# Title 4.1 — Agriculture

## Chapter 4.1-20 — Soil Conservation

### § 4.1-20-01. Policy and scope of chapter.

It is the policy of this state and within the scope of this chapter to provide for the
conservation of the soil and soil resources of this state and for the control and prevention of soil
erosion, and to preserve the state's natural resources, control floods, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of rivers, preserve wildlife, protect the
tax base, protect public lands, and protect and promote the health, safety, and general welfare
of the people of this state.
### § 4.1-20-02. Definitions.

In this chapter, unless the context otherwise requires:
1. "Committee" means the state soil conservation committee.
2. "Director" means the director of the North Dakota state university extension service.
3. "District" means a political subdivision of this state organized as a soil conservation
district under this chapter.
4. "Due notice" means notice published at least twice, with at least seven days between
publications, in a newspaper or other publication of general circulation within the
appropriate area.
5. "Government" includes the government of this state, the government of the United
States, and any subdivision, agency, or instrumentality, corporate or otherwise, of
either of them.
6. "Land occupier" includes any person that holds title to or is in possession of any lands
lying within a district.
7. "Qualified elector" means an individual who is at least eighteen years old, is a citizen
of the United States, and has resided in the precinct thirty days next preceding the
election.
8. "Supervisor" means one of the members of the governing body of a district, elected or
appointed, in accordance with this chapter.
### § 4.1-20-03. State soil conservation committee - Elective and appointive members -

Records and seal.
1. The committee shall perform the functions conferred upon it in this chapter within the
limits of legislative appropriations. The committee consists of seven voting members.
Five members must be elected and two must be appointed by the governor.
2. For the purpose of electing the five elective members of the committee, the state is
divided into five areas.
a. (1) Area I includes Benson, Cavalier, Eddy, Foster, Grand Forks, Nelson,
Pembina, Ramsey, Towner, Walsh, and Wells Counties.
(2) Area II includes Barnes, Cass, Dickey, Griggs, LaMoure, Ransom, Richland,
Sargent, Steele, and Traill Counties.
(3) Area III includes Bottineau, Burke, Divide, McHenry, Mountrail, Pierce,
Renville, Rolette, and Ward Counties.
(4) Area IV includes Burleigh, Emmons, Kidder, Logan, McIntosh, McLean,
Morton, Oliver, Sheridan, Sioux, and Stutsman Counties.
(5) Area V includes Adams, Billings, Bowman, Dunn, Golden Valley, Grant,
Hettinger, McKenzie, Mercer, Stark, Slope, and Williams Counties.
b. One member of the committee must be elected from each of the five areas by
vote of the members of the boards of supervisors of the districts in that area.
Every voting member of a board of supervisors of a district organized under this
chapter is eligible to vote in the election for a member of the committee in the
area in which the district is located.
c. Elections must be held under rules adopted by the committee and in cooperation
with and at the time of the North Dakota association of soil conservation districts

area meetings. If the district does not lie wholly within the boundaries of one of
the five areas established under this section, the rules must provide for the
assignment of the district by the committee, for the purposes of the elections, to
the area within which most of its population resides.
d. The committee shall conduct the election of members of the committee. The
election need not be held on the same dates or in the same places as the general
elections for state or local officers.
3. The governor shall appoint two members of the committee. The governor shall appoint
individuals who can represent those interests within the state not already represented,
or less fully represented, by one or more of the five elected members of the
committee. The governor shall attempt, so far as feasible, to make possible suitable
representation for all interests in the state in the membership of the committee,
including the interests of farmers, livestock growers, rural areas, small and large cities,
and industry and business, recognizing that any single member of the committee may
sometimes appropriately be regarded as representing more than one of these
interests.
4. The committee shall invite representatives of the state association of soil conservation
districts, North Dakota state university extension service, soil conservation service,
state water commission, agriculture commissioner, and game and fish department to
serve as advisory, nonvoting members of the committee.
5. The term of office of every member of the committee is three years and until a
successor is elected or appointed. A member of the committee is eligible for re-election
and reappointment, but no member may serve for more than two full, successive
terms. The governor may fill a vacancy in either an elective or appointive term for the
unexpired term.
### § 4.1-20-04. Committee - Chairman - Quorum - Compensation.

The committee shall meet annually and select its chairman, who shall serve until a
successor is selected and takes office. An individual may be selected as chairman for a total of
three terms. Additional meetings may be held by the committee as considered necessary by the
chairman, at a time and place to be fixed by the chairman. The chairman shall call special
meetings upon written request of any four members. The members of the committee are entitled
to receive one hundred thirty-five dollars per day as compensation for their services on the
committee, and are entitled to expenses, including traveling expenses, necessarily incurred in
the discharge of their duties on the committee, in the same manner and at the same rate as
prescribed by law for state employees and officials.
### § 4.1-20-05. Duties and powers generally.

The committee has the following duties and powers:
1. To offer such assistance as may be appropriate to the supervisors of districts in the
carrying out of any of their powers and programs.
2. To keep the supervisors of each of the several districts informed of the activities and
experience of all other districts, and to facilitate an interchange of advice and
experience among such districts and cooperation among them.
3. To secure the cooperation and assistance of state, federal, regional, interstate, and
local, public, and private agencies with districts and to facilitate arrangements under
which districts may assist or serve county governing bodies and other agencies in the
administration of any activity concerned with the conservation of natural resources.
4. To review agreements, or forms of agreements, proposed to be entered into by
districts with other districts or with state, federal, interstate, or other public or private
organizations, and advise the districts concerning such agreements or forms of
agreement.
5. To recommend to the director biennial budgets necessary to finance the activities of
the committee and districts and to distribute moneys appropriated by the legislative
assembly for grants to soil conservation districts.
6. To represent the state in matters affecting soil conservation.

