# Title 58 — Townships

## Chapter 58-03 — Powers of Township and of Electors of the Township

### § 58-03-01. Powers of township.

Each township is a body corporate and has capacity:
1. To sue and be sued.
2. To purchase and hold lands within its limits and for the use of its inhabitants subject to
the powers of the legislative assembly.
3. To make such contracts and purchase and hold such personal property as may be
necessary for the exercise of its corporate or administrative powers.
4. To make such orders for the disposition, regulation, or use of its corporate property as
may be deemed conducive to the interests of its inhabitants.
### § 58-03-02. Powers of township limited.

No township may possess or exercise any corporate powers except those enumerated in
this chapter, those specially given by law, and those necessary to the exercise of the powers
enumerated or granted.
### § 58-03-03. Acts of township to be in corporate name.

All acts or proceedings performed by a township in its corporate capacity must be done in
the name of the township.
### § 58-03-04. Townships provide for confinement of prisoners.

Repealed by S.L. 1979, ch. 172, § 29.
### § 58-03-05. Notice to be given that township is providing jail.

Repealed by S.L. 1979, ch. 172, § 29.
### § 58-03-06. Township charges and levies.

The following must be deemed township charges:
1. The compensation of township officers.
2. Contingent expenses necessarily incurred for the use and benefit of the township.
3. The moneys authorized to be raised by the vote of the township meeting for any
township purpose.
4. Each sum directed by law to be raised for any township purpose.
### § 58-03-07. Powers of electors.

The electors of each township have the power at the annual township meeting:
1. To establish one or more pounds within the township, to determine the location of the
pounds, to determine the number of poundmasters and to choose the poundmasters,
and to discontinue pounds which have been established.
2. To select the township officers required to be chosen.
3. To direct the institution or defense of actions in all controversies in which the township
is interested.
4. To direct the raising of such sums as they may deem necessary to prosecute or
defend actions in which the township is interested.
5. To make all rules and regulations for the impounding of animals.
6. To make such bylaws, rules, and regulations as may be deemed necessary to carry
into effect the powers granted to the township.
7. To impose penalties for each offense on persons offending against any rule or
regulation established by the township.
8. To apply penalties when collected in such manner as they deem most conducive to the
interests of the township.
9. To ratify or reject recommendations offered by the board of township supervisors for
the expenditure of funds for the purpose of purchasing building sites and for the

purchase, location, erection, or removal of any building or erection for township
purposes. No recommendation shall be adopted except by a two-thirds vote of the
electors present and voting at any annual township meeting.
10. To authorize and empower the board of township supervisors to purchase liquids,
compounds, or other ingredients for the destruction of noxious weeds, and sprinklers
to be used in spraying said liquids or compounds. No township shall purchase more
than two such sprinklers in any one year.
11. To authorize aid to a district fair association within the limits provided in title 4.
12. To authorize the levy of township taxes for the repair and construction of roads and
bridges and for other township charges and expenses within the limits prescribed in
title 57.
13. To direct the expenditure of funds raised for the repair and construction of roads within
the limits provided in title 24.
14. To authorize the dissolution of the township in the manner provided in this title.
15. To authorize the entering into a contract for fire protection as provided for in section
18-06-10.
16. To authorize the expenditure of funds for the eradication of gophers, prairie dogs,
crows, or magpies.
17. To authorize the expenditure of township funds for weather modification activities.
18. To authorize the expenditure of funds to pay membership fees in county, state, and
national associations of township governments. This subsection may not be construed
to authorize a mill levy.
19. To support an airport or to support or create an airport authority and to levy a tax for
airport purposes within the limitations of section 2-06-15.
20. To direct the transfer of township funds to a rural fire protection district or rural fire
department for fire protection within the township.
21. To direct the transfer of township funds to a rural ambulance service district for
emergency medical service within the township.
22. To establish special assessment districts in accordance with chapter 58-18.
### § 58-03-08. Establishment of public library and reading room.

Repealed by S.L. 1971, ch. 410, § 4.
### § 58-03-09. Township electors shall designate public places for posting notices.

Repealed by S.L. 1977, ch. 562, § 7.
### § 58-03-10. Township bylaws - Clerk must publish and record - On whom binding.

Bylaws made by a township do not take effect until they are published. The township clerk
shall have the bylaws published in a legal newspaper published in the township. If there is no
such newspaper, the bylaws must be published in the county's official newspaper. The clerk
shall make an entry in the township records of the time when and place where the bylaws were
published. The township bylaws duly made and published are binding upon all persons coming
within the limits of the township as well as upon the inhabitants thereof and remain in force until
altered or repealed at some subsequent township meeting.
### § 58-03-11. Establishment of zoning districts - Uniformity.

