N.D. Cent. Code § 24-10-01 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-01
24-10-01. Cattle guards - How permitted
Status: in_force

24-10-01. Cattle guards - How permitted

Whenever the erection of cattle guards is necessary to complete an enclosure which

includes land on both sides of any highway in the state, except a highway which has been

designated as part of the state highway system, or to cross a section line pursuant to section

24-06-28, the board of county commissioners, if the cattle guard is to be erected across a

county road or a section line subject to jurisdiction of the board of county commissioners, or the

board of township supervisors, if the cattle guard is to be erected across a township road or a

section line subject to jurisdiction of the board of township supervisors, may issue permission to

any person, firm, or corporation to erect a cattle guard and gateway across the highway or

section line upon the conditions hereinafter prescribed.
N.D. Cent. Code § 24-05-23 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-23
24-05-23. Encroachment upon county roads, ditches, approaches - Liability for damages
Status: in_force

24-05-23. Encroachment upon county roads, ditches, approaches - Liability for

damages.

A landowner who encroaches upon a county road or its ditches or approaches must be

given notice by the board of commissioners for that county that the encroachment has been

discovered. If the landowner fails to remedy the encroachment within twenty days after receiving

the notice, that landowner is liable to the county for damages resulting from the encroachment.

The board of commissioners for that county shall issue to the landowner written notice of the

amount of damages determined to be a result of the encroachment. If the landowner fails to pay

the county for the damages, the expense of the repair must be charged to the land of the

landowner. The expenses charged become a part of the taxes to be levied against the land for

the ensuing year and must be collected in the same manner as other real estate taxes are

collected and placed to the credit of the county that incurred the expense of the repair.
N.D. Cent. Code § 24-17-02 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-02
24-17-02. Definitions
Status: in_force

24-17-02. Definitions

1. "Commissioner" shall mean the director of the department of transportation of this

state or authorized agents as provided in section 24-02-01.3.

2. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,

draw, or in any other way bring into being or establish.

3. "Maintain" means to exist.

4. "Outdoor advertising" means a sign, display, or device of any kind or character

including statuary, erected or maintained for outdoor advertising purposes, upon which

any poster, bill, printing, painting, or other advertisement of any kind whatsoever may

be placed for advertising purposes and shall include but not be limited to any card,

cloth, paper, metal, painted, or wooden sign of any character placed for outdoor

advertising purposes, on or affixed to the ground or any tree, wall, bush, rock, fence,

building, structure, or thing, either privately or publicly owned. The terms "sign, display,

or device" comprehend all forms of outdoor advertising and the use of one such term

in this chapter includes all forms of outdoor advertising.

5. "Political sign" means a temporary sign erected on private property, which includes

signs which solicit votes or support for, or in opposition to, any candidate or any

political party under whose designation any candidate is seeking nomination or

election. Political signs may also contain messages concerning any public question on

the ballot in an election held under the laws of the state. Political signs do not include

signs which have been issued a legal billboard permit by a city, county, or the state of

North Dakota.

6. "State highway system" shall mean the state highway system as defined in

subsection 45 of section 24-01-01.1.
N.D. Cent. Code § 24-01-08 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-08
24-01-08. Uniform marking and erection of signs on highway
Status: repealed

24-01-08. Uniform marking and erection of signs on highway

Repealed by S.L. 1975, ch. 353, § 4.
N.D. Cent. Code § 24-06-04 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-04
24-06-04. Cost of township road machinery - How paid
Status: in_force

24-06-04. Cost of township road machinery - How paid

Road implements purchased by a township must be paid out of the highway taxes of the

township and may be paid in not to exceed five annual installments. A copy of the note or

contract issued upon the purchase must be filed in the office of the township clerk, and such

township clerk shall present a statement of the sum due thereon to the board of township

supervisors at each regular meeting held thereafter for the audit of the township claims and

charges, and the board shall audit the same. Not more than one-half of the highway taxes of the

township may be applied to the payment thereof in any one year.
N.D. Cent. Code § 24-03-14 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-14
24-03-14. Authority to acquire buildings for equipment
Status: in_force

24-03-14. Authority to acquire buildings for equipment

The director has authority to construct, rent, or purchase for the state the necessary land

and buildings for the storage and housing of road materials, road machinery, equipment, and

tools.
N.D. Cent. Code § 24-09-04 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-04
24-09-04. Advance warning signs - Exceptions
Status: in_force

24-09-04. Advance warning signs - Exceptions

The sole signing duty of the road authority, except as otherwise designated by the

commission under section 24-09-08, at public grade crossings in the state is the erection and

maintenance of advance warning signs in accordance with the manual on uniform traffic control

devices. The road authorities have a reasonable length of time, not exceeding two years, in

which to fully implement this requirement.
N.D. Cent. Code § 24-09-14 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-14
24-09-14. Failure to stop at crossing does not affect right to recover for injuries - Penalty
Status: repealed

24-09-14. Failure to stop at crossing does not affect right to recover for injuries -

Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 24-02-07.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-07.1
24-02-07.1. Engineering scholarships established
Status: repealed

24-02-07.1. Engineering scholarships established

Repealed by S.L. 1967, ch. 206, § 2.
N.D. Cent. Code § 24-01-42 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-42
24-01-42. Construction of utility facility - Limitation
Status: in_force

24-01-42. Construction of utility facility - Limitation

No person, firm, or association may construct any electrical supply or communication line,

gas, oil, or water, or other pipeline parallel to and within one hundred feet [30.48 meters] of the

centerline of any state highway right of way or within seventy-five feet [22.86 meters] of the

centerline of any county highway right of way without first obtaining the consent of the director

or board of county commissioners except that such prohibition does not apply to highways or

streets located within areas platted as townsites or additions and subdivisions thereof.
N.D. Cent. Code § 24-17-15 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-15
24-17-15. Appeals to district court - Application of chapter 28-32
Status: in_force

24-17-15. Appeals to district court - Application of chapter 28-32

Any person or persons, jointly and severally, aggrieved by a decision of the director under

this chapter may appeal therefrom to the district court pursuant to chapter 28-32.
N.D. Cent. Code § 24-12-05 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-05
24-12-05. Penalties
Status: in_force

24-12-05. Penalties

Any person who violates any provision of this title for which another penalty is not

specifically prescribed is guilty of a class B misdemeanor.
N.D. Cent. Code § 24-02-23 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-23
24-02-23. Award of contracts - Bonds
Status: in_force

