# Title 24 — Highways, Bridges, and Ferries

## Chapter 24-06 — Local Road Improvements

### § 24-06-01. Board of township supervisors has supervision over township roads.

The board of township supervisors of any township in the state has general supervision
over the roads, highways, and bridges throughout the township.
### § 24-06-02. Township may purchase road machinery - Credit terms.

The board of supervisors of any township may contract for and purchase, upon credit or
otherwise, any road machinery, implements, or equipment for the use of such township.
### § 24-06-03. Election required if road machinery costs more than four hundred dollars.

Repealed by S.L. 1975, ch. 241, § 1.
### § 24-06-04. Cost of township road machinery - How paid.

Road implements purchased by a township must be paid out of the highway taxes of the
township and may be paid in not to exceed five annual installments. A copy of the note or
contract issued upon the purchase must be filed in the office of the township clerk, and such
township clerk shall present a statement of the sum due thereon to the board of township
supervisors at each regular meeting held thereafter for the audit of the township claims and
charges, and the board shall audit the same. Not more than one-half of the highway taxes of the
township may be applied to the payment thereof in any one year.
### § 24-06-05. Overseer responsible for machinery.

Each overseer of highways is responsible personally for the proper use and care of all
implements while in the overseer's charge, or in use in the overseer's district, and any overseer
of highways, or other person who, through negligence or willfully injures or damages such
implements or permits them to be injured, is liable for such damage to the township, in an action
to be brought by the chairman of the board of township supervisors in the township or any
adjoining township.
### § 24-06-06. Storage of implements.

Each board of township supervisors shall provide suitable places for the storage and proper
housing of all tools, implements, and machinery owned by the township and shall cause such
tools, implements, and machinery to be stored and housed therein when not in use.
### § 24-06-07. Road machinery - Sale, purchase, lease.

In townships owning road machinery, the board of township supervisors may make such
disposition of the same as in its discretion is best for the interests of the township, or it may
purchase or lease such machinery as may be necessary.
### § 24-06-08. Contracts for township road improvements - Notice - Bids.

Repealed by S.L. 1953, ch. 181, § 1.
### § 24-06-09. Contract for township road and bridge work by county, township, or soil

conservation district.
The board of supervisors of any township may enter into a contract with the board of county
commissioners of the county, the board of supervisors of another township, or the directors of a
soil conservation district for the construction, improvement, or repairing of township roads and
bridges without the necessity of advertising for bids.
### § 24-06-10. Roads contiguous to municipality - Grades - How established.

In all places where highways are improved and graded under the contract system in a
township where land contiguous to, adjoining, and outside of the limits of any city has been
surveyed into a block or blocks and divided into city lots, the person to whom such contract is

awarded shall comply strictly with the ordinances of such city as to roads, streets, grades, space
for sidewalks, berms, and gutters, if, in the opinion of the board of township supervisors having
control of the same, the cost of such grading is one hundred dollars or upwards. An estimate,
profile, and cross section of such desired improvement must be made by the county surveyor of
said county, and the contract for such improvement must be let to the lowest responsible bidder
not a member of the said board and the work done under such contract may not be accepted or
paid for until said surveyor has reported that the said contract has been complied with
substantially. All roads and streets in city additions of outlots must be graded according to the
requirements of such city ordinance or custom as to space for sidewalks, berms, and gutters.
### § 24-06-11. Construction of crossings over ditches, drains, and roads.

Whenever a township constructs a ditch or drain in connection with road building, and such
ditch, drain, or road interferes with the ingress or egress of any owner of adjoining land, the
township shall install crossings at such point or points as will afford the owner or owners of the
premises suitable ingress thereto or egress therefrom.
### § 24-06-12. Townships may unite efforts.

The electors of any township, at the annual township meeting, may direct such portion of
the road tax to be expended on the highways in an adjoining township as they deem conducive
to the interests of the township. In such instance, labor and taxes must be expended under the
joint direction of the townships interested and furnishing the same.
### § 24-06-13. Townships composed of more than one congressional township -

Expenditure of road taxes.
Where more than one congressional township is included within a civil township, the road
taxes raised within the limits of each congressional township must be expended within such
congressional township, unless raised to be expended outside of such civil township.
### § 24-06-14. District overseer of highways.

