§ 37-17.1-11 — Disaster or emergency mitigation

North Dakota § 37-17.1-11

• Jurisdiction: North Dakota
• Title 37: Military
• Ch. 37-17.1: Emergency Services

Text

1. In addition to disaster or emergency mitigation measures as included in the state and
local disaster or emergency operational plans, the governor shall consider, on a
continuing basis, steps that could be taken to mitigate or reduce the harmful
consequences of disasters or emergencies. At the governor's direction, and pursuant
to any other authority and capability they have, state agencies charged with
responsibilities in connection with floodplain management, stream encroachment and
flow regulation, weather modification, fire prevention and control, air quality, public
works, land use and land use planning, and construction standards, shall make studies
of disaster or emergency mitigation-related matters. The governor, from time to time,
shall make recommendations to the legislative assembly, local governments, and other
appropriate public and private entities as may facilitate measures for mitigation or
reduction of the harmful consequences of disasters or emergencies.
2. The water commission and department of water resources, in conjunction with the
division of homeland security and emergency management, shall keep land uses and
construction of structures and other facilities under continuing study and identify areas
that are particularly susceptible to severe land shifting, subsidence, flood, or other
catastrophic occurrence. The studies under this subsection must concentrate on
means of reducing or avoiding the dangers caused by severe land shifting,
subsidence, flood, or other catastrophic occurrence, or the consequences of severe
land shifting, subsidence, flood, or other catastrophic occurrence.
3. If the division of homeland security and emergency management determines, in
coordination with lead and support agencies, on the basis of the studies or other
competent evidence, that an area is susceptible to a disaster of catastrophic

proportions without adequate warning; existing building standards and land use
controls in that area are inadequate and could add substantially to the magnitude of
the disaster or emergency; and changes in zoning regulations, other land use
regulations, or building requirements are needed in order to further the purposes of
this section, it shall specify the essential changes to the governor. If the governor,
upon review of the determination, finds after public hearing, that the changes are
essential, the governor shall so recommend to the agencies or local governments with
jurisdiction over that area and subject matter. If no action or insufficient action pursuant
to the governor's recommendations is taken within the time specified by the governor,
the governor shall so inform the legislative assembly and request legislative action
appropriate to mitigate the impact of the disaster or emergency.
4. The governor, at the same time that the governor makes recommendations pursuant
to subsection 3, may suspend the standard or control which the governor finds to be
inadequate to protect the public safety and by regulation place a new standard or
control in effect. The new standard or control remains in effect until rejected by
concurrent resolution of both houses of the legislative assembly or amended by the
governor. During the time it is in effect, the standard or control contained in the
governor's regulation must be administered and given full effect by all relevant
regulatory agencies of the state and local governments to which it applies. The
governor's action is subject to judicial review in accordance with chapter 28-32 but is
not subject to temporary stay pending litigation.