North Dakota § 24-06-26.3 Maintenance of township road ditches by private party - Power of board of township supervisors - Approval - Standards of construction

North Dakota Statutes

§ 24-06-26.3 — Maintenance of township road ditches by private party - Power of board of township supervisors - Approval - Standards of construction

North Dakota § 24-06-26.3

Title 24Highways, Bridges, and Ferries

Ch. 24-06Local Road Improvements

This text of North Dakota § 24-06-26.3 (Maintenance of township road ditches by private party - Power of board of township supervisors - Approval - Standards of construction) 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 § 24-06-26.3 (2026).

Text

township supervisors - Approval - Standards of construction.
The board of township supervisors may authorize any private party to maintain, clean, or
shape a ditch along a township road at that party's own expense and in accordance with this
section. In maintaining, cleaning, or shaping a ditch, the private party may not spread any soil or
debris from that ditch along adjoining land without the permission of all parties with an interest in
that land. The ditch may be on a continuous grade from the bottom of the upstream water outlet
to the bottom of the downstream water outlet structure. The grade ratio in that distance must be
a slope that, in light of the soil types and potential for vegetative cover in the ditch, will resist
erosion. In order for any action to be considered maintenance 

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township supervisors - Approval - Standards of construction.
The board of township supervisors may authorize any private party to maintain, clean, or
shape a ditch along a township road at that party's own expense and in accordance with this
section. In maintaining, cleaning, or shaping a ditch, the private party may not spread any soil or
debris from that ditch along adjoining land without the permission of all parties with an interest in
that land. The ditch may be on a continuous grade from the bottom of the upstream water outlet
to the bottom of the downstream water outlet structure. The grade ratio in that distance must be
a slope that, in light of the soil types and potential for vegetative cover in the ditch, will resist
erosion. In order for any action to be considered maintenance of a ditch in accordance with this
section, the ditch must be entirely contained within the township right of way, must have a
bottom that is not wider than twelve feet [3.66 meters], and may not alter the side slope of the
ditch to a slope steeper than the existing side slope. The board of township supervisors may not
approve private maintenance of a ditch that does not comply with the standards of this section.
If the board of township supervisors denies permission to maintain a ditch under this section,
the petitioner may appeal that decision to the water resource board that has jurisdiction over the
ditch. This section does not relieve any person from compliance with any requirements for a
drainage permit which are required by statute or rule.