24-02-23. Award of contracts - Bonds

Each and every contract in excess of the sum specified in section 24-02-17 must be

awarded by the department to the responsible bidder submitting the lowest and best bid, but

said department may reject all bids. If no satisfactory bid or bids are received, new bids may be

called for. The successful bidder must be required to furnish a suitable bond in at least the

amount of the contract and with such surety as may be determined by the department and as

approved by it.
N.D. Cent. Code § 24-07-14 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-14
24-07-14. Proceedings when road is laid out, altered, or discontinued
Status: in_force

24-07-14. Proceedings when road is laid out, altered, or discontinued

Whenever the board of county commissioners or the board of township supervisors shall lay

out, alter, or discontinue any highway, it shall cause a survey thereof to be made when

necessary, and it shall make out an accurate description of the highway so altered,

discontinued, or laid out, and shall incorporate the same in an order to be signed by the

members of such board, and shall cause such order, together with all the petitions and affidavits

of service and posting of notices to be filed in the office of the county auditor, if by the board of

county commissioners, and in the office of the township clerk, if by the board of township

supervisors. The auditor or clerk shall note the time of filing the same. On the refusal of either

board to lay out, alter, or discontinue a road, it shall note the fact on the back of the petition and

file the same as aforesaid. All orders, petitions, and affidavits, together with the award of

damages, must be made out and filed within five days after the date of the order for laying out,

altering, or discontinuing a highway. But the county auditor or township clerk may not record

such order within thirty days, nor until a final decision is had, and not then unless such order is

confirmed. When the order, together with the award, has been recorded by the county auditor or

township clerk, as the case may require, the same must be filed in the office of the county

auditor. In case the board having jurisdiction fails to file such order within twenty days, it must be

deemed to have decided against such application.
N.D. Cent. Code § 24-08-06 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-06
24-08-06. Board of county commissioners may act with representatives of other governmental agency
Status: in_force

24-08-06. Board of county commissioners may act with representatives of other

governmental agency.

If the remaining one-half of the cost of any bridge to be constructed as provided in section

24-08-05 is made up by an appropriation from any neighboring state or by any municipality in

this state, to be expended under a commission or through any other agency, the board of county

commissioners shall appoint a committee from its own number, of three or more, to meet such

other municipal agency, confer with its members, and advise and assist in the accomplishment

of such improvement in the best possible manner, and when the work is completed and

approved jointly by such agency and committee, such approval to be in writing and duly

reported to such board and recorded in the minutes thereof, the board shall direct the county

auditor to draw the county auditor's warrant upon the treasurer in favor of the contractor for the

amount due the contractor from such county.
N.D. Cent. Code § 24-07-19 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-19
24-07-19. Notice to party to remove fences
Status: in_force

24-07-19. Notice to party to remove fences

Whenever any public road has been laid out through any enclosed, cultivated, or improved

lands, pursuant to this chapter and the decision of the board laying out the road has not been

appealed from, the board shall give the owner or occupant of the land through which the road is

laid out thirty days' written notice to remove the owner's or occupant's fences. If the owner does

not remove the fences within thirty days after the notice, the board shall cause the fences to be

removed and shall direct the road to be opened and worked, but no enclosure may be ordered

opened between April first and October first.
N.D. Cent. Code § 24-06-27 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-27
24-06-27. Penalty for injuring ditch
Status: in_force

24-06-27. Penalty for injuring ditch

Any person who obstructs or in any way injures any ditch opened as provided in section

24-06-26 is liable to pay to the overseer of highways of such road district double the damages

caused by such injury, which must be assessed by the jury or court, and also is guilty of a class

B misdemeanor, and the civil damages, when collected by the overseer, must be deposited in

the road fund established by section 24-06-17, and must be expended in accordance with

section 24-06-19.
N.D. Cent. Code § 24-12-03 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-03
24-12-03. Garbage deposited on highways
Status: repealed

24-12-03. Garbage deposited on highways

Repealed by S.L. 1991, ch. 277, § 21.
N.D. Cent. Code § 24-08-07 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-07
24-08-07. Issuance of bonds to meet expenses of construction of bridge
Status: in_force

24-08-07. Issuance of bonds to meet expenses of construction of bridge

When one-half, or such other proportion as may be provided, of the cost of a bridge to be

constructed as provided in section 24-08-05 is provided by any municipality within this state, it

may issue bonds for this purpose in accordance with chapter 21-03. In case the limit of

indebtedness of such municipality would be exceeded thereby, then it is lawful for such

municipality to provide funding from revenues derived from its general fund levy authority.
N.D. Cent. Code § 24-08-10 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-10
24-08-10. Counties or municipalities may assist in constructing bridge
Status: in_force

24-08-10. Counties or municipalities may assist in constructing bridge

Any county or municipality within this state desiring to assist in the construction,

maintenance, or repair of a bridge over a navigable river, regardless of whether such county or

municipality borders the river at the point where the bridge is to be built, by a majority vote of its

board or governing body:

1. May enter into an agreement for the construction, maintenance, and repair of such a

bridge with other municipalities or counties, whether such municipalities or counties

are located within the state of North Dakota or a state bordering North Dakota; and

2. May appropriate any sum that to the said board or governing body may seem

reasonable and shall direct the proper officer to draw a warrant on the general fund for

the payment of such appropriation.

Bridges constructed pursuant to this section may not be required to comply with the provisions

of sections 24-08-01 and 24-08-05, except that bridges constructed entirely within the state of

North Dakota must comply with the bidding requirements of section 24-08-01.
N.D. Cent. Code § 24-01-21 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-21
24-01-21. Receipt to be signed by owner or clerk of court
Status: in_force

24-01-21. Receipt to be signed by owner or clerk of court

Every owner entitled to an award for damages, before the same is paid to the owner by the

clerk of court, shall sign and execute a receipt therefor. Such receipt must contain a description

of the premises covered by the award. In case the owner fails or refuses to accept such award

and execute such receipt therefor, the clerk of court shall execute a receipt, reciting the deposit

of such award with the owner and the description of the premises covered by the award.
N.D. Cent. Code § 24-10-06 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-06
24-10-06. Cattle ways under highways
Status: in_force

24-10-06. Cattle ways under highways

Upon application to the board of county commissioners of any county or the board of

township supervisors of any organized township, by any person, for permission to construct a

cattle way under any public road, such board may grant the same upon condition that the cattle

way may not interfere with the public travel, that the grade of the road over the cattle way may

not exceed one foot [.30 meter] in ten feet [3.05 meters], and that it may not obstruct watering at

any running stream. The applicant shall construct the same at the applicant's own expense and

is responsible for all damages that may arise from its construction or from failure to keep the

same in repair.
N.D. Cent. Code § 24-02-07.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-07.2
24-02-07.2. Contract of employment or repayment a prerequisite
Status: repealed

24-02-07.2. Contract of employment or repayment a prerequisite

Repealed by S.L. 1967, ch. 206, § 2.
N.D. Cent. Code § 24-02-09 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-09
24-02-09. Departmental budget estimates - Departmental budgets
Status: in_force

24-02-09. Departmental budget estimates - Departmental budgets

Not later than the fifteenth day of May of each year, each head of a department, division,

section, or activity of the department who may be directed and designated to do so by the

director shall submit to the director an outline of the work which should be undertaken by such

department, division, section, or activity during the following fiscal year and the estimated

expense thereof, in such detail as the director may prescribe, together with such other cost data

and information as the director shall direct.

