Definitions. (Effective through July 31, 2026)
1. For purposes of this section:
a. "Animal feeding operation" means a lot or facility, other than normal wintering
operations for cattle and an aquatic animal production facility, where the following
conditions are met:
(1) Animals, other than aquatic animals, have been, are, or will be stabled or
confined and fed or maintained for a total of forty-five days or more in any
twelve-month period; and
(2) Crops, vegetation, forage growth, or postharvest residues are not sustained
in the normal growing season over any portion of the lot or facility.
b. "Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
The term does not include:
(1) The production of timber or forest products; or
(2) The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.
c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
elk, fur animals raised for their pelts, and any other animals that are raised, fed,
or produced as a part of farming or ranching activities.
d. "Location" means the setback distance between a structure, fence, or other
boundary enclosing an animal feeding operation, including its animal waste
collection system, and the nearest occupied residence, the nearest buildings
used for nonfarm or nonranch purposes, or the nearest land zoned as a
residential, recreational, or commercial zoning district. The term does not include
the setback distance for the application of manure or for the application of other
recycled agricultural material under a nutrient management plan approved by the
department of environmental quality.
2. For purposes of this section, animal units are determined as provided under
subdivision c of subsection 7 of section 23.1-06-15.
3. A board of township supervisors may not prohibit or prevent the use of land or
buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. A regulation may not preclude the development of an animal feeding operation in the
township.
5. A board of township supervisors may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of township supervisors may adopt regulations that establish different
standards for the location of animal feeding operations based on the size of the
operation and the species and type being fed.
7. If a regulation would impose a substantial economic burden on an animal feeding
operation in existence before the effective date of the regulation, the board of township
supervisors shall declare that the regulation is ineffective with respect to any animal
feeding operation in existence before the effective date of the regulation.
8. a. A board of township supervisors may establish high-density agricultural
production districts in which setback distances for animal feeding operations and
related agricultural operations are less than those in other districts.
b. A board of township supervisors may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for animal feeding
operations and related agricultural operations are greater than those in other
districts; provided, the low-density agricultural production districts may not extend
more than one-half mile [0.80 kilometer] from the edge of the area zoned for
residential, recreational, or nonagricultural commercial uses.
c. A board of township supervisors may not adopt or enforce setbacks applicable to
animal feeding operations that exceed the setback distances provided in
subsection 7 of section 23.1-06-15.
d. For purposes of this subsection, a "related agricultural operation" means a facility
that produces a product or byproduct used by an animal feeding operation.
9. A person intending to construct an animal feeding operation may petition the board of
township supervisors for a determination whether the animal feeding operation would
comply with zoning regulations adopted under this section and filed with the
department of environmental quality under section 58-03-17 before the date the
petition was received by the township. The petition must contain a description of the
nature, scope, and location of the proposed animal feeding operation and a site map
showing road access, the location of any structure, and the distance from each
structure to the nearest section line. If the board of township supervisors does not
validly object to the petition within sixty days of receipt, the animal feeding operation is
deemed in compliance with the township zoning regulations. If the township allows
animal feeding operations as a conditional use, the conditional use regulations must
be limited to the board's authority under this section, and the approval process must
comply with this section. The township shall make a valid determination on the
application within sixty days of the receipt of a complete conditional use permit
application. If the board of township supervisors determines the animal feeding
operation would comply with zoning regulations or fails to object under this section, the
township may not impose additional zoning regulations relating to the nature, scope, or
location of the animal feeding operation later, provided an application is submitted
promptly to the department of environmental quality, the department issues a final
permit, and construction of the animal feeding operation commences within three
years from the date the department issues its final permit and any permit appeals are
exhausted. Any objection or determination that subsequently is reversed, set aside, or
invalidated by a court of this state, is not a valid objection or decision for the purpose
of calculating a procedural timeline under this section. A procedural timeline imposed
by this section continues to be in effect during the pendency of any appeal of a
township action or determination. A board of township supervisors may not:
a. Regulate or impose zoning restrictions or requirements on animal feeding
operations or other agricultural operations except as expressly permitted under
this section;
b. Impose water quality, closure, site security, lagoon, or nutrient plan regulations or
requirements on animal feeding operations;
c. Charge fees or expenses of any kind totaling, in the aggregate, more than five
hundred dollars in connection with any permit, petition, application, or other
request relating to animal feeding operations; or
d. Require an existing animal feeding operation to have a permit for improvements
or other modifications of an operation that is in current compliance with state and
federal regulations or require an existing operation to have a permit for
improvements or other modifications that bring the operation into compliance with
state or federal regulations, if the modifications or improvements do not cause the
operation to exceed animal numbers of the setback requirement.
10. If a party challenges the validity of a township ordinance, determination, decision, or
objection related to animal feeding operations, the court shall award the prevailing
party actual attorney's fees, costs, and expenses.
Farming and ranching regulations - Requirements - Limitations - Definitions.