7. To require annual reports from districts.
8. To establish uniform accounting methods that must be used by districts, and to
establish a uniform auditing reporting system.
9. To receive from other state and local agencies for review and comment suitable
descriptions of their plans, programs, and activities affecting the conservation of
natural resources for purposes of coordination with district conservation programs;
arrange for and participate in conferences necessary to avoid conflict among such
plans and programs; call attention to omissions; and avoid duplication of effort.
### § 4.1-20-06. Extension service assistance to state soil conservation committee - Duties.

The North Dakota state university extension service shall assist the committee in performing
the committee's duties, within the limits of legislative appropriation. The director shall instruct
extension agents to cooperate in the delivery of information and services to the districts.
### § 4.1-20-07. Districts - Petition - Contents - More than one petition filed.

1. Any twenty-five qualified electors living within the limits of the area proposed to be
organized into a district may file a petition with the state soil conservation committee
asking that a soil conservation district be organized in the area described in the
petition. The petition must set forth:
a. The proposed name of the district.
b. The need for a soil conservation district to function in the area described in the
petition.
c. A description of the area proposed to be organized as a district.
d. A request that the state soil conservation committee duly define the boundaries
for the district, that an election be held within the defined area on the question of
the creation of a soil conservation district in that area, and that the committee
determine that such a district be created.
2. When more than one petition is filed covering parts of the same area, the state soil
conservation committee may consolidate all or any of such petitions.
### § 4.1-20-08. Hearings on petitions - When held - Notice - Determinations.

1. Within thirty days after a petition under section 4.1-20-07 has been filed, the state soil
conservation committee shall cause publication of due notice of a hearing on the
desirability of creation of a soil conservation district, the appropriate boundaries to be
assigned to the district, the propriety of the petition and the other proceedings taken
under this chapter, and upon all other relevant questions. All qualified electors living
within the area described in the petition, and of lands within any area considered for
addition to the area described in the petition, and all other interested parties have the
right to attend and be heard at the hearing. If it appears at the hearing that it may be
desirable to include within the proposed district additional area outside of the area
within which due notice of hearing has been given, the hearing must be adjourned and
due notice of further hearing must be given throughout the entire area considered for
inclusion in the district, and further hearing must be held.
2. If the committee determines, upon the facts presented at the hearing and upon other
available relevant facts and information, there is need, in the public interest, for a soil
conservation district to function in the area considered at the hearing, the committee
shall record that determination and define the district boundaries by metes and bounds
or legal subdivisions. In making the determination and defining the boundaries, the
committee shall give due weight and consideration to:
a. The topography of the area considered and of the state;
b. The composition of soils, distribution of erosion, prevailing land use practices,
and desirability and necessity of including within the boundaries the area under
consideration;
c. The benefits the area may receive from being included within such boundaries;

d. The relation of the proposed area to existing watersheds and agricultural regions,
and to other soil conservation districts already organized or proposed for
organization under this chapter; and
e. Any other relevant physical, geographic, and economic factors, having due
regard to the legislative policy set forth in section 4.1-20-01.
3. If the committee determines, after the hearing and due consideration of the relevant
facts, there is no need for a soil conservation district to function in the area considered
at the hearing, the committee shall record that determination and deny the petition.
After six months has expired from the date of the denial of that petition, a subsequent
petition covering the same or substantially the same area may be filed and a new
hearing held and new determinations made.
### § 4.1-20-09. Election - When held - Contents of ballot - Who may vote.

After the committee has determined the necessity for the organization of a district and has
defined the boundaries of the proposed district, the committee shall hold an election within the
proposed district upon the creation of the proposed district and shall cause due notice of the
election to be given. The question must be submitted by ballot in substantially the following
form:
Shall a soil conservation district be created embracing lands situated in the counties of
__________ and __________ and described as follows: (Here inserting description).
Yes ☐
No ☐
All qualified electors residing within the boundaries of the proposed district are entitled to vote in
the election.
### § 4.1-20-10. Publication of election results - Determination of feasibility of operation of

district.
The committee shall publish the results of any election. If a majority of the votes cast are in
favor of the creation of a district, the committee shall determine whether the operation of a
district within the boundaries specified on the election is administratively feasible. In making that
determination, the committee shall consider such factors, objects, and other determinations as
to accomplish the policy and scope of this chapter as set forth in section 4.1-20-01.
### § 4.1-20-11. District determined feasible - Statement filed with secretary of state.

If the committee determines the operation of a proposed district is administratively feasible,
the committee shall file with the secretary of state a certified statement identifying the
boundaries and name of that district. The statement must include the reasons for the formation
of the district and the result of the election.
### § 4.1-20-12. District to be a political subdivision - Boundaries of district.

Upon the certification by the committee to the secretary of state under section 4.1-20-11, the
district becomes a political subdivision of the state and a body corporate and politic. The
secretary of state shall issue to the committee a certificate of the due organization of the district
under the seal of the state and record the certificate with the application and statement. The
boundaries of the district include the area as determined by the committee, but may not include
any area included within the boundaries of another soil conservation district.
### § 4.1-20-13. Petition to include additional area within existing district.

Petitions to include additional area within an existing district may be filed with the committee
at any time, and the proceedings provided in connection with a petition to organize a district
must be observed in the case of a petition for such inclusion. A portion of a district may upon
petition of a majority of the qualified electors in that portion, and without an election, be annexed
to an adjoining district, and become a part of that adjoining district upon filing the petition with
the state soil conservation committee.

