§ 11-33-01 — County power to regulate property

For the purpose of promoting health, safety, morals, public convenience, general prosperity,
and public welfare, the board of county commissioners of any county may regulate and restrict
within the county, subject to chapter 54-21.3, the location and the use of buildings and
structures and the use, condition of use, or occupancy of lands for residence, recreation, and
other purposes. The board of county commissioners and a county zoning commission shall
state the grounds upon which any request for a zoning amendment or variance is approved or
disapproved, and written findings upon which the decision is based must be included within the
records of the board or commission. The board of county commissioners shall establish zoning
requirements for solid waste disposal and incineration facilities before July 1, 1994. The board
of county commissioners may impose tipping or other fees on solid waste management and
incineration facilities. The board of county commissioners may not impose any fee under this
section on an energy conversion facility or coal mining operation that disposes of its waste
onsite. The board of county commissioners may establish institutional controls that address
environmental concerns with the department of environmental quality as provided in section
23.1-10-16.