§ 58-06-11 — Floodplain management ordinances - Requirements - Limitations - Definitions - Enforcement

Definitions - Enforcement.
1. As used in this chapter:
a. "Floodplain management" has the same meaning as in section 61-16.2-02.
b. "Floodplain management ordinance" has the same meaning as in section
61-16.2-02.
c. "Indian country" means:
(1) Land within the limits of any Indian reservation that is under the jurisdiction
of the United States government and located within this state,
notwithstanding the issuance of any patent, and, including rights of way
running through the reservation;
(2) Dependent Indian communities within this state whether within the original
or subsequently acquired territory of the state; and
(3) Indian allotments within this state, the Indian titles to which have not been
extinguished, including rights of way running through the allotted land.

2. A board of township supervisors by written resolution may exercise floodplain
management under chapter 61-16.2. Upon the adoption of the resolution, the board of
township supervisors has exclusive authority to regulate floodplain management and
shall enact a floodplain management ordinance applying to all persons and property
within the boundaries of the township, except for persons and property within a city's
zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of
Indian country. The township clerk shall forward a copy of the written resolution to the
county auditor of the county where the township is located and the department of
water resources for inclusion in the central repository established under section
61-16.2-15.
3. A township not exercising its floodplain management authority under this section is
subject to the floodplain management authority of the county under section 11-11-71.
4. After acquiring floodplain management authority from the county under subsection 2,
the township may relinquish its floodplain management authority back to the county
upon execution of a written agreement signed by the board of county commissioners
and the board of township supervisors. The county may not require the township to
convey an additional authority legally afforded to the township in exchange for the
written agreement. The relinquishment of authority may not become effective sooner
than sixty days after the board of township supervisors delivers a written notice of
proposed relinquishment to the appropriate board of county commissioners.
5. If a township previously exercised floodplain management authority and becomes
subject to county floodplain management authority under this section, the township
shall defend, indemnify, and hold harmless the county and its agents, officers, and
employees from and against a claim for damages arising from a township's
noncompliance with chapter 61-16.2 and the national flood insurance program
[42 U.S.C. 4001 et seq.].
6. Upon enactment of a floodplain management ordinance by a township under this
section, the township clerk shall forward the ordinance to the department of water
resources for inclusion in the central repository established under section 61-16.2-15.
7. The township clerk of a township exercising floodplain management authority shall
certify to the department of water resources by April thirtieth of each year the names of
the township supervisors and officers and that the township is undertaking floodplain
management activities under chapter 61-16.2.
8. A township exercising floodplain management authority is not required to activate its
zoning authority under chapter 58-03 before enacting a floodplain management
ordinance.
9. In a township exercising floodplain management, the board of township supervisors
shall enforce an ordinance or regulation enacted under this section. The board of
township supervisors may impose enforcement duties on an officer, department,
agency, or employee of the township.