# Title 11 — Counties

## Chapter 11-33 — County Zoning

### § 11-33-01. County power to regulate property.

For the purpose of promoting health, safety, morals, public convenience, general prosperity,
and public welfare, the board of county commissioners of any county may regulate and restrict
within the county, subject to chapter 54-21.3, the location and the use of buildings and
structures and the use, condition of use, or occupancy of lands for residence, recreation, and
other purposes. The board of county commissioners and a county zoning commission shall
state the grounds upon which any request for a zoning amendment or variance is approved or
disapproved, and written findings upon which the decision is based must be included within the
records of the board or commission. The board of county commissioners shall establish zoning
requirements for solid waste disposal and incineration facilities before July 1, 1994. The board
of county commissioners may impose tipping or other fees on solid waste management and
incineration facilities. The board of county commissioners may not impose any fee under this
section on an energy conversion facility or coal mining operation that disposes of its waste
onsite. The board of county commissioners may establish institutional controls that address
environmental concerns with the department of environmental quality as provided in section
23.1-10-16.
### § 11-33-02. Board of county commissioners to designate districts - Uniformity.

For any or all of the purposes designated in section 11-33-01, the board of county
commissioners may divide by resolution all or any parts of the county, subject to section
likewise may enact suitable regulations to carry out the purposes of this chapter. These
regulations must be uniform in each district, but the regulations in one district may differ from
those in other districts.
### § 11-33-02.1. Farming and ranching regulations - Requirements - Limitations -

Definitions. (Effective through July 31, 2026)
1. For purposes of this section:
a. "Animal feeding operation" means a lot or facility, other than normal wintering
operations for cattle and an aquatic animal production facility, where the following
conditions are met:
(1) Animals, other than aquatic animals, have been, are, or will be stabled or
confined and fed or maintained for at least forty-five days in a twelve-month
period; and
(2) Crops, vegetation, forage growth, or postharvest residues are not sustained
in the normal growing season over any portion of the lot or facility.
b. "Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
The term does not include:
(1) The production of timber or forest products; or
(2) The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.
c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
elk, fur animals raised for their pelts, and any other animals that are raised, fed,
or produced as a part of farming or ranching activities.
d. "Location" means the setback distance between a structure, fence, or other
boundary enclosing an animal feeding operation, including its animal waste
collection system, and the nearest occupied residence, the nearest buildings
used for nonfarm or nonranch purposes, or the nearest land zoned for residential,
recreational, or commercial purposes. The term does not include the setback
distance for the application of manure or for the application of other recycled

agricultural material under a nutrient management plan approved by the
department of environmental quality.
2. For purposes of this section, animal units are determined as provided in subdivision c
of subsection 7 of section 23.1-06-15.
3. A board of county commissioners may not prohibit or prevent the use of land or
buildings for farming or ranching and may not prohibit or prevent any of the normal
incidents of farming or ranching.
4. A board of county commissioners may not preclude the development of an animal
feeding operation in the county.
5. A board of county commissioners may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of county commissioners may adopt regulations that establish different
standards for the location of animal feeding operations based on the size of the
operation and the species and type being fed.
7. If a regulation would impose a substantial economic burden on an animal feeding
operation in existence before the effective date of the regulation, the board of county
commissioners shall declare that the regulation is ineffective with respect to any
animal feeding operation in existence before the effective date of the regulation.
8. a. A board of county commissioners may establish high-density agricultural
production districts in which setback distances for animal feeding operations and
related agricultural operations are less than those in other districts.
b. A board of county commissioners may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for animal feeding
operations and related agricultural operations are greater than those in other
districts; provided, the low-density agricultural production districts may not extend
more than one and one-half miles [2.40 kilometers] from the edge of the area
zoned for residential, recreational, or nonagricultural commercial uses.
c. A board of county commissioners may not adopt or enforce setbacks applicable
to animal feeding operations that exceed the setback distances provided in
subsection 7 of section 23.1-06-15.
d. For purposes of this subsection, a "related agricultural operation" means a facility
that produces a product or byproduct used by an animal feeding operation.
9. A person intending to construct an animal feeding operation may petition the board of
county commissioners for a determination whether the animal feeding operation would
comply with zoning regulations adopted under this section and filed with the
department of environmental quality under section 11-33-22 before the date the
petition was received by the county. The petition must contain a description of the
nature, scope, and location of the proposed animal feeding operation and a site map
showing road access, the location of any structure, and the distance from each
structure to the nearest section line. If the board of county commissioners does not
validly object to the petition within sixty days of receipt, the animal feeding operation is
deemed in compliance with the county zoning regulations. If the county allows animal
feeding operations as a conditional use, the conditional use regulations must be
limited to the board's authority under this section, and the approval process must
comply with this section. The county shall make a valid determination on the
application within sixty days of the receipt of a complete conditional use permit
application. If the board of county commissioners determines the animal feeding
operation would comply with zoning regulations or fails to object under this section, the
county may not impose additional zoning regulations relating to the nature, scope, or
location of the animal feeding operation later, provided an application is submitted
promptly to the department of environmental equality, the department issues a final
permit, and construction of the animal feeding operation commences within three
years from the date the department issues its final permit and any permit appeals are
exhausted. Any objection or determination that subsequently is reversed, set aside, or
invalidated by a court of this state, is not a valid objection or decision for the purpose

