
operating fund in the state treasury and any expenditure from the fund is subject to
appropriation by the legislative assembly.
### § 23-10-04. Inspection.

The department may inspect the premises as soon as practical after receiving an
application for a mobile home park, recreational vehicle park, or campground license. If the
department is satisfied from the application or inspection that the mobile home park,
recreational vehicle park, or campground will not be a source of danger to the health and safety
of the occupants or the general public, the department shall notify the applicant of approval of
the application. The department must have access to and may inspect mobile home parks,
recreational vehicle parks, and campgrounds at reasonable times. The department may inspect
each mobile home park, recreational vehicle park, and campground in response to a complaint,
violation of state law, or on a routine schedule determined by the department.
### § 23-10-05. License fees.

Repealed by S.L. 2005, ch. 32, § 19.
### § 23-10-06. License issuance.

The department shall issue a license to an applicant who meets all of the requirements of
this chapter and any rules adopted by the department.
### § 23-10-06.1. License renewal.

1. A license issued under this chapter expires on December thirty-first of each year.
2. A license may be renewed by December thirty-first by submitting a renewal
application, a renewal fee established rule, provided the licensee is in compliance with
this chapter and any rules established by the department.

3. If the renewal application and renewal fee are not received by December thirty-first,
the license expires and the licensee may not operate.
4. Within sixty days after December thirty-first, an expired license may be renewed by
submitting the renewal application, renewal fee, and a late fee. The late fee is equal to
fifty percent of the license fee.
5. If the renewal application, renewal fee, and late fee are not received within sixty days
after December thirty-first, the department may not renew the license, and the
applicant shall apply and meet the requirements for licensure to be granted a license.
6. The department may extend the renewal deadline for applications providing proof of
hardship rendering the applicant unable to meet the deadline.
7. The department may not renew a license if the mobile home park, recreational vehicle
park, or campground is not actively conducting business at the site, and the applicant
shall apply and meet the requirements for licensure to be granted a license.
### § 23-10-06.2. License transferability.

The department shall transfer a license without charge if the proposed new owner applies in
writing within thirty days of the date of sale for a transfer of the license and certifies that the
mobile home park, recreational vehicle park, or campground will be operated in accordance with
this chapter.
### § 23-10-07. Sanitation and safety.

Every mobile home park, recreational vehicle park, and campground must be operated with
strict regard for the health, safety, and comfort of its occupants. The following sanitary and
safety regulations must be followed:
1. Location: Every mobile home park must be established and maintained upon dry,
well-drained ground. Any natural sinkholes or collection or pool of water must be
artificially drained and filled. Recreational vehicle park and campground lots must be
established and maintained upon dry, well-drained spaces.
2. Drinking water supply: An adequate supply of potable and safe drinking water must be
provided. The operator of a mobile home park, recreational vehicle park, or
campground shall supply drinking water at the mobile home park, recreational vehicle
park, or campground which is obtained from an approved source that is a public water
system or a nonpublic water system that is constructed, maintained, and operated
according to law.
3. Towels: The placing of roller cloth towels for public use in any washroom or place
within a mobile home park, recreational vehicle park, or campground is prohibited.
Individual cloth towels, cloth towels provided in mechanical dispensers, individual
paper towels, or roller paper towels must be placed for use.
4. Toilets: Modern sanitary flush toilets must be provided where a sewer connection is
available. If a sewer connection is not available, sanitary flyproof privies must be
maintained. All toilets and privies must be kept in a clean, sanitary condition. Separate
toilets and privies must be provided for each sex. No privy or cesspool may be located
less than one hundred feet [30.48 meters] from any well, kitchen, or sleeping quarters.
5. Garbage: All garbage and refuse must be stored in durable, cleanable, insect- and
rodent-resistant containers, and the contents removed and disposed of at a frequency
that will minimize the development of objectionable odors and other conditions that
attract or harbor insects and rodents. All buildings within the mobile home park,
recreational vehicle park, or campground must be screened against flies and kept in a
clean and sanitary condition.
6. Plumbing installations: All plumbing installations in a mobile home park, recreational
vehicle park, or campground must be made in accordance with the state plumbing
code and state laws.
7. Electrical installations: All electrical installations in a mobile home park, recreational
vehicle park, or campground must be made in accordance with the state electrical
code.

