North Dakota § 23.1-10-16 Zoning regulations establishing institutional controls

North Dakota Statutes

§ 23.1-10-16 — Zoning regulations establishing institutional controls

North Dakota § 23.1-10-16

Title 23.1Environmental Quality

Ch. 23.1-10Environmental Emergency Costs

This text of North Dakota § 23.1-10-16 (Zoning regulations establishing institutional controls) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23.1-10-16 (2026).

Text

1.If an area made subject to institutional controls involves two or more property owners and an area larger than either one city block or ten acres [4.05 hectares], the department and the political subdivision having zoning authority over the property may agree to institutional controls relating to the identified area impacted by the release or threatened release. Before the institutional controls become effective, the controls must be the subject of a public hearing and be established in the same manner as zoning regulations are established by that political subdivision. The political subdivision shall provide all notices under this subdivision, but any public hearing must be held jointly by the political subdivision and the department.

2.The department shall consider the factors in su

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1. If an area made subject to institutional controls involves two or more property owners
and an area larger than either one city block or ten acres [4.05 hectares], the
department and the political subdivision having zoning authority over the property may
agree to institutional controls relating to the identified area impacted by the release or
threatened release. Before the institutional controls become effective, the controls
must be the subject of a public hearing and be established in the same manner as
zoning regulations are established by that political subdivision. The political subdivision
shall provide all notices under this subdivision, but any public hearing must be held
jointly by the political subdivision and the department.

2. The department shall consider the factors in subsection 2 of section 23.1-10-15 before
agreeing to institutional controls under this section.
3. Institutional controls may be terminated or amended at any time by written agreement
between the department and the relevant political subdivision.