### § 4.1-20-14. Districts presumed to be organized legally - Copy of certificates as

evidence.
In any suit, action, or proceeding involving or relating to the validity or enforcement of any
contract, proceeding, or action of a district, the district is deemed to have been established in
accordance with the provisions of this chapter, upon proof of the issuance of the certificate of
organization by the secretary of state. A copy of the certificate, when duly certified by the
secretary of state, is admissible in evidence in any suit, action, or proceeding and is proof of the
filing and its contents.
### § 4.1-20-15. Notice to file nominating petitions and of election of district supervisors.

As soon as practicable after the issuance by the secretary of state of the certificate of
organization of a soil conservation district, and before the next general election, the committee
shall give notice that nominating petitions may be filed with the county auditor, and that at the
next general election held in the district three supervisors must be elected, who must be land
occupiers of the district and who constitute the governing body of the district.
### § 4.1-20-16. Nominating petitions - Petitions required - Final filing date.

1. Any individual running for the office of supervisor shall present to the county auditor of
the county in which the district lies a petition giving that individual's name and mailing
address and the title and term of the office, and containing the signatures of not less
than twenty-five nor more than three hundred qualified electors of the district. When a
district lies in more than one county, the petition must be filed with the county auditor of
the county where the candidate resides, and that county auditor shall certify to the
county auditors of the other counties in which the district lies the name and mailing
address of the candidate filing such petition.
2. An individual may not participate directly or indirectly in the nomination for more than
one individual for each office to be filled. The final filing date for nominating petitions is
no later than four p.m. sixty-four days before the day of the election.
3. Upon receipt of the petition or the certification as provided in this section, the county
auditor shall place, without fee, the name of the candidate so nominated on the
no-party ballot at the ensuing general election.
### § 4.1-20-17. Regular election of district - When held - Regulations governing.

The regular election of soil conservation districts must be held at the same time, and at the
same place, as the general election is held. All qualified electors in the district may vote in any
regular election of the district. Any land occupier living in the district desiring to be a candidate
for the office of supervisor at a district election and who has failed to file a nominating petition
may campaign and be elected as a write-in candidate for the office.
### § 4.1-20-18. Supervisors - Terms of office - Vacancies - Removal - Compensation -

Expenses.
1. At each general election, one district supervisor must be elected for a term of
six years, or until the successor is duly elected and qualified, to each expiring or
vacant term. The county auditor of the county or counties in which the district lies shall
canvass the returns and issue certificates of election under chapter 16.1-15. When a
district lies in more than one county, the county auditor of the county in which the
candidate resides shall issue the certificate of election.
2. To be eligible for election to the office of district supervisor, candidates must be land
occupiers and physically living in the district. Candidates must be elected on a
nonpartisan ballot. If the office of any supervisor becomes vacant, the remaining
members of the board of supervisors, with the advice and consent of the committee,
shall fill the vacancy by appointment. If vacancies occur in the office of two
supervisors, the remaining supervisor and the committee shall fill the vacancy. If the
offices of all supervisors of a district become vacant, the committee shall fill the
vacancies by appointment. A supervisor appointed to fill a vacancy holds office until

the next general election. A supervisor elected to fill a vacancy serves the balance of
the unexpired term in which the vacancy occurred.
3. Upon resolution of the three elected supervisors, a soil conservation district, may
appoint two additional supervisors who shall serve for a term of one year from the date
of appointment. Those supervisors must be appointed by a majority of the three
elected supervisors and have all the powers, voting privileges, duties, and
responsibilities of elected supervisors, except that the expense allowances of the
appointed supervisors must be paid by the local soil conservation district concerned.
As far as possible, the appointed supervisors shall represent interests within the
district which are not represented by the elected supervisors.
4. After notice given and hearing held in accordance with chapter 28-32, a supervisor of
a soil conservation district may be removed from office by the committee.
5. a. Upon a majority vote of the supervisors, while performing duties as a member,
the soil conservation district board shall provide to each member:
(1) Compensation of at least seventy-five dollars per day but not more than the
rate set for a member of the legislative assembly under section 54-03-20;
(2) An allowance for meals and lodging at the rate set in section 44-08-04; and
(3) Mileage and travel expenses at the rate set in section 54-06-09.
b. All compensation and expenses under this subsection must be paid from district
funds.
### § 4.1-20-19. Soil conservation district supervisors - Training.

As soon as practicable after an individual is elected or appointed to the position of a soil
conservation district supervisor, the individual shall attend a training session delivered by the
state soil conservation committee, and the individual shall attend or participate in annual training
as determined by the state soil conservation committee.
### § 4.1-20-20. Supervisors may employ assistants - Attorney general and state's

attorneys to advise - Reports to committee.
The supervisors may employ necessary permanent and temporary officers, agents, or
employees, and shall determine their qualifications, duties, and compensation. The supervisors
may call upon the attorney general or the state's attorney of any county in which the district is
situated for those legal services as the supervisors may require. The supervisors may delegate
to their chairman or to any of their number such duties as they may deem proper and shall
furnish to the committee, upon request, copies of any ordinances, rules, regulations, orders,
contracts, or other documents the supervisors adopt or employ, and any other information
concerning their activities as the committee may require.
### § 4.1-20-21. Assistance for district supervisors.