In unorganized territory, the board of county commissioners shall appoint a district overseer
of highways whose power and duties are the same as in an organized township, and whose
compensation must be fixed by the board of county commissioners to be paid on presentation of
a verified bill at the regular meeting of the board of county commissioners. The board may, by
resolution, appoint one or more of its members as district overseers.
### § 24-06-15. Road taxes in unorganized territory - How expended.

The board of county commissioners shall order the expenditure of all road taxes paid into
the county treasury from unorganized territory in the improvement of the highways, paying the
district overseer of highways, purchasing implements, and repairing bridges in the road district
in which such taxes were levied, under such regulations as it may deem most expedient for the
public interests, and for this purpose shall order the payment of such sum by the treasurer to the
persons performing such labor upon the certificate of the overseer of highways.
### § 24-06-16. Report of district overseer of highways.

On or before the first Monday in January in each year, each district overseer of highways
appointed by the board of county commissioners shall make a report to the board of the
overseer's doings as such during the preceding year, the amount of labor performed, and the
number of days' labor necessarily performed by the overseer in the discharge of the overseer's
duties, and the board of county commissioners thereupon shall cause a warrant to be drawn on
the county treasurer in favor of such overseer for such services.
### § 24-06-17. Road taxes must be paid in cash.

All road taxes and assessments upon persons or property must be paid in cash, and the
township clerk, immediately after the board of township supervisors has made the levy of taxes
for road purposes, shall notify the county auditor of the amount of the levy. The county auditor

shall enter the same upon the county tax lists to be collected by the county treasurer in the
same manner as other township taxes are collected. Such taxes, when collected, constitute a
road fund belonging to the township in which it is levied, and must be returned by the county
treasurer to the township treasurer.
### § 24-06-18. Road taxes to be paid to local subdivisions.

Repealed by S.L. 1953, ch. 179, § 2.
### § 24-06-19. Expenditure of road taxes.

The board of township supervisors shall order the expenditure of all road taxes paid into the
township treasury in the improvement of the highways under such regulations as it may deem
most expedient for the public interests, and for this purpose, shall issue a warrant upon the road
funds of the township upon the certificate of the township overseer that such work has been
performed satisfactorily; provided, however, that not over fifty percent of the township road and
bridge fund, collected within each tax year may be expended upon highways which are a part of
a state or county highway system as designated under the provisions of section 24-01-02,
24-01-05, or 24-05-16, unless such expenditure is specifically authorized by resolution adopted
by a majority of the electors of the township present and voting at any special or annual
township meeting. This limitation also applies to any special road fund as set up under section
57-15-19.2.
### § 24-06-20. Work on roads to proceed upon levy of taxes.

The officers charged with the duty of expending road taxes may proceed at once, upon the
levy of taxes, with the work upon the roads in their districts and may cause warrants to be
issued in payment thereof in anticipation of the current year's taxes.
### § 24-06-21. Road tax may be worked out.

Repealed by S.L. 1951, ch. 178, § 5.
### § 24-06-22. Supervisors to fix compensation for road work, when.

Repealed by S.L. 1951, ch. 178, § 5.
### § 24-06-23. County commissioners to fix rate, when.

Repealed by S.L. 1951, ch. 178, § 5.
### § 24-06-24. Compensation for road work when not fixed.

Repealed by S.L. 1951, ch. 178, § 5.
### § 24-06-25. Work done prior to August first.

Repealed by S.L. 1951, ch. 178, § 5.
### § 24-06-26. Ditches to drain highways - Proceedings to establish.

Whenever any overseer of highways files with the board of township supervisors or with the
board of county commissioners, as the case may be, the overseer's affidavit stating that a
certain road in the overseer's district runs into or through swamp, bog, meadow, or other
lowland, and that it is necessary or expedient that a ditch should be constructed and maintained
through land belonging to any person, and also stating the probable length of such ditch and the
width and depth of the same as near as may be, the point at which it is to commence, its
general course and the point at or near which it is to terminate, the names of the persons
owning the land, if known, and a description of the land over which such ditch must pass, the
board of township supervisors or board of county commissioners, as the case may be, if the
right to construct and maintain such ditch is not given voluntarily by the person owning the land
over which it is to pass, shall cause proceedings to be instituted in its name under the provisions
of chapter 32-15 to acquire the right to construct and maintain the same.

