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Lawmakers hear bill to create military impact zones, commission to limit encroachment on bases

2306308 ยท February 13, 2025
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Summary

Senators heard testimony supporting Senate Bill 2398 to create a military compatibility commission and military impact zones intended to reduce development, electromagnetic and airspace encroachment near North Dakota installations.

Senate sponsor Sen. Jeff Barta introduced Senate Bill 2398, telling the committee the bill aims to define military impact zones around installations and establish a commission to improve coordination and reduce encroachment that could interfere with base missions.

Barta said the bill is not intended to be about foreign ownership or to create barriers, but to foster communication among military installations, local governments and other stakeholders. He described encroachment broadly to include airspace and electromagnetic frequency interference that can affect radar and navigation systems.

Fred Brooks, an Air Force regional environmental coordinator, testified for the Department of the Air Force. He said the bill would โ€œprotect these missions and reinforce our national securityโ€ and that electromagnetic radio-spectrum interference โ€œcan disrupt critical military operations such as tactical communications, navigation, support to intelligence missions, and sensor systems by causing degradation. It even [can cause] complete signal loss from overlapping frequencies employed by nonmilitary technologies.โ€ He told the committee the measure would provide clarity and help minimize disputes and reactive measures by the Air Force.

Local-government and community groups generally supported the concept but sought changes. Bill Wilken of the North Dakota League of Cities said the bill in its original form had what he called a โ€œsplit personalityโ€ between consultation and regulatory power; he proposed language changes to emphasize an advisory, consultative role and avoid unintended regulatory preemption of local planning. Brecca Kramer, president and CEO of the Minot Area Chamber EDC, urged more study and coordination because Minot Air Force Baseโ€™s footprint includes missile facilities and thousands of square miles beyond the main base. Kramer suggested an interim legislative study to allow local planning, military and state agencies to coordinate a uniform approach.

Barta said the amended version before the committee removed arbitrary radii and made participation more โ€œopt-inโ€ for installations, and that the commission could be structured to avoid creating a new state zoning authority. He said the billโ€™s goal is to let installations choose to participate and to create mission-specific zones rather than set a single distance for all bases.

No final action was taken; testimony concluded and the committee closed the hearing on SB2398 for later consideration.