of calculating a procedural timeline under this section. A procedural timeline imposed
by this section continues to be in effect during the pendency of any appeal of a county
action or determination. A board of county commissioners may not:
a. Regulate or impose zoning restrictions or requirements on animal feeding
operations or other agricultural operations except as expressly permitted under
this section;
b. Impose water quality, closure, site security, lagoon, or nutrient plan regulations or
requirements on animal feeding operations;
c. Charge fees or expenses of any kind totaling, in the aggregate, more than five
hundred dollars in connection with any permit, petition, application, or other
request relating to animal feeding operations; or
d. Require an existing animal feeding operation to have a permit for improvements
or other modifications of an operation that is in current compliance with state and
federal regulations or require an existing operation to have a permit for
improvements or other modifications that bring the operation into compliance with
state or federal regulations, if the modifications or improvements do not cause the
operation to exceed animal numbers of the setback requirement.
10. If a party challenges the validity of a county ordinance, determination, decision, or
objection related to animal feeding operations, the court shall award the prevailing
party actual attorney's fees, costs, and expenses.
Farming and ranching regulations - Requirements - Limitations - Definitions.
(Effective after July 31, 2026)
1. For purposes of this section:
a. "Animal feeding operation" means a lot or facility, other than normal wintering
operations for cattle and an aquatic animal production facility, where the following
conditions are met:
(1) Animals, other than aquatic animals, have been, are, or will be stabled or
confined and fed or maintained for at least forty-five days in a twelve-month
period; and
(2) Crops, vegetation, forage growth, or postharvest residues are not sustained
in the normal growing season over any portion of the lot or facility.
b. "Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
The term does not include:
(1) The production of timber or forest products; or
(2) The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.
c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
elk, fur animals raised for their pelts, and any other animals that are raised, fed,
or produced as a part of farming or ranching activities.
d. "Location" means the setback distance between a structure, fence, or other
boundary enclosing an animal feeding operation, including its animal waste
collection system, and the nearest occupied residence, the nearest buildings
used for nonfarm or nonranch purposes, or the nearest land zoned for residential,
recreational, or commercial purposes. The term does not include the setback
distance for the application of manure or for the application of other recycled
agricultural material under a nutrient management plan approved by the
department of environmental quality.
2. For purposes of this section, animal units are determined as provided in subdivision c
of subsection 7 of section 23.1-06-15.
3. A board of county commissioners may not prohibit or prevent the use of land or
buildings for farming or ranching and may not prohibit or prevent any of the normal
incidents of farming or ranching.
4. Except as provided in this section, a board of county commissioners may not preclude
the development of an animal feeding operation in the county.