For the purpose of promoting the health, safety, morals, or the general welfare, or to secure
the orderly development of approaches to municipalities, the board of township supervisors may
establish one or more zoning districts and within the districts, subject to the provisions of
chapter 54-21.3 and section 58-03-11.1, may 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. All regulations
and restrictions under this section must be uniform throughout each district, but the regulations

and restrictions in one district may differ from those in other districts. The board of township
supervisors may establish institutional controls that address environmental concerns with the
department of environmental quality as provided in section 23.1-10-16.
### § 58-03-11.1. 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 a total of forty-five days or more in any
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 as a
residential, recreational, or commercial zoning district. 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 under
subdivision c of subsection 7 of section 23.1-06-15.
3. A board of township supervisors may not prohibit or prevent the use of land or
buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. A regulation may not preclude the development of an animal feeding operation in the
township.
5. A board of township supervisors may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of township supervisors 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 township
supervisors 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 township supervisors 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 township supervisors 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-half mile [0.80 kilometer] from the edge of the area zoned for
residential, recreational, or nonagricultural commercial uses.
c. A board of township supervisors 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
township supervisors 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 58-03-17 before the date the
petition was received by the township. 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 township supervisors does not
validly object to the petition within sixty days of receipt, the animal feeding operation is
deemed in compliance with the township zoning regulations. If the township 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 township 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 township supervisors determines the animal feeding
operation would comply with zoning regulations or fails to object under this section, the
township 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 quality, 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
township action or determination. A board of township supervisors 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 township 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 a total of forty-five days or more in any
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 as a
residential, recreational, or commercial zoning district. 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 under
subdivision c of subsection 7 of section 23.1-06-15.
3. A board of township supervisors may not prohibit or prevent the use of land or
buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. Except as provided in this section, a regulation may not preclude the development of
an animal feeding operation in the township.
5. A board of township supervisors may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of township supervisors 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 township
supervisors 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 township supervisors 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 township supervisors 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-half mile [0.80 kilometer] from the edge of the area zoned for
residential, recreational, or nonagricultural commercial uses.
c. A board of township supervisors 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 township 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 township supervisors 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 58-03-17 before
the date the petition was received by the township.
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 township supervisors does not validly object to the petition within
sixty days of receipt, the animal feeding operation is deemed in compliance with
the township zoning regulations. If the township 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 township 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 township supervisors determines the animal feeding operation
would comply with zoning regulations or fails to object under this section, the
township 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 quality, 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 township action or determination.
f. A board of township supervisors 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 township ordinance, determination, decision, or
objection related to animal feeding operations, the court shall award the prevailing
party actual attorney's fees, costs, and expenses.
### § 58-03-12. Basis for township zoning regulations and restrictions.

1. The regulations and restrictions established in any township zoning district must be
made in accordance with a comprehensive plan with reasonable consideration as to
the character of such district, its peculiar suitability for particular uses, the normal
growth of the municipality, and the various types of occupations, industries, and land
uses within the area, and must be designed to facilitate traffic movement, encourage
orderly growth and development of the municipality and adjacent areas, promote

health, safety, and general welfare, and provide for emergency management, including
and subject to floodplain management as provided under section 58-06-11.
2. "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.
The comprehensive plan must 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.
### § 58-03-13. Township zoning commissions - Membership - Reports and

recommendations - District boundaries - Hearings - Notice.
The board of township supervisors of a township desiring to avail itself of the powers
conferred by sections 58-03-11 through 58-03-15 shall establish, by resolution, a township
zoning commission to recommend the boundaries of the various township zoning districts and
appropriate regulations and restrictions to be established therein. Membership of the
commission must consist of three township supervisors and two members appointed from the
municipalities concerned in relation to which the zoning is contemplated. Where the area to be
regulated and restricted is situated in two or more townships, a joint zoning commission may be
established. Membership of a joint zoning commission must consist of two township supervisors
from each township and two members from the municipality in relation to which the zoning is
contemplated. A zoning commission shall make a preliminary report and hold public hearings
before submitting its final report and recommendations to the board or boards of township
supervisors. The board or boards of township supervisors may establish, and from time to time
change, the boundaries of township zoning districts and establish, amend, supplement, and
enforce regulations and restrictions in the districts. No regulation, restriction, or boundaries
become effective until after a public hearing at which parties in interest and citizens have an
opportunity to be heard. At least fifteen days' notice of the time and place of the hearing must be
published in the official newspaper of the county and also in the official newspaper of the
municipality in relation to which the zoning action is taken, if in the municipality an official
newspaper other than the official newspaper of the county is published. The description of any
land within any zoning district established by a zoning commission together with any regulations
and restrictions established must be filed with the governing bodies of the township and
municipalities concerned, and if amendments are made to the boundaries of the zoning district
or the regulations or restrictions, the amendments must be filed in the same manner. A zoning
commission established under this section and a board of township supervisors 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 commission or board.
### § 58-03-14. Violation of zoning regulations and restrictions - Remedies - Penalties.

