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Department of Water Resources, DOT and utilities oppose bill requiring wetland high‑water determinations; farm groups support talks
Summary
Senate Bill 23‑25 would require easement holders to secure ordinary high‑water determinations for non‑federal wetlands; farm groups supported the concept but state agencies, DOT and utilities warned the bill would create unfunded work and legal ambiguity.
Senator Larry Lueck introduced Senate Bill 23‑25, a proposal to require easement holders for non‑federal wetland areas to obtain determinations of each wetland’s ordinary high‑water mark and to manage water levels to that elevation. Sponsor remarks framed the bill as a tool to address persistent damage from standing water at roads, culverts and private property and to provide greater clarity for local infrastructure decisions.
Supporters from agricultural groups said the bill would create uniformity in wetland management and help resolve local disputes. Rachel Gross of the North Dakota Farm Bureau said modern aerial mapping and other tools could help establish…
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