(Effective after July 31, 2026)
1. For purposes of this section:
a. "Animal feeding operation" means a lot or facility, other than normal wintering
operations for cattle and an aquatic animal production facility, where the following
conditions are met:
(1) Animals, other than aquatic animals, have been, are, or will be stabled or
confined and fed or maintained for a total of forty-five days or more in any
twelve-month period; and
(2) Crops, vegetation, forage growth, or postharvest residues are not sustained
in the normal growing season over any portion of the lot or facility.
b. "Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.
The term does not include:
(1) The production of timber or forest products; or
(2) The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.
c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,
elk, fur animals raised for their pelts, and any other animals that are raised, fed,
or produced as a part of farming or ranching activities.
d. "Location" means the setback distance between a structure, fence, or other
boundary enclosing an animal feeding operation, including its animal waste
collection system, and the nearest occupied residence, the nearest buildings
used for nonfarm or nonranch purposes, or the nearest land zoned as a
residential, recreational, or commercial zoning district. The term does not include
the setback distance for the application of manure or for the application of other
recycled agricultural material under a nutrient management plan approved by the
department of environmental quality.
2. For purposes of this section, animal units are determined as provided under
subdivision c of subsection 7 of section 23.1-06-15.
3. A board of township supervisors may not prohibit or prevent the use of land or
buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. Except as provided in this section, a regulation may not preclude the development of
an animal feeding operation in the township.
5. A board of township supervisors may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.
6. A board of township supervisors may adopt regulations that establish different
standards for the location of animal feeding operations based on the size of the
operation and the species and type being fed.
7. If a regulation would impose a substantial economic burden on an animal feeding
operation in existence before the effective date of the regulation, the board of township
supervisors shall declare that the regulation is ineffective with respect to any animal
feeding operation in existence before the effective date of the regulation.
8. a. A board of township supervisors may establish high-density agricultural
production districts in which setback distances for animal feeding operations and
related agricultural operations are less than those in other districts.
b. A board of township supervisors may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for animal feeding
operations and related agricultural operations are greater than those in other
districts; provided, the low-density agricultural production districts may not extend
more than one-half mile [0.80 kilometer] from the edge of the area zoned for
residential, recreational, or nonagricultural commercial uses.
c. A board of township supervisors may not adopt or enforce setbacks applicable to
animal feeding operations that exceed the setback distances provided in
subsection 7 of section 23.1-06-15, except setback distances may be reduced or
extended based on the results of the odor footprint tool developed by the
agriculture commissioner. A township may not use an odor annoyance free
percentage exceeding ninety-four percent.
d. For purposes of this subsection, a "related agricultural operation" means a facility
that produces a product or byproduct used by an animal feeding operation.
9. a. A person intending to construct an animal feeding operation may petition the
board of township supervisors for a determination whether the animal feeding
operation would comply with zoning regulations adopted under this section and
filed with the department of environmental quality under section 58-03-17 before
the date the petition was received by the township.
b. The petition must contain a description of the nature, scope, and location of the
proposed animal feeding operation and a site map showing road access, the
location of any structure, and the distance from each structure to the nearest
section line.
c. If the board of township supervisors does not validly object to the petition within
sixty days of receipt, the animal feeding operation is deemed in compliance with
the township zoning regulations. If the township allows animal feeding operations
as a conditional use, the conditional use regulations must be limited to the
board's authority under this section, and the approval process must comply with
this section. The township shall make a valid determination on the application
within sixty days of the receipt of a complete conditional use permit application.
d. If the board of township supervisors determines the animal feeding operation
would comply with zoning regulations or fails to object under this section, the
township may not impose additional zoning regulations relating to the nature,
scope, or location of the animal feeding operation later, provided an application is
submitted promptly to the department of environmental quality, the department
issues a final permit, and construction of the animal feeding operation
commences within three years from the date the department issues its final
permit and any permit appeals are exhausted. Any objection or determination that
subsequently is reversed, set aside, or invalidated by a court of this state, is not a
valid objection or decision for the purpose of calculating a procedural timeline
under this section.
e. A procedural timeline imposed by this section continues to be in effect during the
pendency of any appeal of a township action or determination.
f. A board of township supervisors may not:
(1) Regulate or impose zoning restrictions or requirements on animal feeding
operations or other agricultural operations except as expressly permitted
under this section;
(2) Impose water quality, closure, site security, lagoon, or nutrient plan
regulations or requirements on animal feeding operations;
(3) Charge fees or expenses of any kind totaling, in the aggregate, more than
five hundred dollars in connection with any permit, petition, application, or
other request relating to animal feeding operations; or
(4) Require an existing animal feeding operation to have a permit for
improvements or other modifications of an operation that is in current
compliance with state and federal regulations or require an existing
operation to have a permit for improvements or other modifications that
bring the operation into compliance with state or federal regulations, if the
modifications or improvements do not cause the operation to exceed animal
numbers of the setback requirement.
10. If a party challenges the validity of a township ordinance, determination, decision, or
objection related to animal feeding operations, the court shall award the prevailing
party actual attorney's fees, costs, and expenses.