§ 4.1-20-08 — Hearings on petitions - When held - Notice - Determinations

1. Within thirty days after a petition under section 4.1-20-07 has been filed, the state soil
conservation committee shall cause publication of due notice of a hearing on the
desirability of creation of a soil conservation district, the appropriate boundaries to be
assigned to the district, the propriety of the petition and the other proceedings taken
under this chapter, and upon all other relevant questions. All qualified electors living
within the area described in the petition, and of lands within any area considered for
addition to the area described in the petition, and all other interested parties have the
right to attend and be heard at the hearing. If it appears at the hearing that it may be
desirable to include within the proposed district additional area outside of the area
within which due notice of hearing has been given, the hearing must be adjourned and
due notice of further hearing must be given throughout the entire area considered for
inclusion in the district, and further hearing must be held.
2. If the committee determines, upon the facts presented at the hearing and upon other
available relevant facts and information, there is need, in the public interest, for a soil
conservation district to function in the area considered at the hearing, the committee
shall record that determination and define the district boundaries by metes and bounds
or legal subdivisions. In making the determination and defining the boundaries, the
committee shall give due weight and consideration to:
a. The topography of the area considered and of the state;
b. The composition of soils, distribution of erosion, prevailing land use practices,
and desirability and necessity of including within the boundaries the area under
consideration;
c. The benefits the area may receive from being included within such boundaries;

d. The relation of the proposed area to existing watersheds and agricultural regions,
and to other soil conservation districts already organized or proposed for
organization under this chapter; and
e. Any other relevant physical, geographic, and economic factors, having due
regard to the legislative policy set forth in section 4.1-20-01.
3. If the committee determines, after the hearing and due consideration of the relevant
facts, there is no need for a soil conservation district to function in the area considered
at the hearing, the committee shall record that determination and deny the petition.
After six months has expired from the date of the denial of that petition, a subsequent
petition covering the same or substantially the same area may be filed and a new
hearing held and new determinations made.