8. Streets and roadways: Each mobile home park, recreational vehicle park, and
campground must have roadways or streets wide enough to facilitate the movement of
traffic within the park or campground.
9. Lighting: Each mobile home park, recreational vehicle park, and campground must
have adequate lighting as set forth in rule.
10. Fire protection: Each mobile home park, recreational vehicle park, and campground
must have adequate fire protection in accordance with the state fire code.
11. Playgrounds: Each mobile home park containing twenty-five or more lots shall provide
playground space equivalent to one lot for every twenty-five lots in the park.
12. Multiple-story parks: A multiple-story mobile home park or trailer park may not be
constructed in this state.
### § 23-10-07.1. Service fees.

Service fees that reasonably reflect the cost of the service provided in a mobile home park,
recreational vehicle park, or campground may be charged. Fees may not be charged unless a
service is actually provided.
### § 23-10-08. Sickness in motor or trailer courts - Penalty for failure to report.

Repealed by S.L. 1975, ch. 106, § 673.
### § 23-10-09. Occupancy record.

The owner or manager of a mobile home park, recreational vehicle park, or campground
shall maintain a current record of the names of the occupants of the park or campground.
### § 23-10-10. Posting rules and regulations.

The owner or manager of a licensed mobile home park, recreational vehicle park, or
campground conspicuously shall post or distribute a digital or hard copy of the relevant rules
and regulations to each tenant in the park. Material required to be distributed or posted under
this section must be provided by the department free of charge.
### § 23-10-10.1. Requirement of emergency response procedures.

The owner of a mobile home park, recreational vehicle park, or campground shall establish
a procedure for responding to emergencies and complaints. The procedure must include the
ability to reach a person who has the authority to perform, or direct the performance of, duties
imposed on the owner under this chapter. The procedure must be posted conspicuously in the
mobile home park, recreational vehicle park, and campground or a copy must be provided to the
tenants in writing.
### § 23-10-11. Ejection from premises.

The owner or manager of a mobile home park, recreational vehicle park, or campground
may eject any person from the premises for nonpayment of charges or fees for
accommodations, for a violation of law, for disorderly conduct, for a violation of any regulation of
the department, or for a violation of any reasonable rule of the mobile home park, recreational
vehicle park, or campground which is publicly posted within the park or campground.
### § 23-10-12. Revocation or suspension of license - Penalty for operating without license.

1. The department may deny an application or take disciplinary action, up to and
including suspension or revocation of a license for a mobile home park, recreational
vehicle park, or campground, against any applicant or licensee upon the failure of the
applicant or licensee to comply with this chapter or with any of the rules and
regulations promulgated by the department.
2. Before the department takes disciplinary action against a license, the department shall
notify the licensee in writing of the reason disciplinary action is being considered and
shall provide thirty days for correction to be made. If the licensee demonstrates a
good-faith effort to comply, the department may grant additional time before further

enforcement action is taken. Action taken under the authority granted in this section
must comply with chapter 28-32. Any person who maintains or operates a mobile
home park, recreational vehicle park, or campground without first obtaining a license,
or who operates the same during suspension of the license, is guilty of an infraction.
3. The department may assess a civil penalty of one hundred dollars per day against a
person who maintains or operates a mobile home park, recreational vehicle park, or
campground without first obtaining a license. The civil penalty may not exceed
ten thousand dollars. The proceeds of the civil penalty must be transferred to the
department's general operating fund.
### § 23-10-13. Change in use or closure of mobile home park.

If the owner of a mobile home park applies for the rezoning of a park, the owner shall post a
notice of the proposed rezoning in the park at least five days before the public hearing on the
rezoning. In addition, the owner of a mobile home park shall notify all tenants in that park in
writing of a change in use at least one hundred eighty days before the change in use. A change
in use is a change in the park that would alter any portion of the park which is used to lease to
mobile home owners so that the portion will no longer be leased to mobile home owners. The
owner or manager may not increase rent within ninety days before giving notice of a change in
use for the portion of the park to which the change will apply.
### § 23-10-14. Mobile home security deposit.

The amount of a security deposit may not be modified after the initial lease agreement
between a mobile home park owner and a tenant has been executed by both parties.