5. A board of county commissioners may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of county commissioners may adopt regulations that establish different
standards for the location of animal feeding operations based on the size of the
operation and the species and type being fed.
7. If a regulation would impose a substantial economic burden on an animal feeding
operation in existence before the effective date of the regulation, the board of county
commissioners shall declare the regulation ineffective with respect to any animal
feeding operation in existence before the effective date of the regulation.
8. a. A board of county commissioners may establish high-density agricultural
production districts in which setback distances for animal feeding operations and
related agricultural operations are less than those in other districts.
b. A board of county commissioners may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for animal feeding
operations and related agricultural operations are greater than those in other
districts; provided, the low-density agricultural production districts may not extend
more than one and one-half miles [2.40 kilometers] from the edge of the area
zoned for residential, recreational, or nonagricultural commercial uses.
c. A board of county commissioners may not adopt or enforce setbacks applicable
to animal feeding operations that exceed the setback distances provided in
subsection 7 of section 23.1-06-15, except setback distances may be reduced or
extended based on the results of the odor footprint tool developed by the
agriculture commissioner. A county may not use an odor annoyance free
percentage exceeding ninety-four percent.
d. For purposes of this subsection, a "related agricultural operation" means a facility
that produces a product or byproduct used by an animal feeding operation.
9. a. A person intending to construct an animal feeding operation may petition the
board of county commissioners for a determination whether the animal feeding
operation would comply with zoning regulations adopted under this section and
filed with the department of environmental quality under section 11-33-22 before
the date the petition was received by the county.
b. The petition must contain a description of the nature, scope, and location of the
proposed animal feeding operation and a site map showing road access, the
location of any structure, and the distance from each structure to the nearest
section line.
c. If the board of county commissioners does not validly object to the petition within
sixty days of receipt, the animal feeding operation is deemed in compliance with
the county zoning regulations. If the county allows animal feeding operations as a
conditional use, the conditional use regulations must be limited to the board's
authority under this section, and the approval process must comply with this
section. The county shall make a valid determination on the application within
sixty days of the receipt of a complete conditional use permit application.
d. If the board of county commissioners determines the animal feeding operation
would comply with zoning regulations or fails to object under this section, the
county may not impose additional zoning regulations relating to the nature,
scope, or location of the animal feeding operation later, provided an application is
submitted promptly to the department of environmental equality, the department
issues a final permit, and construction of the animal feeding operation
commences within three years from the date the department issues its final
permit and any permit appeals are exhausted. Any objection or determination that
subsequently is reversed, set aside, or invalidated by a court of this state, is not a
valid objection or decision for the purpose of calculating a procedural timeline
under this section.
e. A procedural timeline imposed by this section continues to be in effect during the
pendency of any appeal of a county action or determination.

f. A board of county commissioners may not:
(1) Regulate or impose zoning restrictions or requirements on animal feeding
operations or other agricultural operations except as expressly permitted
under this section;
(2) Impose water quality, closure, site security, lagoon, or nutrient plan
regulations or requirements on animal feeding operations;
(3) Charge fees or expenses of any kind totaling, in the aggregate, more than
five hundred dollars in connection with any permit, petition, application, or
other request relating to animal feeding operations; or
(4) Require an existing animal feeding operation to have a permit for
improvements or other modifications of an operation that is in current
compliance with state and federal regulations or require an existing
operation to have a permit for improvements or other modifications that
bring the operation into compliance with state or federal regulations, if the
modifications or improvements do not cause the operation to exceed animal
numbers of the setback requirement.
10. If a party challenges the validity of a county ordinance, determination, decision, or
objection related to animal feeding operations, the court shall award the prevailing
party actual attorney's fees, costs, and expenses.
### § 11-33-03. Object of regulations.