Upon request of the supervisors of a soil conservation district, a board of county
commissioners may assign an employee or employees of the county to assist the supervisors in
the performance of the supervisors' duties authorized by this chapter. The board of county
commissioners of each county within a soil conservation district may provide assistance for the
supervisors. The duties of the employee or employees are under the direct supervision of the
supervisors of the soil conservation district.
### § 4.1-20-22. Supervisors to provide for surety bonds, keeping records, and annual

audit.
The supervisors shall provide for the execution of surety bonds for all employees and
officers who are entrusted with funds or property of the district, for the keeping of a full and
accurate record of all the supervisors' proceedings and of all resolutions, regulations, and
orders issued or adopted by the supervisors, and for an annual audit of the accounts of receipts
and disbursements of the district. The surety bonds provided for in this section may be issued
by the state bonding fund.

### § 4.1-20-23. Supervisors may consult city or county representatives.

The supervisors may invite the governing body of any city or county located within or near
the district to designate a representative to advise and consult with the supervisors on issues
that may affect the property, water supply, or other interests of the city or county.
### § 4.1-20-24. Powers and duties of districts and supervisors.

1. A soil conservation district may exercise the public powers ordinarily exercised by a
political subdivision of the state, and the district and the supervisors of the district have
the following powers in addition to those granted in other sections of this chapter:
a. To conduct surveys, investigations, and research relating to the character of soil
erosion and the preventive and control measures needed; to publish the results of
those surveys, investigations, or research; and to disseminate information
concerning the preventive and control measures. To avoid duplication of research
activities, a district may not initiate any research program except in cooperation
with the government of this state or any of its agencies, or with the United States
or any of its agencies.
b. To conduct demonstrational projects within the district on lands owned or
controlled by this state or any of its agencies, with the cooperation of the agency
administering and having jurisdiction of the land, and on any other lands within
the district after obtaining the consent of the occupier of those lands or the
necessary rights or interests in those lands, to demonstrate by example the
means, methods, and measures by which soil and soil resources may be
conserved and soil erosion in the form of soil blowing and soil washing may be
prevented and controlled.
c. To carry out preventive and control measures within the district, including
engineering operations, methods of cultivation, the growing of vegetation, and
changes in use of land, on lands owned or controlled by this state or any of its
agencies, with the cooperation of the agency administering and having
jurisdiction of the land, and on any other lands within the district upon obtaining
the consent of the occupier of those lands or the necessary rights or interest in
those lands.
d. To cooperate or enter agreements with, and, within the limits of appropriations
duly made available to it by law, to furnish financial or other aid to any agency,
governmental or otherwise, or any occupier of lands within the district in the
carrying on of erosion control and prevention operations within the district, subject
to the conditions as the supervisors may deem necessary to advance the
purposes of this chapter.
e. To obtain options upon and to acquire by purchase, exchange, lease, gift, grant,
bequest, devise, or otherwise any property, real or personal, or any property
rights or interest; to maintain, administer, and improve any properties acquired; to
receive income from those properties and to expend that income in carrying out
the purposes and provisions of this chapter; and to sell, lease, or dispose of
otherwise any of its property or interest therein in furtherance of the purposes and
the provisions of this chapter.
f. To make available, on terms the soil conservation district prescribes, to land
occupiers, government units or qualified electors within the district, agricultural
and engineering machinery and equipment, fertilizer, seeds and seedlings, and
any other material or equipment as will assist those land occupiers, government
units or qualified electors to carry on operations upon their lands for the
conservation of soil and water resources and for the prevention and control of soil
erosion.
g. To construct, improve, and maintain structures as may be necessary or
convenient for the performance of any of the operations authorized in this
chapter.
h. To develop comprehensive plans for the conservation of soil resources and for
the control and prevention of soil erosion within the district, which plans must

specify in such detail as may be possible the acts, procedures, performances,
and avoidances that are necessary or desirable for the effectuation of those
plans, including the specification of engineering operations, methods of
cultivation, the growing of vegetation, cropping programs, tillage practices, and
changes in use of land, and to publish such plans and information and bring them
to the attention of occupiers of lands within the district.
i. To take over, by purchase, lease, or otherwise, and to administer any soil
conservation, erosion control, or erosion prevention project located within its
boundaries undertaken by the United States or any of its agencies, or by this
state or any of its agencies; to manage, as agent of the United States, or any of
its agencies or of this state or any of its agencies, any soil conservation, erosion
control, or erosion prevention project within its boundaries; to act as agent for the
United States or any of its agencies or for this state or any of its agencies in
connection with the acquisition, construction, operation, or administration of any
soil conservation, erosion control, or erosion prevention project within its
boundaries; and to accept donations, gifts, and contributions in money, services,
materials, or otherwise from the United States or any of its agencies or from this
state or any of its agencies, and to use or expend those moneys, services,
materials, or other contributions in carrying on its operations.
j. To sue and be sued in the name of the district.
k. To have a seal, which seal must be noticed judicially.
l. To have perpetual succession unless terminated as provided in this chapter.
m. To make and execute contracts and other instruments necessary or convenient to
the exercise of its powers, and to borrow funds and pledge all or any part of any
income from the district's facilities, equipment, and operations for repayment.
n. To make, amend, or repeal regulations consistent with this chapter.
o. To require contributions in money, services, materials, or otherwise to any
operations conferring benefits under this chapter and to require land occupiers to
enter and perform agreements or covenants to use the lands in a manner that will
prevent or control erosion.
p. To expend moneys for education, promotion, and recognition activities consistent
with the purposes of this chapter.
q. To levy taxes as follows:
(1) The supervisors may make a general fund tax levy, not exceeding two and
one-half mills, for the payment of the expenses of the district, including
mileage and other expenses of the supervisors, and technical,
administrative, clerical, and other operating expenses.
(2) Immediately after the completion of the district budget and the adoption of
the annual tax levy by the district supervisors, but not later than July first,
the supervisors shall send one certified copy of the levy as adopted to the
county auditor of each county in the district.
(3) The county auditor of each county in the district shall extend the levy upon
the tax list of the county for the current year against each description of real
property lying both within the county and the district in the same manner and
with the same effect as other taxes are extended.
(4) The treasurer of each county in the district shall collect all district taxes
together with interest and penalty thereon in the same manner as the
general taxes are collected, and shall pay over to the soil conservation
district by the tenth working day of each month, all taxes so collected during
the preceding month, with interest and penalties collected thereon and shall
immediately send notification of such payment to the treasurer of the soil
conservation district.
(5) Voter-approved levy authority authorized by electors of a district under the
provisions of this section before January 1, 2015, remains in effect through
taxable year 2024 or for the time period authorized by the electors,
whichever expires first.

