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North Dakota SB 2118 revises stream crossing design reviews and liability rules for highway construction

Original title: A BILL for an Act to amend and reenact section 24-03-08 of the North Dakota Century Code, relating to the appeals of stream crossing calculations.

Last action · January 20, 2025: Second reading, failed to pass, yeas 0 nays 47

Introduced
Committee
Floor Vote
Passed
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What This Bill Proposed

Senate Bill 2118 modifies the process by which the Department of Water Resources reviews stream crossing designs and calculates discharge capacities for newly constructed or reconstructed highways over waterways. It establishes that a petitioning or requesting party must be aggrieved by the placement of a before filing, and shields road authorities from liability for water damage if crossings meet established department standards.

Why it matters

Determines when local landowners, county commissioners, township supervisors, or water resource boards can trigger formal state reviews of highway culvert and bridge sizes, and alters legal liability protections for road authorities facing water damage claims.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Landowners in affected areas

Landowners must now meet an aggrieved party requirement before petitioning for a stream crossing review and are subject to modified review procedures.

Directly affected

Department of Water Resources

The department is tasked with conducting stream crossing design reviews, determining design discharge, and notifying aggrieved parties and road authorities.

Directly affected

Road authorities (Department of Transportation, counties, and townships)

Road authorities gain liability protection from water damage claims if their highway crossings comply with state stream crossing standards.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who can request a review of a stream crossing design?
A majority of landowners in an affected area, a board of county commissioners, a board of township supervisors, or a water resource board can request or petition for a review, provided they are aggrieved by the placement of the .
Are road authorities liable for water damage if a highway floods a property?
The department, county, and township are not liable for water-related damage to structures or property if the highway crossing was constructed or reconstructed in accordance with the stream crossing standards prepared by the department and the Department of Water Resources.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Failed in the Senate.

Procedural history

4 actions
  1. Jan 20, 2025Senate
    Second reading, failed to pass, yeas 0 nays 47
  2. Jan 16, 2025SenateCommittee
    Reported back, do not pass, placed on calendar 7 0 0
  3. Jan 16, 2025SenateCommittee
    Committee Hearing 10:45
  4. Jan 7, 2025SenateIntroduced
    Introduced, first reading, referred Energy and Natural Resources Committee

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Connected Entities

North Dakota Century Code, Department of Water Resources
otherNorth Dakota Century Code“Statutory code amended by the bill”Map →
OrganizationDepartment of Water Resources“Responsible for reviewing stream crossing designs and determining design dischar”Map →

Sources

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 45)
  • Controversy20
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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