Not later than the thirtieth day of June of each year, the director shall adopt a departmental

budget wherein must be allocated, set aside, and appropriated to each department, division,

section, or activity of the department for the ensuing fiscal year a definite and fixed sum or

allowance in such amount and with such detail as the director may elect for the use and

purpose specified in such departmental budget. Nothing herein, however, prevents the director

from adding to, amending, revising, or reducing from time to time, and as circumstances may

warrant, such departmental budget.
N.D. Cent. Code § 24-07-18 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-18
24-07-18. Determination final for one year
Status: in_force

24-07-18. Determination final for one year

The determination of a board of county commissioners, or a board of township supervisors

in refusing to lay out, alter, or discontinue any highway, is final, unless such determination is

appealed from as is provided in this chapter, for the term of one year after the filing of such

order or determination in the county auditor's or township clerk's office, as the case may be, and

no application for laying out, altering, or discontinuing any such highway again may be acted

upon by such board within said period of one year, and in case the determination of any such

board in laying out, altering, or discontinuing any highway is appealed from, as provided in this

chapter, and such determination is reversed on appeal, the said board may not, within one year

after the making of the determination so reversed on appeal, act again upon an application to

lay out, alter, or discontinue any such highway.
N.D. Cent. Code § 24-07-13 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-13
24-07-13. Examination of proposed highway
Status: in_force

24-07-13. Examination of proposed highway

The board having jurisdiction, upon being satisfied that copies of the petition have been

posted and notices have been served and posted as required, or that at least seventy percent of

the qualified electors who are owners of lands affected have signed the original petition and that

notices have been served personally or left at the abode of those who may have failed to sign

the original petition, proof of which shall be shown by affidavit, shall proceed to examine the

proposed highway and shall hear any reasons for or against the laying out, altering, or

discontinuing of the same, and shall decide upon the application as it deems proper.
N.D. Cent. Code § 24-16-12 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-12
24-16-12. Penalty
Status: in_force

24-16-12. Penalty

Any person who permits a junkyard, as defined in section 24-16-02, to be established on

the person's property in violation of this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 24-01-03 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-03
24-01-03. Responsibility for state highway system
Status: in_force

24-01-03. Responsibility for state highway system

The director is responsible for the construction, maintenance, and operation of the state

highway system and may enter a cooperative agreement with any municipality for the

construction, maintenance, or repair of any urban connecting street. The director may not divest

the state from responsibility for maintaining the structural integrity of any bridge over a navigable

water of this state which is currently maintained by the state unless an agreement is reached

with the municipality.

The jurisdiction, control, and duty of the state and municipality with respect to such urban

connecting streets must be as follows:

1. The director has no authority to change or establish any grade of any such street

without approval of the governing body of such municipality.

2. The municipality shall maintain at its own expense all underground facilities in such

streets and has the right to construct such additional underground facilities as may be

necessary in such streets.

3. The municipality has the right to grant the privilege to open the surface of any such

street, but all damage occasioned thereby must be repaired promptly by said

municipality at its direction and without cost to the department.

4. The municipality has exclusive right to grant franchises over, beneath, and upon such

streets.
N.D. Cent. Code § 24-02-35.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-35.2
24-02-35.2. Deposit of sale proceeds - Continuing appropriation
Status: in_force

24-02-35.2. Deposit of sale proceeds - Continuing appropriation

The proceeds from any sale of road materials made under section 24-02-35.1 must be

deposited in the department of transportation fund. An amount not to exceed the total sum of the

sales under section 24-02-35.1, but not to exceed one million dollars a year, may be withdrawn

upon voucher of the department for purchasing road materials. All moneys deposited in the fund

pursuant to this section are hereby appropriated to the department for the purposes of this

section.
N.D. Cent. Code § 24-02-17 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-17
24-02-17. Contracts - Bids
Status: in_force

24-02-17. Contracts - Bids

Whenever the cost of any construction improvement exceeds the sum of twenty thousand

dollars, the department shall proceed to advertise the same, request bids, and award such

contracts in the manner provided in this chapter. The department may accept bids and bid

bonds that are submitted by electronic media such as the internet. The director may adopt the

procedures and rules necessary to implement this section.
N.D. Cent. Code § 24-06-21 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-21
24-06-21. Road tax may be worked out
Status: repealed

24-06-21. Road tax may be worked out

Repealed by S.L. 1951, ch. 178, § 5.
N.D. Cent. Code § 24-05-08 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-08
24-05-08. Highways on state line
Status: in_force

24-05-08. Highways on state line

Whenever the board of county commissioners of any county bordered by a state line deems

it for the best interests of such county to open and improve a highway on said state line, it may

negotiate with the proper officials of the adjoining county or state, and may make contracts or

agreements pertaining to the opening up of such state line and the construction of a highway

thereon. If the board of county commissioners deems it proper, it may agree with the officials of

the adjoining county or state for the allotment of the highway on said state line, and may

assume the obligation of construction and maintenance of certain parts of the said highway in

return for the assumption of like obligations by the officials of the adjoining county or state as to

a like portion of the state line forming the boundary of the said county.
N.D. Cent. Code § 24-07-03.1 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-03.1
24-07-03.1. Improvement of section line by landowner
Status: in_force