1. 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
any regulation or restriction made under the authority conferred by sections 58-03-11
through 58-03-15, the proper local authorities of the township or of the municipality in
relation to which such zoning regulation or restriction is established, or any affected
citizen or property owner, in addition to other remedies, may institute any appropriate
action or proceeding:
a. To prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use;
b. To restrain, correct, or abate such violations;
c. To prevent the occupancy of the building, structure, or land; or
d. To prevent any illegal act, conduct, business, or use in or about such premises.
2. If after reasonable notice and opportunity for hearing by the board of township
supervisors, a property owner fails to bring a building or structure or the use of land

owned by that person into compliance with a regulation or restriction made under
sections 58-03-11 through 58-03-15, in addition to any other remedies, the board of
township supervisors may impose a civil penalty of up to two thousand dollars annually
against the property owner and the property. The board of township supervisors may
also assess the property owner for all costs of the township in bringing the property
into compliance or in instituting and prosecuting any appropriate action or proceeding
under this section. Any civil penalty or assessment of costs, or both, against a property
owner constitute a lien on the property and must be charged against the property and
become a part of the taxes against the property for the ensuing year and must be
collected in the same manner as other real estate taxes are collected and placed to
the credit of the township.
### § 58-03-14.1. 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 township determines that the repair, replacement, improvement,
maintenance, restoration, or rebuilding of a nonconforming structure will violate
subdivision d of subsection 1, the township 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.

### § 58-03-15. Appeals.

Appeals from any rule, restriction, or decision of the board of township supervisors may be
made to the district court of the county in which such township lies. Appeals must be taken in
accordance with the procedure provided in section 28-34-01. Upon a showing that any rule,
restriction, or decision of the board of township supervisors is unreasonable under the
circumstances or contrary to the intent of sections 58-03-11 through 58-03-15, any such rule,
restriction, or decision may be set aside or reversed.
### § 58-03-15.1. Highways - Roads.

Sections 58-03-11 through 58-03-15 do not include any power relating to the role of the
board of township supervisors in the establishment, repair, or maintenance of highways or
roads.
### § 58-03-16. Real property transfers.

Every township may convey, sell, or dispose of real property of the township upon
recommendation by the board of township supervisors and upon approval by the township
electors at the annual meeting or at a special meeting called for such purpose. When the board
estimates the real property to be of a value of less than one thousand dollars, it may be sold at
private sale, but in all other cases such property may be sold only at public sale. A notice
containing a description of the property to be sold and designating the place where and the day
and hour when the sale will be held must be published in the official county newspaper once
each week for two consecutive weeks with the last publication being at least ten days prior to
the date set for the sale. The township electors shall determine and the notice must specify
whether the bids are to be received at auction or as sealed bids. The property advertised must
be sold to the highest bidder if that bid is deemed sufficient by a majority of the township
supervisors.
### § 58-03-17. Regulation of animal feeding operations - Central repository.

Any zoning regulation that pertains to an animal feeding operation, as defined in
section 58-03-11.1, is not effective until filed with the department of environmental quality for
inclusion in the central repository established under section 23.1-01-10.
### § 58-03-18. Limitation on authority - Seed.

Notwithstanding any other law, a township may not impose any requirements or restrictions
pertaining to the registration, labeling, distribution, sale, handling, use, application,
transportation, or disposal of seed.
### § 58-03-19. Building permit - Decision within sixty days of application.

1. A township that regulates the construction, erection, reconstruction, repair, or alteration
of buildings and structures and issues building permits shall respond to a building
permit application within sixty days of receiving the application either by approving the
application and delivering the building permit or by providing the applicant written
notice of the grounds for rejection of the application.
2. If the building or structure for which a permit is requested meets all applicable zoning
regulations and the board of township supervisors or other appropriate official fails to
respond as required under subsection 1, the application is deemed to be approved
and the applicant may proceed with the construction, erection, reconstruction, repair,
or alteration of the building or structure and the township shall return any permit fee
submitted with the application.
3. A township's building permit application form must include a statement that if the
building or structure for which the permit is requested meets all applicable zoning
regulations and the board of township supervisors or other appropriate official fails to
respond within sixty days of receiving the application, the application is deemed
approved. Upon receipt of a building permit application, a township shall note on the

application the date of receipt and shall provide a copy of the submitted application to
the applicant with the date of receipt noted.
### § 58-03-20. Onsite inspections - Exempt meeting.

1. A gathering of the members of a board of township supervisors to conduct an onsite
inspection under this title is an exempt meeting as defined under section 44-04-17.1 if:
a. The township does not have staff available that is capable of making the
inspection; or
b. The board of township supervisors is serving as the township officers and the
staff of the township.
2. The board of township supervisors shall make good-faith efforts to provide notice of
the inspections to each news medium that has filed a written request for notice if the
request includes the news medium's telephone number. The notice must be given by
telephone or by any other method used to notify the members of the public body.
### § 58-03-21. When a township may maintain or vacate streets in a dissolved city.

If a dissolved city is located in an organized township, the township may choose to maintain
or vacate, under chapter 40-39, the streets and alleys in the dissolved city.