2. Any provisions with respect to the acquisition, operation, or disposition of property by
other public bodies are not applicable to a district unless the same specifically are
made applicable by law.
### § 4.1-20-25. Supervisors may formulate land use regulations for submission to

qualified electors.
The supervisors of any district may formulate regulations governing the use of lands within
the district in the interest of conserving soil and soil resources and preventing and controlling
soil erosion, and may conduct public meetings and hearings upon tentative regulations as may
be necessary to assist the supervisors in this work. The proposed regulations must be
embodied in a proposed ordinance for submission to the qualified electors in the district, and
copies of the proposed ordinance must be available for inspection by the qualified electors in
the district during the period of time between the publication of the notice of election upon the
ordinance and the date of the election.
### § 4.1-20-26. Notice of election - Form of ballot - Conduct of election - Who may vote.

The notice of election on a proposed ordinance submitted to the qualified electors in the
district under section 4.1-20-24 must be provided in the manner required by section 4.1-20-14
relating to notice of election of supervisors, and must recite the contents of the proposed
ordinance or must state where copies of the proposed ordinance may be examined. The
question of adoption or rejection of the proposed ordinance must be submitted by ballot at an
election to be held in the district. The ballot must be in substantially the following form:
Shall proposed ordinance number __________, prescribing land use regulations for
conservation of soil and prevention of erosion be adopted?
Yes ☐
No ☐
The supervisors shall supervise the election, prepare appropriate regulations governing the
conduct of the election, and publish the result of the election. The right to vote in the election is
limited to qualified electors residing within the district. No informalities in the conduct of the
election or in any matters relating to the election may invalidate the election or its result if the
notice of election has been given substantially as required by this section and the election has
been fairly conducted.
### § 4.1-20-27. Two-thirds voter approval required to adopt ordinance - Effect of ordinance

after adoption.
An ordinance under this chapter does not become effective unless it is approved by at least
two-thirds of the qualified electors voting on the question. If a proposed ordinance is approved,
the supervisors shall enact it into law. Land use regulations prescribed in any ordinance adopted
by the supervisors pursuant to this section have the force and effect of law in the district and are
binding and obligatory upon all qualified electors living within the district.
### § 4.1-20-28. What may be contained in land use regulations.

The land use regulations that may be adopted by the supervisors under this chapter may
include:
1. Provisions requiring the carrying out of necessary engineering operations, including
the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and
other necessary structures.
2. Provisions requiring observance of particular methods of cultivation, including contour
cultivating, contour furrowing, lister furrowing, sowing, planting, stripcropping, and
seeding and planting of lands to water conserving and erosion-preventing plants,
trees, and grasses, forestation, and reforestation.
3. Specifications of cropping programs and tillage practices to be observed.
4. Provisions requiring the retirement from cultivation of highly erosive areas or of areas
on which erosion may not be controlled adequately if cultivation is carried on.

5. Provisions for any other means, measures, operations, and programs as may assist
conservation of soil and water resources and prevent or control soil erosion in the
district, having due regard to the declaration of policy set forth in this chapter.
### § 4.1-20-29. Regulations to be uniform - Copies furnished in district.

Land use regulations must be uniform throughout the district except that the supervisors
may classify the lands within the district with reference to such factors as soil type, degree of
slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other
relevant factors, and may provide regulations varying with the type or class of land affected but
uniform as to all lands within each class or type. Copies of land use regulations adopted under
this chapter must be printed and made available to all qualified electors living within the district.
### § 4.1-20-30. Amending, supplementing, or repealing land use regulations.

Any qualified elector living within a district at any time may file a petition with the
supervisors asking that any or all of the land use regulations in any ordinance adopted by the
supervisors under this chapter be amended, supplemented, or repealed. Land use regulations
in that ordinance may not be amended, supplemented, or repealed except in accordance with
the procedure prescribed in this chapter for the adoption of land use regulations. Elections on
adoption, amendment, supplementation, or repeal of land use regulations may not be held more
than once in any six-month period.
### § 4.1-20-31. Supervisors to enforce land use regulations.