24-07-03.1. Improvement of section line by landowner

A person having a surface interest in a parcel of land connected by a section line to another

parcel of land in which that person has a surface interest or to a highway may petition the board

of county commissioners in an unorganized township or the board of township supervisors in an

organized township to authorize the petitioner to improve the section line or a portion of the

section line for the purpose of travel for agricultural purposes. The petition may be approved if

the section line cannot be traveled due to natural obstacles or difficulty of terrain and if the

petitioner does not have a readily accessible alternative route of travel to the parcel of land. The

petitioner must improve the section line or a portion of the section line at the petitioner's

expense.
N.D. Cent. Code § 24-01-12 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-12
24-01-12. Regulation of advertising signs on highways
Status: in_force

24-01-12. Regulation of advertising signs on highways

No person, firm, corporation, or limited liability company may place, put, or maintain any

sign, billboard, or advertisement within the limits of a public highway, or in any manner paint,

print, place, put, or affix, or cause to be painted, printed, placed, or affixed, any advertisement

on or to any stone, tree, fence, stump, pole, mileboard, milestone, danger sign, danger signal,

guide sign, guidepost, billboard, building, or other object within the limits of a public highway, or

place, put or maintain any sign or billboard upon private property within one thousand feet

[304.8 meters] of any highway grade crossing in such place or manner as to obstruct or interfere

with a free and clear view of such crossing from any highway or railroad intersecting thereat.

None of the provisions of this section prohibit the placing of public notices on billboards erected

for that purpose by authority of the governing body of a municipality. Any advertisement in or

upon a public highway or private property which, in the judgment of the director, may be

deemed to be a hazard to traffic, or in the future may tend to create a hazard to traffic, may be

taken down, removed, or destroyed by direction or authority of the department in the case of the

state highway system, by the board of county commissioners in the case of the county road

system, and by the board of township supervisors in the case of township roads.
N.D. Cent. Code § 24-05-12 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-12
24-05-12. Payment or deposit of damages - Receipt
Status: in_force

24-05-12. Payment or deposit of damages - Receipt

When damages have been awarded by the special board, the board of county

commissioners shall pay or cause to be paid to the clerk of the district court, for the benefit of

the persons interested, the sum awarded by said board, said amount to be paid in cash. Every

owner entitled to such an award, before receiving the same, shall execute a receipt, to be

received by the clerk of said district court, containing a description of the premises covered by

said award and an acknowledgment of full and complete satisfaction for all damages sustained.

In case the owner fails or refuses to accept such award and execute such receipt within ten

days after being notified of the amount awarded to the owner, the clerk of the court to whom

said amount has been paid shall execute a receipt reciting a deposit of such award and a

description of the premises covered thereby.
N.D. Cent. Code § 24-01-66 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-66
24-01-66. Specialist 4 David LaTraille Vietnam bridge - United States highway 81 - Continuing appropriation
Status: in_force

24-01-66. Specialist 4 David LaTraille Vietnam bridge - United States highway 81 -

Continuing appropriation.

The department shall designate the bridge on United States highway 81 in Grafton between

the junction of park street and the junction of Cashel street as the Specialist 4 David LaTraille

Vietnam bridge and shall place signs along the highway designating that name. The department

may accept any appropriate signs or funds donated to the department for the placement of

signs. Any donated funds are appropriated to the department on a continuing basis for the

purpose of providing signs designating the bridge on United States highway 81 as the

Specialist 4 David LaTraille Vietnam bridge.
N.D. Cent. Code § 24-01-12.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-12.1
24-01-12.1. Harvesting hay on state highway system - Storage and removal
Status: in_force

24-01-12.1. Harvesting hay on state highway system - Storage and removal

Every person harvesting hay on the rights of way of the state highway system, who stores

the harvested hay on the rights of way for later removal, shall store the harvested hay at the

outer edge of the rights of way. The director may remove any hay that is not stored as

prescribed in this section. All hay stored on the rights of way must be removed by November

first of each year.
N.D. Cent. Code § 24-01-41.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-41.1
24-01-41.1. Relocation of property other than utilities
Status: in_force

24-01-41.1. Relocation of property other than utilities

The legislative assembly assents that highway relocation assistance payments, as provided

in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

[Pub. L. 91-646; 84 Stat. 1894; 42 U.S.C. 4601 et seq.], and such changes or amendments

thereof which Congress may hereafter enact, are to be considered a necessary cost in the

construction or reconstruction of public highways which are eligible for federal aid funds. The

director is authorized and empowered to expend highway funds for the cost of the state's

participation in highway relocation assistance payments. Relocation assistance payments as

provided in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970, and such changes or amendments thereof which Congress may hereafter enact,

may not be construed as creating any element of damages recognized in eminent domain.
N.D. Cent. Code § 24-01-01.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-01.2
24-01-01.2. State highway system - Mileage
Status: in_force

24-01-01.2. State highway system - Mileage

The state highway system may not exceed seven thousand seven hundred miles [12391.95

kilometers] in length.
N.D. Cent. Code § 24-01-46 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-46
24-01-46. Clearing record title of right of way
Status: in_force

24-01-46. Clearing record title of right of way

Any political subdivision, department, or agency of the state, holding an interest of record in

any part of the right of way for any highway on the state highway system, shall upon application

of the director, cause such interest to be conveyed to the state of North Dakota for the use and

benefit of the department of transportation and no consideration for such conveyance may be

required. This section may not be construed to require that lands or interest therein held by

political subdivisions, departments, or agencies of the state, for other than highway purposes,

be conveyed to the state without full consideration.
N.D. Cent. Code § 24-07-08 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-08
24-07-08. State land subject to chapter
Status: in_force

24-07-08. State land subject to chapter

The provisions of this chapter apply to all lands owned by the state or any institution thereof,

or held by virtue of any contract with the state, and notice of the altering, laying out, or

discontinuing of any cartway or highway pursuant to this chapter must be served by registered

or certified mail upon the board of university and school lands or other state agency having the

control of the land affected, not less than thirty days prior to the taking of action by such board in

regard to altering, laying out, or discontinuing such cartway or highway.
N.D. Cent. Code § 24-17-01 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-01
24-17-01. Declaration of policy
Status: in_force

24-17-01. Declaration of policy

It is hereby declared to be in the public interest reasonably to regulate advertising devices

along the highways hereinafter specified while, at the same time, recognizing that both the

convenience of travel and the interests of the economy as a whole require a reasonable

freedom to advertise. It is the intention of the legislative assembly in this chapter to provide a

statutory basis for the reasonable regulation, but not the prohibition, of outdoor advertising

through zoning principles and standards consistent with the public policy relating to the areas

adjacent to the state highway system pursuant to 23 U.S.C. 131 and 23 U.S.C. 319 and rules

and regulations promulgated thereunder. It is further declared to be in the public interest to

review all rights now acquired by the state of North Dakota for the use and benefit of the

department of transportation pertaining to the right and control over the erection, location, or

maintenance of billboards, signs, or any form of advertising adjacent to the state highway

system, to determine and designate such areas adjacent to the state highway system as are

necessary for the restoration, preservation, and enhancement of scenic beauty and to vacate to

the owner such property rights acquired in areas not so determined and designated.
N.D. Cent. Code § 24-05-21 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-21
24-05-21. Roads and approaches intersecting with county or township roads - Requirement
Status: in_force

24-05-21. Roads and approaches intersecting with county or township roads -

Requirement.

