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Committee backs bill to centralize floodplain participation records and shift township authority to counties unless townships opt back in

2608073 · March 13, 2025
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Summary

The committee advanced legislation to create a Department of Water Resources public repository showing which cities, counties and townships participate in the National Flood Insurance Program and to clarify local floodplain management authority.

Sen. Paul Thomas told the committee Senate Bill 2027 would establish a central, public repository at the Department of Water Resources showing which political subdivisions participate in the National Flood Insurance Program (NFIP) and clarify which entity holds floodplain management authority.

The bill moves floodplain zoning authority away from townships and gives counties the primary responsibility for recording and certifying participation in NFIP; townships may later reclaim authority if they pass a resolution, hold a vote of qualified electors and meet specified procedural steps. "We need to establish a flood repository," Thomas said, describing the database as a single place where insurance agents and residents can check whether a community participates in NFIP.

Department of Water Resources staff told the committee the agency already supports floodplain management education and can host a public, searchable repository; the department testified it supports the bill and noted it will maintain the repository and assist communities.

Insurance department staff and representatives of the North Dakota Association of Realtors supported the bill as a consumer‑protection tool after describing cases in which residents paid premiums for policies that were not valid because their township or local authority did not participate in NFIP. "This really stems from issues where consumers purchased policies ... only to then experience a loss, file a claim, [and] have FEMA dig in and realize ... this isn't a valid policy," said deputy insurance commissioner John Arnold. He said the repository would be a tool for insurance producers to verify participating communities.

County and township association representatives said they worked on the study behind the bill; the Association of Counties noted the administrative burden and review work required to maintain maps and ordinances compliant with NFIP standards. The bill requires an annual certification by counties (by March 31) and by townships (by April 30), and directs the Department of Water Resources to publish an updated statewide map by May 31 each year.

Committee members asked why a community might choose not to participate. Witnesses said participation is voluntary for many local governments and that participation decisions are driven by local assessments of risk and cost.

No formal opposition was recorded and the hearing concluded with multiple supporters urging the committee’s favorable recommendation.