The supervisors may enter upon any land within the district to determine whether land use
regulations adopted under this chapter are being observed.
### § 4.1-20-32. Failure to perform land use regulations - Hearing on - Supervisors to

perform - Costs and expenses.
1. If the supervisors of any district find any land use regulations prescribed in any
ordinance are not being observed on particular lands, tending to increase erosion on
those lands and interfering with the prevention or control of erosion on other lands
within the district, the supervisors may present to the district court a duly verified
petition setting forth:
a. The adoption of the ordinance prescribing land use regulations;
b. The alleged failure of the defendant land occupier to observe the regulations and
perform particular work, operations, or avoidances required by the regulations
and that the failure tends to increase erosion on those lands and interfere with the
prevention or control of erosion on other lands within the district; and
c. Requesting that the court order the defendant to perform the work, operations, or
avoidances within a reasonable time and that if the defendant fails to do so, the
supervisors may:
(1) Enter upon the land;
(2) Perform the necessary work to bring the condition of the land into conformity
with the regulations; and
(3) Assess the costs and expenses of the work, with interest, to the defendant.
2. Upon presentation of a petition under subsection 1, the court shall cause process to be
issued against the defendant, and shall hear the case.
a. If it appears to the court testimony is necessary for the proper disposition of the
matter, the court may take evidence or appoint a referee to take evidence as it
may direct and report the evidence to the court with the referee's findings of fact
and conclusions of law.
b. If a referee is appointed, the report of the referee constitutes a part of the
proceedings upon which the determination of the court must be made.
c. The court may dismiss the petition or it may order the defendant to perform the
work, operations, or avoidances. The court may provide upon the failure of the
defendant to initiate performance as ordered by the court within the time specified

in the order of the court and to prosecute the same to completion with reasonable
diligence, the supervisors may enter upon the lands involved and perform the
necessary work to bring the condition of the land into conformity with the
regulations and assess the costs and expenses of the work, with interest at the
rate of five percent per annum, to the defendant.
d. If the person in possession of lands subject to a petition under subsection 1 is
other than the owner, the owner of those lands must be joined as a party
defendant. In all cases, notice must be given to all other interested parties in
person, or by publication in the manner provided in this chapter for publication of
due notice.
e. In any case under this section, the court shall retain jurisdiction until any work
ordered by the court has been completed.
3. Upon completion of any work ordered by the court under subsection 2, the supervisors
may file a petition with the court and serve a copy upon the defendants, stating the
costs and expenses sustained by the supervisors in the performance of the work and
asking for judgment in that amount, with interest. The court may enter judgment for the
amount of costs and expenses approved by the court plus interest at the rate of five
percent per annum until paid. The supervisors may certify to the county auditor of the
county in which the district is located the amount of the judgment, which is a lien upon
the lands and must be collected as taxes or assessments are collected. As the
judgment is paid or collected, the proceeds must be paid over to the district that
certified the judgment to the auditor.
### § 4.1-20-33. Board of adjustment - Members - Appointment - Vacancies - Compensation.

When the supervisors of any district adopt an ordinance prescribing land use regulations,
the supervisors shall provide by ordinance for the establishment of a board of adjustment to
consist of three members, each to be appointed for a term of three years, except the members
first appointed who are appointed for terms of one, two, and three years respectively. The
members of each board of adjustment must be appointed by the committee with the advice and
approval of the supervisors of the district for which the board has been established, and are
removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no
other reason. A hearing on the removal of a member of a board of adjustment must be
conducted jointly by the committee and the supervisors. A vacancy on a board of adjustment
must be filled in the same manner as the original appointment except the appointment is for the
unexpired vacant term. Members of the committee and the supervisors of the district may not
serve as members of the board of adjustment. The members of the board shall receive five
dollars a day for the time spent on the work of the board in addition to their expenses, including
traveling expenses necessarily incurred in the discharge of their duties. The supervisors shall
pay the necessary administrative and other expenses of operation incurred by the board upon
the certificate of the chairman of the board.
### § 4.1-20-34. Board of adjustment - Rules - Chairman - Meetings - Quorum - Records.

The board of adjustment shall adopt rules to govern its procedure, in accordance with this
chapter and any ordinance adopted under this chapter. The board shall designate, and may
replace at any time, a chairman from among its members. Meetings of the board must be held
at the call of the chairman and at any other time as the board may determine. Any two members
of the board constitute a quorum. The chairman, or another member of the board designated by
the chairman to serve as acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the board are open to the public. The board shall keep a full and
accurate record of its proceedings, all documents filed with it, and all orders entered by the
board. The record must be filed in the office of the board and is a public record.

### § 4.1-20-35. Petition to board of adjustment to vary land use regulations - Service -

Hearing - Board's powers.
Any qualified elector residing in the district may file a petition with the board of adjustment
seeking a variance from strictly complying with the land use regulations. Copies of a petition
must be served upon the chairman of the supervisors of the district where the lands are located
and upon the chairman of the committee. The board shall fix a time for the hearing of the
petition and cause due notice of the hearing to be given. The petitioner may appear in person,
by agent, or by attorney at the hearing and the supervisors and the committee may appear and
be heard. If the board determines on the facts presented at the hearing that there are great
practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the
land use regulations upon the lands of the petitioner, the board shall make and record the
determination and findings of fact as to the specific conditions that establish the great practical
difficulties or unnecessary hardships. Upon the findings and determination, the board may enter
an order authorizing a variance from the terms of the land use regulations in its application to
the lands of the petitioner consistent with the spirit of the land use regulations, and with
substantial justice and the public health, safety, and welfare.
### § 4.1-20-36. Taking of testimony at hearing.

At the request of the board of supervisors, the testimony at a hearing conducted under
section 4.1-20-35 must be taken by a court reporter, by a stenographer, or by use of an
electronic recording device. The board of supervisors is responsible for the cost of taking
testimony.
### § 4.1-20-37. Aggrieved petitioner and supervisors may appeal to district court from

order of board - Procedure.
Any petitioner or the supervisors of any district may appeal an order of a board of
adjustment to the district court as provided in section 28-34-01.
### § 4.1-20-38. Cooperation among district supervisors.

The supervisors of any two or more districts organized under this chapter may cooperate
with one another in the exercise of any or all powers conferred in this chapter.
### § 4.1-20-39. State agencies to cooperate with district supervisors.