All roads and approaches constructed after July 1, 1973, which intersect with county or

township roads, must have a graded inslope at the place of intersection of at least a

three-to-one ratio, thus permitting vehicles which may accidentally leave any county or township

road and strike the inslope a reasonably safe access over the road or approach.
N.D. Cent. Code § 24-05-19 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-19
24-05-19. County bound to provide its share of cost
Status: in_force

24-05-19. County bound to provide its share of cost

The election to proceed with an improvement as provided in section 24-05-18 by the board

of county commissioners constitutes an agreement and contract with the director and the board

of county commissioners shall provide sufficient funds in accordance with law to defray its share

of the cost of such improvement or shall levy sufficient taxes therefor. Construction on such

improvement must be commenced within one year.
N.D. Cent. Code § 24-01-70 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-70
24-01-70. PFC Henry Gurke memorial highway - State highway 18 - Continuing appropriation
Status: in_force

24-01-70. PFC. Henry Gurke memorial highway - State highway 18 - Continuing

appropriation.

The department shall designate state highway 18 from the intersection of state highway 5 to

the Canadian border as the PFC. Henry Gurke memorial highway and shall place signs along

the highway designating that name. The department may accept any appropriate signs or funds

donated to the department for placement of the signs. Any donated funds are appropriated to

the department on a continuing basis for the purpose of providing signs designating state

highway 18 as the PFC. Henry Gurke memorial highway.
N.D. Cent. Code § 24-09-06 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-06
24-09-06. Vehicles carrying school children, passengers for hire, or explosives must stop at railroad crossing
Status: repealed

24-09-06. Vehicles carrying school children, passengers for hire, or explosives must

stop at railroad crossing.

Repealed by S.L. 1975, ch. 347, § 25.
N.D. Cent. Code § 24-05-24 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-24
24-05-24. County and township road rights of way - Removal of obstructions
Status: in_force

24-05-24. County and township road rights of way - Removal of obstructions

The governing body having authority over the right of way of a county or township road may

develop and implement rules governing the disposal of any stored hay or other obstruction

placed on the right of way.
N.D. Cent. Code § 24-02-45.6 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.6
24-02-45.6. Big sky north coast corridor identification and development program
Status: in_force

24-02-45.6. Big sky north coast corridor identification and development program

The director may enter an agreement with the big sky passenger rail authority regarding the

creation of a service development plan.
N.D. Cent. Code § 24-06-10 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-10
24-06-10. Roads contiguous to municipality - Grades - How established
Status: in_force

24-06-10. Roads contiguous to municipality - Grades - How established

In all places where highways are improved and graded under the contract system in a

township where land contiguous to, adjoining, and outside of the limits of any city has been

surveyed into a block or blocks and divided into city lots, the person to whom such contract is

awarded shall comply strictly with the ordinances of such city as to roads, streets, grades, space

for sidewalks, berms, and gutters, if, in the opinion of the board of township supervisors having

control of the same, the cost of such grading is one hundred dollars or upwards. An estimate,

profile, and cross section of such desired improvement must be made by the county surveyor of

said county, and the contract for such improvement must be let to the lowest responsible bidder

not a member of the said board and the work done under such contract may not be accepted or

paid for until said surveyor has reported that the said contract has been complied with

substantially. All roads and streets in city additions of outlots must be graded according to the

requirements of such city ordinance or custom as to space for sidewalks, berms, and gutters.
N.D. Cent. Code § 24-03-04 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-04
24-03-04. Force accounts in emergencies
Status: in_force

24-03-04. Force accounts in emergencies

In case of great emergency requiring immediate action, and if delay would cause a public

injury, the work may be done by the department by force account.
N.D. Cent. Code § 24-02-45.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.1
24-02-45.1. Cooperative agreements with private entities for the construction of certain items on the state highway system
Status: in_force

24-02-45.1. Cooperative agreements with private entities for the construction of

certain items on the state highway system.

Notwithstanding any other provision of law, the director may enter a cooperative agreement

with a private entity for the construction of an item on the state highway system which will

benefit the private entity and the traveling public, as determined by the director. The private

entity's cost-share of the items requested to be added to the state highway system must be paid

for in advance of the construction by the private entity before the department can construct the

project. Funds received by the department pursuant to this section must be deposited in the

state highway fund as prescribed by section 24-02-41 and are appropriated to the department. If

the department requires engineering or contracting services for a project under this section, it

may provide the services or procure the services in accordance with section 24-02-07.3 and

24-02-17.
N.D. Cent. Code § 24-09-07 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-07
24-09-07. Speed limit at railroad crossing
Status: repealed

24-09-07. Speed limit at railroad crossing

Repealed by S.L. 1961, ch. 206, § 3.
N.D. Cent. Code § 24-04-03 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-03
24-04-03. Feeder roads and rural transportation assistance programs - Director may cooperate with federal government
Status: in_force

24-04-03. Feeder roads and rural transportation assistance programs - Director may

cooperate with federal government.