### § 24-06-26.1. Township road and drainage construction standards.

When the construction or reconstruction of a township road or bridge, the insertion of a
culvert in a township road, or the construction or reconstruction of a ditch or drain in connection
with a township road affects the flow of surface waters and increases the surface waterflow
through ditches, drains, bridges, and culverts in other townships, the board of township
supervisors or the township overseer of highways of the township undertaking the construction
or reconstruction shall give notice to the boards of township supervisors or township overseers
of highways in all townships affected by the construction or reconstruction projects.
The boards of township supervisors of townships affected by any road or bridge
construction that changes or increases the flow of surface waters shall cooperate in the
construction projects expending on any portion of the projects the portions of the road and
bridge tax as deemed conducive to the interests of the township. The board of township
supervisors shall construct the ditches, drains, bridges, and culverts in accordance with stream
crossing standards prepared by the department and the department of water resources. A
township, board of township supervisors, and township overseer of highways are not liable for
any damage caused to any structure or property by water detained by the highway at the
crossing if the highway crossing has been constructed in accordance with the stream crossing
standards prepared by the department and the department of water resources.
### § 24-06-26.2. Maintenance of township road ditches - Limited duty.

The party with an interest in land adjacent to a township road is not responsible for
maintaining that ditch unless improper conservation practices on that party's adjoining land have
led to unreasonable wind and water erosion, not commonly experienced in the locality, which
resulted in conditions adversely affecting the ditch. On the occurrence of such improper
conservation practices, the board of township supervisors may require the adjoining party with
an interest in the land to clean the ditch at that party's expense. If that party fails to clean the
ditch, the procedures applicable to the duty to cut weeds under chapter 63-05 apply with respect
to the cleaning of the ditch.
### § 24-06-26.3. Maintenance of township road ditches by private party - Power of board of

township supervisors - Approval - Standards of construction.
The board of township supervisors may authorize any private party to maintain, clean, or
shape a ditch along a township road at that party's own expense and in accordance with this
section. In maintaining, cleaning, or shaping a ditch, the private party may not spread any soil or
debris from that ditch along adjoining land without the permission of all parties with an interest in
that land. The ditch may be on a continuous grade from the bottom of the upstream water outlet
to the bottom of the downstream water outlet structure. The grade ratio in that distance must be
a slope that, in light of the soil types and potential for vegetative cover in the ditch, will resist
erosion. In order for any action to be considered maintenance of a ditch in accordance with this
section, the ditch must be entirely contained within the township right of way, must have a
bottom that is not wider than twelve feet [3.66 meters], and may not alter the side slope of the
ditch to a slope steeper than the existing side slope. The board of township supervisors may not
approve private maintenance of a ditch that does not comply with the standards of this section.
If the board of township supervisors denies permission to maintain a ditch under this section,
the petitioner may appeal that decision to the water resource board that has jurisdiction over the
ditch. This section does not relieve any person from compliance with any requirements for a
drainage permit which are required by statute or rule.
### § 24-06-27. Penalty for injuring ditch.

Any person who obstructs or in any way injures any ditch opened as provided in section
caused by such injury, which must be assessed by the jury or court, and also is guilty of a class
B misdemeanor, and the civil damages, when collected by the overseer, must be deposited in
the road fund established by section 24-06-17, and must be expended in accordance with
section 24-06-19.