These regulations shall be made in accordance with a comprehensive plan and designed
for any or all of the following purposes:
1. To protect and guide the development of nonurban areas.
2. To provide for emergency management, including floodplain management as provided
under section 11-11-71. "Emergency management" means a comprehensive
integrated system at all levels of government and in the private sector which provides
for the development and maintenance of an effective capability to mitigate, prepare for,
respond to, and recover from known and unforeseen hazards or situations, caused by
an act of nature or man, which may threaten, injure, damage, or destroy lives,
property, or our environment.
3. To regulate and restrict the erection, construction, reconstruction, alteration, repair, or
use of buildings and structures, the height, number of stories, and size of buildings and
structures, the percentage of lot that may be occupied, the size of courts, yards, and
other open spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purposes.
4. To lessen governmental expenditures.
5. To conserve and develop natural resources.
These regulations shall be made with a reasonable consideration, among other things, to the
character of the district and its peculiar suitability for particular uses. The comprehensive plan
shall be a statement in documented text setting forth explicit goals, objectives, policies, and
standards of the jurisdiction to guide public and private development within its control.
### § 11-33-04. County planning commissions authorized - Membership.

The board of county commissioners of any county desiring to avail itself of the powers
conferred by this chapter shall establish, by resolution, a county planning commission to
recommend the boundaries of the various county zoning districts and appropriate regulations
and restrictions to be established therein. In counties with three-member boards of county
commissioners, the planning commission consists of seven members, of whom at least one
must be appointed from the governing body of the city that is the county seat, and of whom at
most one may be appointed from the board of county commissioners. In counties with
five-member boards of county commissioners the planning commission consists of nine
members, of whom at least two must be appointed from the governing body of the city that is
the county seat, and of whom at most two may be appointed from the board of county
commissioners. The term of an ex officio member is coterminous with the member's term in the
underlying office. The remaining members shall be appointed from the county at large. In

counties that elect county commissioners from districts, at least one at large member of the
planning commission must be appointed from each district. When appointments to said
commission are first made, three members at large shall be appointed for a two-year term and
two members at large for a four-year term, after which all subsequent appointments for
members at large shall be for a four-year term. Appointments to fill vacancies shall be for the
unexpired portion of the term. All appointments to the county planning commission shall be
made by the board of county commissioners.
### § 11-33-05. Meetings - Officers.

The commission shall meet within thirty days after its appointment and elect a chairman and
other necessary officers from its membership. The commission may adopt rules and bylaws not
inconsistent with the provisions of this chapter. A majority of the members of the commission
constitutes a quorum. The appointing authority shall establish the rate of compensation for
commissioners and actual expenses incurred by commissioners may be reimbursed at the
official reimbursement rates of the appointing authority. The county auditor shall serve as
secretary to the commission and shall keep all of the records and accounts of the commission.
### § 11-33-06. Investigations.

The county planning commission in conjunction with the township boards of the affected
areas shall investigate and determine the necessity of establishing districts and prescribing
regulations therefor, as herein provided; and, for that purpose, shall consult with residents of
affected areas, and with federal, state, and other agencies concerned. State, county, township,
and city officials, departments, or agencies are hereby required to make available, upon request
of the county planning commission, such pertinent information as they may possess, to render
technical assistance, and to cooperate in assembling and compiling pertinent information.
### § 11-33-07. County planning commission to prepare plan.

After investigation, as herein provided, the county planning commission shall prepare a
proposed resolution to be submitted to the board of county commissioners establishing districts
and prescribing regulations therefor, as herein provided, which shall be filed in the office of the
county auditor.
### § 11-33-08. Hearings.

After the filing of the proposed resolution, the county planning commission shall hold a
public hearing thereon, at which the proposed resolution shall be submitted for discussion, and
parties in interest and citizens shall have an opportunity to be heard. Notice of the time, place,
and purpose of the hearing shall be published once each week for two consecutive weeks in the
official newspaper of the county, and in such other newspapers published in the county as the
county planning commission may deem necessary. Said notice shall describe the nature, scope,
and purpose of the proposed resolution, and shall state the times at which it will be available to
the public for inspection and copying at the office of the county auditor.
### § 11-33-09. Publication of resolutions - Effective date.