The director may receive and expend any funds within the limits of legislative appropriations

made available by the Congress of the United States to be applied on the county road system,

and other roads or streets not on the state highway system and to assist in the development

and improvement of surface transportation systems in rural and small urban areas, including

projects and programs for the construction of public roads not on any federal-aid system,

correction of safety hazards and replacement of bridges, development of parking facilities to

serve buses and other means of public transportation of passengers, and for the purchase of

buses used in public transportation service. The director may carry out the intent and purpose of

rural transportation assistance programs authorized by Congress to the same extent that the

director now may cooperate legally with federal-aid highway construction and maintenance

programs, except as hereinafter provided. The director may not engage in or provide state funds

for the operation of any public bus transportation system except by contract with a local

governmental entity or a private operator and may expend no revenue derived from gas tax or

motor vehicle licensing in the establishment or operation of such public bus transportation

system.
N.D. Cent. Code § 24-01-04 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-04
24-01-04. Municipalities to develop master street plan
Status: in_force

24-01-04. Municipalities to develop master street plan

Except for a municipality located within a designated metropolitan planning organization,

each municipality of over five thousand population in this state, according to the latest available

census, shall develop and adopt a master street plan cooperatively between the director and the

municipal officials, which must ensure the proper location and integration of the state highway

connections in the total city street plan. In selecting and designating the master street plan, the

cooperating officials shall take into account the more important principal streets that connect the

residential areas with business areas, and the streets that carry the important rural traffic into

and across the city, to ensure a system of streets upon which traffic can be controlled and

protected, in such a manner as to provide safe and efficient movement of traffic within a

municipality.
N.D. Cent. Code § 24-01-24 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-24
24-01-24. Appeal does not stay condemnation proceedings
Status: repealed

24-01-24. Appeal does not stay condemnation proceedings

Repealed by omission from this code.
N.D. Cent. Code § 24-01-57 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-57
24-01-57. Akicita (veteran) memorial highway - State highway 57 - Continuing appropriation
Status: in_force

24-01-57. Akicita (veteran) memorial highway - State highway 57 - Continuing

appropriation.

The department shall designate state highway 57 from the junction of United States

highway 281 and state highway 57 to the junction of state highway 57 and state highway 20 as

the Akicita (veteran) memorial highway and shall place signs along the highway designating that

name. The department may accept any appropriate signs or funds donated to the department

for the placement of signs. Any donated funds are appropriated to the department on a

continuing basis for the purpose of providing signs designating state highway 57 as the Akicita

(veteran) memorial highway.
N.D. Cent. Code § 24-02-03.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.3
24-02-03.3. Central management system for all state-owned licensed motor vehicles
Status: in_force

24-02-03.3. Central management system for all state-owned licensed motor vehicles

1. The director shall establish within the department a central vehicle management

system to regulate the operation, maintenance, and management of all motor vehicles

owned or leased by the state subject to registration under chapters 39-04 and 39-05.

Upon the request of a state agency and an agreement between the agency and

director for the use of the motor vehicle-related equipment, the director may purchase

or lease motor vehicle-related equipment and include that equipment within the

system. The director shall provide a uniform method of documenting the use and cost

of operation of motor vehicles and motor vehicle-related equipment in the system. The

director shall advise the director of the office of management and budget as to the

need to acquire or dispose of system motor vehicles. The specifications for highway

patrol vehicles to be acquired may be set by the highway patrol superintendent. Every

state agency, institution, department, board, bureau, and commission unless exempted

by the director must use the system. At the request of the director of the North Dakota

agricultural experiment station, certain vehicles used in farming operations at the

agronomy seed farm and branch research centers shall be exempt from the

requirements of this section. However, an agency, institution, department, board,

bureau, or commission may authorize the use of an employee's personal motor vehicle

pursuant to subsection 4 of section 54-06-09.

2. The director may enter into an agreement with a state employee who has a disability

requiring a specially-equipped vehicle to pay a mileage rate greater than the rate

established in section 54-06-09 for the employee's use of the employee's

specially-equipped motor vehicle while conducting state business. The rate must be

based on the rate provided in section 54-06-09, increased by the actual cost per mile

caused by the special equipment, and may not exceed the cost associated with the

special equipment expressed as the new value plus the depreciated fair market value

in eight years divided by two, divided by twenty thousand miles.

3. Each entity required to use the system shall submit records of the operation of each

vehicle as directed by the director.

4. The director may enter an agreement for the use of the motor vehicle-related

equipment with the North Dakota art museum established in section 54-02-11.
N.D. Cent. Code § 24-09-08.1 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-08.1
24-09-08.1. Department of transportation to apportion cost - Exception
Status: in_force

24-09-08.1. Department of transportation to apportion cost - Exception

In order to promote public safety at intersections of railroad lines and all classes of

highways, the department shall apportion the cost of automatic grade crossing protection

devices in accordance with this section. In the event that the commission in accordance with the

provisions of section 24-09-08 orders that any grade crossing must be protected by automatic

grade crossing protection devices, the commission shall in its order apportion the cost thereof

between the railroad interested, the political subdivision having jurisdiction of the highway

involved, and the state of North Dakota. Such cost must be apportioned to such parties or to

any one or more of such parties on the basis of the benefit derived respectively by highway

users and the railroad from the installation of such crossing protection device. For the purpose

of this section, the cost attributable to the benefit of the highway users must be apportioned to

the state of North Dakota or to the political subdivision having jurisdiction of the highway

involved or to both of such parties. The cost apportioned to the state of North Dakota must be

paid out of the highway fund in the state treasury, provided that not more than one hundred

thousand dollars may be expended for this purpose in any one biennium.
N.D. Cent. Code § 24-02-12 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-12
24-02-12. Auditing and payment of payrolls
Status: in_force

24-02-12. Auditing and payment of payrolls

Payroll vouchers prepared on forms adopted in accordance with section 24-02-34 must be

certified and approved by the director and the same must be presented to the office of

management and budget which shall prepare and issue a warrant signed by the state auditor for

each person named thereon without submitting such payroll voucher to the office of the budget

for its examination and approval.
N.D. Cent. Code § 24-17-12 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-12
24-17-12. Enforcement
Status: in_force

24-17-12. Enforcement

The director shall enforce the provisions of this chapter and the rules adopted by the

director through the remedy of injunction or other appropriate legal proceedings, and may not

act except through such proceedings, except as set forth in section 24-17-11. Neither the

director nor any other agency nor political subdivision of this state may, by plantings, obstruct

the view or in any other way interfere with the effectiveness of any sign legally in place under

the provisions of this chapter and the rules adopted by the director.
N.D. Cent. Code § 24-05-20 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-20
24-05-20. County and township road grades and ditches to be back sloped - Planting of grass - Plant pest control
Status: in_force

24-05-20. County and township road grades and ditches to be back sloped - Planting

of grass - Plant pest control.

All county and township roads shall be constructed with back sloped grades and ditches.

Such grades and ditches shall be sloped to a sufficient degree to permit farm implements used

for cutting and gathering hay to operate thereon, and such grades and ditches shall be cleared

of all stones or other obstructions that would hinder the operation of such implements. Upon

completion of such newly constructed or reconstructed roads, the governing body having

authority over such roads shall plant grass upon the back slopes of the grades and ditches. The

grass or hay growing upon or within the right of way of such roads may be cut for hay by any

owner or tenant of lands adjoining the right of way.