Agencies of this state having jurisdiction over any state-owned lands, and agencies of any
county or other political subdivision of this state having jurisdiction over any county-owned or
other publicly owned lands lying within the boundaries of any district shall cooperate to the
fullest extent with the supervisors of the district in the effectuation of programs and operations
undertaken by the supervisors under this chapter. The supervisors have free access to enter
and perform work upon such publicly owned lands. The provisions of land use regulations
adopted under this chapter have the force and effect of law over all such publicly owned lands
and must be in all respects observed by the agencies administering such lands.
### § 4.1-20-40. Discontinuance of districts - Petition - Referendum - Eligible qualified

electors.
Five years after the date a district was organized, twenty-five percent of the qualified
electors living within the boundaries of the district may file a petition with the state soil
conservation committee to terminate the operations of the district. The committee then shall
conduct public hearings upon the petition to determine whether there is sufficient basis for an
election to be held. If the committee determines there is sufficient basis for an election, the
committee shall give due notice of the holding of an election and shall issue appropriate
regulations governing the conduct of the election within sixty days after the committee has made
its determination. The question to be voted on at the election must be submitted by ballot in
substantially the following form:
Should the (insert name of district) be terminated? Yes ☐
No ☐

All qualified electors residing within the boundaries of the district are eligible to vote in the
election. The committee shall supervise the election. Informalities in the conduct of the election
or in any matters relating to the election do not invalidate the election or its result if notice of the
election has been given substantially as required by this chapter and the election has been fairly
conducted.
### § 4.1-20-41. Duties of committee after election on discontinuance of the district has

been held.
The committee shall publish the result of any election on the question of discontinuance of a
district immediately after the vote has been had. If a majority of the votes cast in the election
favored the discontinuance of the district, the committee shall make its certificate that it has
determined that the continued operation of the district is not administratively feasible. If a
majority of the votes cast in the referendum favored the continuance of the district, the
committee shall consider and determine whether the continued operation of the district within
the defined boundaries is administratively feasible. If the committee determines the continued
operation of the district is administratively feasible, the committee shall record that
determination and deny the petition for discontinuance, and if the committee determines the
continued operation thereof is not administratively feasible, the committee shall record the
determination and certify its determination to the supervisors of the district. In making its
determination, the committee shall give due weight and regard to the number and attitudes of
the qualified electors residing within the district, the number voting in the referendum, the
proportion that the votes cast in favor of the discontinuance of the district are of the total number
of votes cast, the probable expense of carrying on erosion control operations within the district,
and any other economic and social factors as may be relevant to the determination having
regard to the legislative policy as set forth in this chapter.
### § 4.1-20-42. Termination of affairs of district - Disposal of property - Certificate of

dissolution.
Upon receipt from the committee of its certification that the committee has determined the
continued operation of the district is not administratively feasible, the supervisors shall proceed
to terminate the affairs of the district. The supervisors of the district may dispose of all or part of
any property belonging to the district at public auction and shall use the proceeds of the sale to
pay any liabilities. The balance of any funds and undisposed property becomes the property of
the county or counties the district is a part of as directed by the supervisors. The supervisors
thereupon shall file an application, duly verified, with the secretary of state for the
discontinuance of the district, and shall transmit with such application the certificate of the
committee setting forth its determination that the continued operation of the district is not
administratively feasible. The application must recite what property, if any, of the district has
been disposed of, the liabilities paid, and the property or proceeds paid over as provided herein
and must set forth a full accounting of such properties and their sale proceeds. The secretary of
state shall issue to the supervisors a certificate of dissolution and record the certificate in an
appropriate record in the secretary of state's office.
### § 4.1-20-43. Ordinances, regulations, and contracts of districts after dissolution.

After a certificate of dissolution has been issued as provided in section 4.1-20-42, all
ordinances and regulations that have been adopted and in force within the dissolved district are
of no further force and effect. All contracts that have been made, to which the district
supervisors are parties, remain in force and effect for the period provided in the contracts, and
the committee is substituted for the district or supervisors as party to the contracts. The
committee is entitled to all the benefits and subject to all the liabilities under the contracts and
has the same right as the supervisors of the district would have had.
### § 4.1-20-44. Petitions for discontinuance of district - Limitation on filing.

The state soil conservation committee may not entertain petitions for the discontinuance of
any district, conduct elections upon those petitions, or make determinations pursuant to the

petitions in accordance with the provisions of this chapter more than once in any five-year
period.
### § 4.1-20-45. Consolidation of districts - Petition - Election - Conduct of election.

Two or more districts may be consolidated into one district by compliance with this chapter.
A petition for consolidation of soil conservation districts must be filed with the state soil
conservation committee and must be signed by at least twenty-five qualified electors living in
each district. Upon the filing of a petition, the committee by resolution shall fix a date for an
election to be held in each district and shall direct the supervisors to cause notice of the election
to be posted in at least five conspicuous places within the district and to be published once each
week for two consecutive weeks before the election in a newspaper of general circulation in the
districts involved. Only qualified electors living within the district are eligible to vote at the
election. The notice must state the date of the election, identify each polling place for holding
the election, the time when the polls will open and close, and the question to be submitted to the
qualified electors. The notice must be substantially in the following form:
On _________, ______, an election will be held at
____________________________________________ for the purpose of submitting
(Designate polling place or places)
to the qualified electors within _________________________________ soil conservation
(Name of district)
district the question as to whether _________________________________ soil conservation
(Names of districts)
districts embracing the following townships _____________________________________
(Designate townships, by number and range)
shall be consolidated into one soil conservation district.
The ballot must be in the following form:
Shall _____________________ soil conservation districts embracing the
(Names of districts)
following townships ____________________________________ be
(Designate townships, by number and range)
consolidated into one soil conservation district?
Yes ______
No _______
The board of supervisors of the district shall appoint the board of election for each polling
place. The board of election must consist of one inspector, one judge, and one clerk. Members
of the election board are entitled to receive five dollars for their services.
### § 4.1-20-46. Conduct of election - Canvass of votes.