Following the public hearing, the board of county commissioners may adopt the proposed
resolutions or any amendments thereto, with such changes as it may deem advisable. Upon
adoption of any resolution or any amendment thereto, the county auditor shall file a certified
copy thereof with the recorder. Immediately after the adoption of any such resolution or any
amendment thereto, the county auditor shall cause notice of the same to be published for two
successive weeks in the official newspaper of the county and in such other newspapers
published in the county as the board of county commissioners may deem necessary. Said
notice shall describe the nature, scope, and purpose of the adopted resolution, and shall state
the times at which it will be available to the public for inspection and copying at the office of the
recorder. Proof of such publication shall be filed in the office of the county auditor. If no petition
for a separate hearing is filed pursuant to section 11-33-10, the resolution or amendment thereto
shall take effect upon the expiration of the time for filing said petition. If a petition for a separate

hearing is filed pursuant to section 11-33-10, the resolution shall not take effect until the board of
county commissioners has affirmed such resolution or amendment in accordance with the
procedures of section 11-33-10. Any such resolution may, from time to time, be amended or
repealed by the board of county commissioners upon like proceedings as in case of the
adoption of a resolution.
### § 11-33-10. Separate hearings.

Any person aggrieved by any provision of a resolution adopted hereunder, or any
amendment thereto may, within thirty days after the first publication of such resolution or
amendment, petition for a separate hearing thereon before the board of county commissioners.
The petition shall be in writing and shall specify in detail the ground of the objections. The
petition shall be filed with the county auditor. A hearing thereon shall be held by the board no
sooner than seven days, nor later than thirty days after the filing of the petition with the county
auditor, who shall notify the petitioner of the time and place of the hearing. At this hearing, the
board of county commissioners shall consider the matter complained of and shall notify the
petitioner, by registered or certified mail, what action, if any, it proposes to take thereon. The
board of county commissioners, at its next regular meeting, shall either rescind or affirm such
resolution or amendment. The provisions of this section shall not operate to curtail or exclude
the exercise of any other rights or powers of the board of county commissioners or any citizen.
### § 11-33-11. May adjust enforcement.

The board of county commissioners is authorized to adjust the application or enforcement of
any provision of a resolution hereunder in any specific case when a literal enforcement of such
provision would result in great practical difficulties, unnecessary hardship, or injustice, so as to
avoid such consequences, provided such action shall not be contrary to the public interest or
the general purposes hereof.
### § 11-33-12. Appeals to district court.

Any person, or persons, jointly or severally, aggrieved by a decision of the board of county
commissioners under this chapter, may appeal to the district court in the manner provided in
section 28-34-01.
### § 11-33-13. Not to affect use.

The lawful use or occupation of land or premises existing at the time of the adoption of a
resolution hereunder may be continued, although such use or occupation does not conform to
the provisions thereof, but if such nonconforming use or occupancy is discontinued for a period
of more than two years, any subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy. If the state acquires title to any land or premises, all further use
or occupancy thereof shall be a conforming use or occupancy.
### § 11-33-14. Nonconforming uses regulated.

The board of county commissioners, may, by resolutions, as herein provided, prescribe
such reasonable regulations, not contrary to law, as it deems desirable or necessary to regulate
and control nonconforming uses and occupancies.
### § 11-33-15. Board of county commissioners to make complete list.

Repealed by S.L. 1969, ch. 138, § 2.
### § 11-33-16. Enforcement.

The board of county commissioners shall provide for the enforcement of this chapter and of
resolutions and regulations made thereunder and may impose enforcement duties on any
officer, department, agency, or employee of the county.

### § 11-33-17. Violation of zoning regulations and restrictions - Remedies.

If any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or if any building, structure, or land is used in violation of this chapter,
the proper county authorities or any affected citizen or property owner, in addition to other
remedies, may institute any appropriate action or proceedings:
1. To prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use.
2. To restrain, correct, or abate such violations.
3. To prevent the occupancy of the building, structure, or land.
4. To prevent any illegal act, conduct, business, or use in or about such premises.
### § 11-33-17.1. Zoning - Nonconforming structure.