### § 24-06-28. Obstruction of section lines prohibited - Exception - Certain fences not

considered obstructions - Obstructions and traffic safety hazards - Penalty.
1. A person may not place or cause to be placed any permanent obstruction within the
vertical plane of thirty-three feet [10.06 meters] of any section line or within the right of
way of any highway, unless written permission is first secured from the board of county
commissioners or the board of township supervisors, as appropriate. The permission
must be granted where the section line has been closed pursuant to section 24-07-03
or where the topography of the land along the section line is such that in the opinion of
the board of county commissioners or board of township supervisors, as the case may
be, the construction of a road on the section line is impracticable.
2. A person may not place or cause to be placed any obstruction or traffic safety hazard
within the vertical plane of thirty-three feet [10.06 meters] of any section line or within
the right of way of any highway, unless written permission is first secured from the
board of county commissioners or board of township supervisors, as appropriate.
3. Subsection 1 may not be construed to prohibit construction of fences:
a. Along or across section lines which have been closed pursuant to section
impracticable due to the topography of the land along the section line, but such
fences are subject to removal as provided in section 24-06-30.
b. Across section lines which have not been closed pursuant to section 24-07-03 if
cattle guards are provided in accordance with chapter 24-10 where fences cross
the section lines.
4. The construction of fences pursuant to subsection 3 may not be considered an
obstruction of section lines and any person who damages any fence or who opens and
fails to close any gate constructed under subsection 3 is guilty of an infraction.
5. Subsection 2 does not apply to a railroad company performing maintenance and repair
work of railroad track, crossings, or other railroad facilities.
### § 24-06-29. Removal of permanent obstructions - Removal of obstructions and traffic

safety hazards - Cost.
1. If a person places or causes to be placed a permanent obstruction within the vertical
plane of thirty-three feet [10.06 meters] of any section line or within the right of way of
any highway, the board of county commissioners or board of township supervisors, as
appropriate, when a public highway is opened, shall notify the owners of adjacent
property to remove the permanent obstruction. Written notice by registered mail to the
record owner of the adjacent property mailed to the owner's last-known address and to
any other persons in possession of the property constitutes valid notice. If the owners
fail to remove the permanent obstruction within thirty days after the notice is mailed,
the board of county commissioners or the board of township supervisors, as
appropriate, shall remove the permanent obstruction. The cost of removal must be
entered the same as taxes against the adjacent property and paid in the same manner
as taxes.
2. If a person places or causes to be placed an obstruction or traffic safety hazard within
the vertical plane of thirty-three feet [10.06 meters] of any section line or within the
right of way of any highway road surface, the board of county commissioners or board
of township supervisors, as appropriate, shall issue a written order to the person who
caused the obstruction or traffic safety hazard to be placed there to remove the
obstruction or traffic safety hazard. If the person notified fails to remove the obstruction
or traffic safety hazard as soon as practical after the notice is received, the board of
county commissioners or board of township supervisors, as appropriate, shall remove
the obstruction or traffic safety hazard. The person responsible for placement of the
obstruction or traffic safety hazard is responsible and may be billed for any costs
incurred by the county or township for removal of the obstruction or traffic safety
hazard.
3. Subsection 2 does not apply to railroad facilities.

### § 24-06-30. Removal of fences - Notice - Cost.

When a public highway is opened along any section line, the board of county
commissioners or the board of township supervisors, as the case may be, shall notify the owner
of adjacent property to remove any fences not constructed pursuant to subsection 2 of section
notice to remove stones, trees, or rubbish. If the owner of adjacent property fails to remove the
fences within thirty days after the notice is given, the board of county commissioners or the
board of township supervisors, as the case may be, shall remove the fences. The cost of
removal must be entered the same as taxes against the adjacent property and paid in the same
manner as taxes.
### § 24-06-31. Obstructions in highway.

Each overseer of highways having personal knowledge, or on being notified in writing, of
any obstruction in the highway or public street in the overseer's district immediately shall
remove or cause any such obstruction to be removed. The overseer's district may seek recovery
of costs incurred for the removal of any obstruction from the individual who is responsible for
causing or placing any obstruction in the highway or public street. If the individual responsible is
an adjacent landowner, the removal cost may become a part of the taxes to be levied against
the landowner for the ensuing year to be collected in the same manner as other real estate
taxes are collected.
### § 24-06-32. Penalty for refusal to serve as road overseer.

Repealed by S.L. 1949, ch. 193, § 1.
### § 24-06-33. Method of construction of highway ditches.

Repealed by S.L. 1953, ch. 177, § 120.
### § 24-06-34. Notice to water resource districts.

Whenever a county or township plans to construct or reconstruct a bridge, install or modify
a culvert, or construct or reconstruct a drain in connection with a roadway or railway, the county
or township shall provide notice in any way to the water resource board of the water resource
district in which is located the bridge, culvert, or drain. This notice must be given at least thirty
days prior to the date construction or reconstruction is to begin. The water resource board may
submit comments concerning the construction or reconstruction to the appropriate officials of
the county or township. This section does not apply in times of emergency, unexpected events,
or acts of God.