An election upon the question of consolidating two or more soil conservation districts must
be conducted in accordance with the laws of the state prescribing the conduct of general
elections. After the polls are closed, the board of election shall canvass the votes and the clerk
of the board shall certify to the board of supervisors of the clerk's district and to the committee
the result of the election.
The committee shall publish the result of the election. If a majority of the ballots cast on the
question in each district are for consolidation, the committee shall file with the secretary of state
a statement certifying that the consolidated district has been duly and regularly established.
### § 4.1-20-47. Supervisors of consolidated district - Terms of office - Powers and duties.

The members of the board of supervisors of a newly consolidated district are the
supervisors from each of the districts that have been consolidated whose existing terms of office
would last expire if the new consolidated district were not established. Those members shall
determine by lot the order in which their terms of office in the consolidated district will expire. If
more than three districts are consolidated, the members of the board of supervisors of the
consolidated district must be determined by lot among the supervisors from the districts whose
existing terms would expire last. If only two districts are consolidated, the third member of the

board of supervisors of the consolidated district must be determined by lot among the remaining
supervisors from both such districts. The supervisors thus selected shall hold office until the
next general election of the district and until their successors are elected and qualified.
Supervisors of a consolidated district have all the powers and duties of supervisors of a soil
conservation district as enumerated in this chapter. The name of a consolidated district must be
determined by the new supervisors of the consolidated district.
### § 4.1-20-48. Costs and expenses of consolidation - Disposition of property - Contracts

of districts after consolidation.
All costs and expenses incidental to the consolidation of two or more districts must be borne
equally by each of the consolidated districts. All property and money of the districts that have
been consolidated become the property of the newly established district. All contracts to which
the supervisors of each of the districts consolidated are parties remain in force and effect for the
period provided in the contracts and the supervisors of the consolidated district are substituted
as parties in the contracts. Supervisors of a consolidated district are entitled to all the benefits
and subject to all the liabilities under the contracts and have the same rights as the supervisors
of the district that entered the contract would have had if a consolidated district had not been
established.
### § 4.1-20-49. Soil conservation trust lands.

The state of North Dakota holds in trust for use by the soil conservation districts of the state
for the soil conservation program the property in Burleigh County described as follows:
Township one hundred thirty-eight north, range eighty west, fifth principal meridian:
west one-half of section fifteen and that portion of the southeast quarter of section sixteen
described as follows: beginning at the southeast corner of said section sixteen, thence
running north on the east line of said section six hundred sixty feet [201.17 meters]; thence
west parallel with the south line of said section two thousand three hundred ten feet [704.09
meters]; thence south six hundred sixty feet [201.17 meters] to a point on the south line of
said section two thousand three hundred ten feet [704.09 meters] west of the southeast
corner of said section; thence east along the south line of said section two thousand three
hundred ten feet [704.09 meters] to the place of beginning; containing thirty-five acres
[14.16 hectares], more or less.
Subject, however, to the following rights, easements, exceptions, and reservations:
1. Easements for existing or established roads, highways, and public utilities, if any.
2. Right reserved by the Department of the Army "to enter thereon and remove gravel
and use the established rubbish disposal area as long as any part of Fort Lincoln
Military Reservation is used by the Department of the Army".
3. Reservation to the United States of America and its assigns of an undivided
three-fourths interest in all coal, oil, gas, and other minerals, including three-fourths of
all sand, gravel, stone, clay and similar materials, in or under the property, together
with the usual mining rights, powers, and privileges, including the right at any and all
times, to enter upon the land and use those parts of the surface as may be necessary
in prospecting for, mining, saving and removing the minerals or materials, provided the
quantities of sand, gravel, stone, clay and similar materials, as may be required, may
be utilized in the operation or improvement of the lands.
The lands, having been conveyed to the state of North Dakota by the United States of
America for use in carrying out the soil conservation program of the soil conservation districts of
the state, are further subject to the condition the land must be used for public purposes and if at
any time cease to be so used must revert to and become revested in the United States. Upon
approval by the United States of America in accordance with the original grant of the trust lands,
the trust lands may be leased, sold, conveyed, traded for, or replaced by other land suitable for
the benefit of the soil conservation program in this state. No lease, sale, conveyance, trade, or
replacement of the trust lands may be made under conditions that will cause or may cause the
reversion of the lands back to the United States of America.
The control, custody, possession, supervision, management, operation, and transfer of the
trust lands and any replacement lands is hereby vested in the North Dakota association of soil

conservation districts for use in carrying out the soil conservation program of the soil
conservation districts of the state and the association in such control, custody, possession,
supervision, management, operation, and transfer shall hold all accumulations of personal
property or surplus funds derived from said lands in trust for the soil conservation districts of the
state for use in carrying out the soil conservation program. Any transfer, sale, trade, or
replacement of trust lands is excepted from section 38-09-01, and the North Dakota association
of soil conservation districts may transfer all or a portion of the minerals held by the state or the
association which are located under the trust lands. Any funds generated through bonuses,
leases, royalties, or otherwise generated by minerals reserved by the association or funds
generated from the sale of minerals must be held in trust as provided in this section.