1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming
structure devoted to residential use and located in a residential zoning district may be
repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even
though the structure is damaged beyond fifty percent of its value if:
a. An application for a building permit is submitted within six months of the date the
damage occurs;
b. Restoration begins within one year of the date the damage occurred;
c. The lot or parcel upon which the structure dedicated to residential use is located
abuts a public right of way; and
d. The new structure will not:
(1) Occupy a portion of the lot which was not occupied by the damaged
structure;
(2) Have more square footage than the damaged structure;
(3) Exceed the height or number of stories of the damaged structure;
(4) Diminish the number of off-street parking spaces located on the property
from the number of spaces before the damage;
(5) Violate existing building and fire codes;
(6) Violate existing sanitary or health standards imposed by the local health
district;
(7) Pose a risk to public health or safety;
(8) Encroach upon a public right of way; or
(9) Encroach upon any neighboring property.
2. Under subsection 1, expansion of a nonconforming structure is prohibited unless the
expansion is in compliance with applicable zoning ordinances and state laws and
rules. The zoning authority shall determine whether a proposed expansion is in
compliance.
3. Under subsection 1, a nonconforming structure may not be moved unless the
movement or relocation will bring the structure into compliance with all applicable
zoning ordinances.
4. Notwithstanding subsection 1, the zoning authority shall regulate the repair,
replacement, improvement, maintenance, restoration, rebuilding, or expansion of
nonconforming uses and structures in floodplain areas to the extent necessary to
maintain eligibility in the national flood insurance program and adhere fully to all
applicable floodplain management ordinances without increasing flood damage
potential or increasing the degree of obstruction to floodflows in the floodway.
5. Notwithstanding subsections 1, 2, and 3, the zoning authority may create a less
restrictive ordinance or regulation.
6. Unless the county determines the repair, replacement, improvement, maintenance,
restoration, or rebuilding of a nonconforming structure will violate subdivision d of
subsection 1, the county shall issue a building permit to a property owner that meets
the qualifications under subsection 1.
7. For purposes of this section, "nonconforming structure" means a structure that was
legal before a change in ordinance made the structure nonconforming.

### § 11-33-18. Power of board of county commissioners to issue permits - Notification of

director of the department of transportation - Power of board to appropriate money.
1. The board of county commissioners may authorize and provide for the issuance of
permits as a prerequisite to construction, erection, reconstruction, alteration, repair, or
enlargement of any building or structure otherwise subject to this chapter.
2. If a board of county commissioners provides for the issuance of permits, the board
shall require the applicant to state whether the structure is reasonably anticipated to
have a significant impact on the transportation system. A structure is deemed to have
significant impact on the transportation system if, over a period of one year, it will have
an average daily usage of at least twenty-five motor vehicles whose gross weight
exceeds sixty thousand pounds [27215.54 kilograms]. The board shall require that, if
the structure will have a significant impact on the transportation system, the director of
the department of transportation be notified and be given an opportunity to comment
on the application. However, approval of the director of the department of
transportation of the proposed structure is not required.
3. The board may establish and collect reasonable fees for permits issued under this
section. The fees so collected must be credited to the general fund of the county.
4. The board of county commissioners may appropriate, out of the general funds of the
county, such moneys as may be necessary for the purposes of this chapter.
### § 11-33-19. Joint planning commission may be established.

If the area to be regulated and restricted is situated in two or more counties, a joint planning
commission may be established. Membership of such a joint planning commission shall consist
of five members from each county planning commission to be appointed by the chairman of the
respective county planning commissions. Each joint commission shall make a preliminary report
and hold public hearings thereon as is provided in the case of county planning commissions
before submitting its final report and recommendations to the respective county planning
commissions of each county concerned.
### § 11-33-20. Township zoning not affected - Township and city may relinquish powers -

Joint zoning authority over solid waste disposal facilities.
Repealed by S.L. 2015, ch. 422, § 2.
### § 11-33-21. General penalties for violation of zoning regulations and restrictions.

A violation of any provision of this chapter or the regulations and restrictions made
thereunder shall constitute the maintenance of a public nuisance and shall be a class B
misdemeanor.
### § 11-33-22. Regulation of animal feeding operations - Central repository.

Any zoning regulation that pertains to an animal feeding operation, as defined in section
11-33-02.1, is not effective until filed with the department of environmental quality for inclusion in
the central repository established under section 23.1-01-10.
### § 11-33-23. Highways - Roads.

This chapter does not include any power relating to the role of the board of county
commissioners in the establishment, repair, or maintenance of highways or roads.
