Bill to create military compatibility commission draws debate over scope and overlap with federal review

Senator Jeff Barta introduced Senate Bill 23-98 to establish a military compatibility commission to advise on development that could affect military installations and their missions. Barta said the bill’s intent is to improve coordination among municipalities, counties, townships, the Department of Defense, FAA, FCC and local base leadership so development decisions do not unintentionally interfere with navigational or other mission‑critical systems.

Barta told the committee the proposal is intended as a cooperative, mission‑focused mechanism—"not about establishing barriers," he said—but to give local planners and state actors a formal venue to understand mission needs and technical constraints such as radar, frequency generation and counter‑drone issues. He said the commission would be used on an opt‑in basis for installations that request assistance, and that the group’s work would be tailored to a base's mission and operational footprint rather than a single fixed radius.

Levi Andrist, representing the wind industry, said the industry supports military compatibility but urged a carve‑out for projects already subject to the federal Department of Defense Military Aviation and Installation Assurance Clearinghouse and FAA obstruction review. Andrist said the federal clearinghouse already requires developer engagement and that projects cannot be built over a DOD or FAA objection. He asked that the bill exempt activity that is already subject to the federal clearinghouse process, arguing the federal process is a legal requirement and includes options for both informal and formal review.

Governor Armstrong’s chief operating officer, Al Dorman, offered a neutral but cautionary perspective: he said communication and best practices are already advancing in local jurisdictions (citing recent county efforts in Grand Forks) and warned the bill as drafted might create a commission composed mainly of local zoning officials advising themselves with limited added state authority. Dorman said other existing tools, including the governor’s North Dakota Military Commission and ongoing work on a state threat assessment bill, may offer better or complementary ways to address compatibility without creating another state board.

Senator Barta and proponents said the bill remains focused on coordination and that participation in the commission would be opt in for communities near installations; the sponsor said conversations with stakeholders, including industry and base leaders, continued during drafting. Committee did not take a final vote at this hearing.