1. The governing body of a township or a county may control, or cause to be controlled,

grasshoppers and other plant pests which are infesting vegetation in the road rights of

way under their authority. Only pesticides that are labeled for use on forage crops may

be used so that the forage may be cut and used for hay. At least three days prior to

treatment, the governing body of the township or county shall provide written notice to

all of the landowners or tenants, or both, of all land adjacent to the rights of way to be

treated. The notice must include the approximate date of treatment, the name of the

pesticide that will be used, and any restrictions on the harvest and use of the treated

forage. If a landowner or occupant of land adjacent to the road right of way to be

treated gives notice opposing the treatment to the governing body of the township or

county prior to the treatment date that section of the right of way must be excluded

from treatment. The landowner or tenant of the land is responsible for clearly marking

or flagging the section of the right of way to be excluded from treatment.

2. The governing body of a county may enter into agreements with the department of

transportation for the purpose of controlling grasshoppers and other plant pests in

state highway system rights of way. The governing body of a township may enter into

agreements with the governing body of a county for controlling grasshoppers and

other plant pests in rights of way of the county road system. The governing body of a

county may use the county emergency fund, as provided for in section 57-15-28, to

pay for the cost of control in rights of way of the county road system. The county

emergency fund may also be used to cost share with townships for control expenses

in township rights of way. The electors of an organized township may appropriate

funds as provided for in section 57-15-19 for controlling grasshoppers and other plant

pests in rights of way controlled by the township.
N.D. Cent. Code § 24-03-21 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-21
24-03-21. Preparation of road maps - Publication of tourist information
Status: in_force

24-03-21. Preparation of road maps - Publication of tourist information

The commissioner shall prepare for general distribution road maps of the state highway

system and other roads as the commissioner determines necessary. Any tourist-oriented

material printed on road maps must be prepared by the department of commerce division of

tourism at no cost to the department of transportation.
N.D. Cent. Code § 24-01-36 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-36
24-01-36. Bridges may be built separately
Status: in_force

24-01-36. Bridges may be built separately

While the necessary bridges on any state highway must be construed and considered a part

of such highway, nevertheless, such bridges may be designed, erected, and contracts awarded

separately therefor, and such bridges may be designed, erected, and contracted irrespective of

the time when the highway contiguous thereto has been or may have been improved. All

necessary fills and approaches to any bridge must be construed and considered as part of such

bridge.
N.D. Cent. Code § 24-17-09 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-09
24-17-09. Duties and powers of the director
Status: in_force

24-17-09. Duties and powers of the director

1. The director is authorized:

a. To designate tracts of land adjacent to the state highway system which are

necessary for the restoration, preservation, and enhancement of scenic beauty.

b. To regulate the erection, construction, or placing of any sign, display, or device

within six hundred sixty feet [201.17 meters] of the nearest edge of the right of

way and to adopt standards relating to size, lighting, and spacing thereof in

conformity with 23 U.S.C. 131, provided the rules are not more restrictive than

those provided thereunder.

c. To establish permits authorizing the erection, construction, placement,

replacement, repair, and maintenance of any outdoor sign, display, or device,

which is within six hundred sixty feet [201.17 meters] of the nearest edge of the

right of way and visible from any place on the main traveled way of the state

highway system; to establish a fee schedule for such permits and to prescribe

rules for the issuance thereof.

d. To determine unzoned commercial or unzoned industrial areas along the state

highway system by agreement with the secretary of transportation of the United

States pursuant to 23 U.S.C. 131.

e. The director may designate which tracts of land are necessary for the restoration,

preservation, and enhancement of scenic beauty adjacent to the state highway

system. The director shall acquire, improve, and maintain said tracts of land the

director deems necessary for the restoration, preservation, and enhancement of

scenic beauty adjacent to the state highway system, and said tracts of land may

be beyond six hundred sixty feet [201.17 meters] of the nearest edge of the right

of way.

2. The interest in any land directed to be acquired and maintained under this section may

be a fee simple or any lesser interest, as determined by the director to be reasonably

necessary to accomplish the purposes of this section. The acquisition may be by gift,

purchase, exchange, or, subject to section 32-15-01, condemnation under the right

and power of eminent domain in the same manner that the director may acquire right

of way for construction, reconstruction, widening, alteration, changing, locating,

relocating, aligning, realigning, or maintaining a state highway.
N.D. Cent. Code § 24-01-51 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-51
24-01-51. Haying of no-mow areas
Status: in_force

24-01-51. Haying of no-mow areas

Notwithstanding any other provision of law, a person owning land adjacent to an area within

the right of way of a highway which is designated as a no-mow or managed-mow area may hay

the no-mow or managed-mow area after July fifteenth without any payment or penalty.
N.D. Cent. Code § 24-05-07 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-07
24-05-07. County may deviate from section lines - Condemn or purchase right of way
Status: in_force

24-05-07. County may deviate from section lines - Condemn or purchase right of way

Whenever the expense of constructing a highway or any part thereof is to be borne by the

county, the board of county commissioners thereof has the power to deviate from section and

township lines and to condemn and purchase right of way for such highway, if in its opinion the

cost of constructing and maintaining such highway must be decreased materially. The cost of

obtaining such right of way must be borne by the county.
N.D. Cent. Code § 24-01-27 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-27
24-01-27. Survey - Plat - Damages from survey
Status: in_force

24-01-27. Survey - Plat - Damages from survey

Whenever the director determines by order that public exigency requires the taking of land

or materials as provided in section 24-01-18, the director shall cause the same to be surveyed

and described, and a plat thereof approved by the county auditor and the said description must

be recorded in the office of the recorder of the county wherein the same is located. When such

plat has been approved and recorded, any description of the property in accordance with the

parcel or lot number and description set forth in such plat must be deemed a good and valid

description of the lots or parcels of land so described. No such plat or description may bear the

name or number which has been applied to any plat or description previously made and

recorded. The director, or the director's duly authorized agents, may enter upon any land for the

purpose of making surveys, examinations, or tests. In case of any damages to said premises,

the director forthwith shall pay to the owner of said premises the amount of such damages.
N.D. Cent. Code § 24-02-47 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-47
24-02-47. Contracts - Design-build method
Status: in_force

24-02-47. Contracts - Design-build method

Expired under S.L. 2009, ch. 236, § 16.
N.D. Cent. Code § 24-06-30 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-30
24-06-30. Removal of fences - Notice - Cost
Status: in_force

