North Dakota § 61-16.1-19 Voting on proposed projects - Notice of result

North Dakota Statutes

§ 61-16.1-19 — Voting on proposed projects - Notice of result

North Dakota § 61-16.1-19

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

This text of North Dakota § 61-16.1-19 (Voting on proposed projects - Notice of result) 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 § 61-16.1-19 (2026).

Text

At the hearing on an assessment project, the affected landowners, and any county,
township, or city to be assessed, must be informed when and where votes concerning the
proposed project may be filed. Affected landowners, and the governing body of any county,
township, or city to be assessed, have thirty days after the date of the hearing to file their votes
for or against the project with the secretary of the water resource board. If a vote is mailed to the
secretary, the vote is timely if the vote is received within the voting period. During the voting
period, ballots may not be opened and votes may not be counted. Once the deadline for filing
votes has been reached, votes may not be filed or withdrawn. Any withdrawal of a vote
concerning the proposed project before that time must be in w

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At the hearing on an assessment project, the affected landowners, and any county,
township, or city to be assessed, must be informed when and where votes concerning the
proposed project may be filed. Affected landowners, and the governing body of any county,
township, or city to be assessed, have thirty days after the date of the hearing to file their votes
for or against the project with the secretary of the water resource board. If a vote is mailed to the
secretary, the vote is timely if the vote is received within the voting period. During the voting
period, ballots may not be opened and votes may not be counted. Once the deadline for filing
votes has been reached, votes may not be filed or withdrawn. Any withdrawal of a vote
concerning the proposed project before that time must be in writing. When the deadline for filing
votes has passed, the board immediately shall determine whether the project is approved. If the
board finds fifty percent or more of the total votes filed are against the proposed project, the
vote constitutes a bar against proceeding further with the project. If the board finds the number
of votes filed against the proposed project is less than fifty percent of the votes filed, the board
shall issue an order establishing the proposed project and, after complying with the
requirements of sections 61-16.1-21 and 61-16.1-22, may contract or provide for the
construction or maintenance of the project in substantially the manner and according to the
forms and procedure provided in title 40 for the construction of sewers within municipalities. The
board may enter into an agreement with any federal or state agency under the terms of which
the contract for the project is to be let by the federal agency, the state agency, or both. If there is
an agreement for a party other than the board to let the contract, the board may dispense with
all the requirements of title 40. Upon making an order establishing a project or determining the
vote bars establishing a project, the board shall publish notice of the order or determination in a
newspaper of general circulation in the area in which the affected lands are located. The notice
must advise affected landowners of their right to appeal. Any right of appeal begins to run on the
date of publication of the notice.