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Bill would require state agencies to notify Water Resources of construction in mapped floodplains

2639333 · March 14, 2025
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Summary

Senate Bill 2060 would require state agencies to notify the Department of Water Resources when state-owned property or structures are modified within FEMA floodplain maps to support tracking and NFIP compliance; department staff said change responds to a federal audit and is intended to preserve enhanced mitigation benefits.

The Department of Water Resources asked the House Political Subdivisions Committee on March 6 to approve Senate Bill 2060, which would require state agencies to notify the department when state property or structures are modified within mapped floodplains.

Aaron Carranza, director of the Regulatory Division for the Department of Water Resources, said the change responds to a recent federal audit of North Dakota's participation in the Federal Emergency Management Agency's National Flood Insurance Program. "This new notice to the department will allow for tracking and provide an opportunity for the department to engage and provide assistance to state agencies with any questions regarding proper design and construction considerations specific to the National Flood Insurance Program," he said.

Carranza explained that North Dakota participates in the NFIP and currently benefits from an "enhanced state mitigation plan," which makes the state eligible for an additional five percent of federal disaster assistance used in the hazard mitigation grant program. During the audit, the state identified the absence of a consistent internal tracking mechanism for state-led construction in floodplains. The department provided guidance that would be updated if the bill passes and described the notice as a tool to ensure compliance with state law (chapter 61-16.2) and NFIP requirements.

A committee question noted the bill aims to align state practice with federal expectations; there were no speakers in opposition and the committee later advanced SB 2060 on a due-pass vote. The roll call recorded SB 2060 as passing the committee 11 yeas, 0 nays, 2 absent/not voting.

Ending: The department framed the change as technical and compliance-focused support for state agencies; committee approved the bill for passage by recorded vote.