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Bill would let townships reclaim zoning authority; supporters frame it as restoring local control
Summary
Senate Bill 23-17 would let a township that earlier transferred zoning authority to a county regain local zoning control after passing a board resolution, holding an election with a majority of qualified electors, adopting a zoning ordinance and appointing a zoning administrator.
Sen. Jeff Magram introduced Senate Bill 23-17 at a committee hearing as a measure to allow townships that unilaterally transferred zoning authority to counties to reacquire that authority if they follow a prescribed process: a written township board resolution, an election at an annual or special meeting with majority approval by qualified electors, adoption of a zoning ordinance and appointment of a zoning administrator.
Proponents told the committee the bill restores local control and provides a clear, public process for townships to resume zoning responsibilities as their population and land-use pressures change. Larry Severson of the North Dakota Township Officers Association urged an amendment to add a required comprehensive plan, saying, “The completion of these steps is proof that the Township has the commitment needed to assume the responsibility of zoning control for itself.” Several township officers, county officials and local residents testified in support and described cases in which townships lacked practical ability to influence development under county-only control.
Supporters argued the bill resolves a statutory gap created when some townships declined zoning decades ago and the county assumed authority; they said county resistance has sometimes made it difficult for townships to regain local control without litigation. Testimony from townships and township officers emphasized public notice, elections and written plans as protections for neighbors and for continuity.
Committee members and a number of witnesses also raised concerns about inconsistent rules across adjacent townships, how overlapping projects (for example, infrastructure spanning multiple townships) would be handled, and whether counties should retain an ultimate role in resolving cross-boundary disputes. The committee adopted an amendment (proposed by township representatives) that inserts a requirement that a township adopt a comprehensive plan before reacquiring zoning authority; the committee later asked sponsors to consult county officials and return with suggested language on cross-boundary coordination before a final committee vote.
Ending: The committee approved the technical amendment and left the amended bill in committee to allow sponsors to work with county officials and legislative counsel on language addressing coordination among adjacent townships and counties.