24-06-30. Removal of fences - Notice - Cost

When a public highway is opened along any section line, the board of county

commissioners or the board of township supervisors, as the case may be, shall notify the owner

of adjacent property to remove any fences not constructed pursuant to subsection 2 of section

24-06-28 within thirty-three feet [10.06 meters] of the section line in the manner provided for

notice to remove stones, trees, or rubbish. If the owner of adjacent property fails to remove the

fences within thirty days after the notice is given, the board of county commissioners or the

board of township supervisors, as the case may be, shall remove the fences. The cost of

removal must be entered the same as taxes against the adjacent property and paid in the same

manner as taxes.
N.D. Cent. Code § 24-07-30 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-30
24-07-30. When appeal sustained - Duty of the board
Status: in_force

24-07-30. When appeal sustained - Duty of the board

When an appeal has been made from the determination of any board of township

supervisors or board of county commissioners, and such determination has been reversed or

altered, the board from whose determination such appeal was taken shall proceed to lay out,

alter, or discontinue such highway, in conformity with the decision of such appeal, and the

proceedings thereon must be the same as if the board originally had determined to lay out, alter,

or discontinue such highway. The amount of damages finally determined and awarded by the

board or by the court or jury, together with all the charges of officers and other persons

necessarily employed in laying out, altering, or discontinuing any township or county road, must

be audited by the board of county commissioners or board of township supervisors, as the case

may be, specifying the amount of charges and damages due each individual, and the respective

amounts must be certified by said board and by it deposited with the county auditor or township

clerk and paid by the county or township, as the case may be. Before any road may be opened

or used, warrants of the county or township, as the case may be, equal to the damages

assessed to individuals, must be issued and deposited with the county auditor or township clerk,

as the case may be, for the use and benefit of said individuals, and must be delivered to them

on demand. The issuing and depositing of said warrants must be deemed to be sufficient

security for the payment of said damages. In no case may a township be compelled to pay any

damages that may be awarded in laying out, altering, or discontinuing any county road.
N.D. Cent. Code § 24-01-14 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-14
24-01-14. Speed research
Status: in_force

24-01-14. Speed research

The director may conduct investigations, research, and analysis of speed limits on any

highway.
N.D. Cent. Code § 24-01-31 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-31
24-01-31. Design of controlled-access facility
Status: in_force

24-01-31. Design of controlled-access facility

The highway authorities of the state, or any county, or municipality are authorized to so

design any controlled-access facility and to so regulate, restrict, or prohibit access as to best

serve the traffic for which such facility is intended. In this connection such highway authorities

are authorized to divide and separate any controlled-access facility into separate roadways by

the construction of raised curbings, central dividing sections, or other physical separations, or by

designating such separate roadways by signs, markers, stripes, and the proper lane for such

traffic by appropriate signs, markers, stripes, and other devices. No person has any right of

ingress or egress to, from or across controlled-access facilities to or from abutting lands, except

at such designated points at which access may be permitted, upon such terms and conditions

as may be specified from time to time.
N.D. Cent. Code § 24-01-01 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-01
24-01-01. Declaration of legislative intent
Status: in_force

24-01-01. Declaration of legislative intent

Adequate roads and streets provide for the free flow of traffic; result in low cost of motor

vehicle operation; protect the health and safety of the citizens of the state; increase property

value; and generally promote economic and social progress of the state. Therefore, the

legislative assembly hereby determines and declares that an adequate and integrated system of

roads and streets is essential to the general welfare of the state of North Dakota.

In designating the highway systems of this state, as hereinafter provided, the legislative

assembly places a high degree of trust in the hands of those officials whose duty it is, within the

limits of available funds, to plan, develop, operate, maintain, and protect the highway facilities of

this state, for present as well as for future use. To this end, it is the intent of the legislative

assembly to make the director of the department, and the department acting through the

director, custodian of the state highway system and to provide sufficiently broad authority to

enable the director of the department to function adequately and efficiently in all areas of

appropriate jurisdiction with specific details to be determined by reasonable rules and

regulations which may be promulgated by the director, subject to the limitations of the

constitution and the legislative mandate hereinafter imposed.

It is recognized that the efficient management, operation, and control of our county roads,

city streets, and other public thoroughfares are likewise a matter of vital public interest.

Therefore, it is the further intent of the legislative assembly to bestow upon the boards of county

commissioners similar authority with respect to the county road system and to local officials with

respect to the roads under their jurisdiction.

While it is necessary to fix responsibilities for the construction, maintenance, and operation

of the several systems of highways, it is intended that the state of North Dakota shall have an

integrated system of all roads and streets to provide safe and efficient highway transportation

throughout the state. To this end, it is the intent of the legislative assembly to give broad

authority and definite responsibility to the director of the department and to the boards of county

commissioners so that working together, free from political pressure and local interests, they

may provide for the state an integrated system of state and county highways built upon a basis

of sound engineering with full regard to the interest and well-being of the state as a whole.

Providing adequate public highway facilities, including rural and urban links, is hereby

declared to be a proper public use and purpose and the legislative assembly hereby determines

and declares that chapter 177 of the Session Laws of 1953 is necessary for the immediate

preservation of the public peace, health, and safety, for the promotion of the general welfare,

and as a contribution to the national defense.
N.D. Cent. Code § 24-01-44 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-44
24-01-44. Utility facility - Right of way for relocation
Status: in_force

24-01-44. Utility facility - Right of way for relocation

Whenever highway improvements require the relocation of utility facilities, and it is deemed

to be in the best interest of the state, the director or the board of county commissioners may

acquire such right of way as may be required for such relocation, in the manner they are

authorized by law to acquire highway right of way.
N.D. Cent. Code § 24-16-11 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-11
24-16-11. Certain junkyards allowed
Status: in_force

24-16-11. Certain junkyards allowed

Notwithstanding any other provision of this chapter, junkyards, automobile graveyards, and

scrap metal processing facilities may be operated within areas adjacent to highways which are

within one thousand feet [304.8 meters] of the nearest edge of the right of way and which are

zoned under the authority of state law or which are not zoned under the authority of state law,

but are used for industrial activities as determined by the director.
N.D. Cent. Code § 24-02-38 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-38
24-02-38. Additional appropriation for administration expenses
Status: repealed

24-02-38. Additional appropriation for administration expenses

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-07-11 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-11
24-07-11. When notice dispensed with
Status: in_force

24-07-11. When notice dispensed with

When at least seventy percent of the qualified electors who are owners or part owners of

land bordering on any existing or proposed road or highway have signed the original petition

and thereby released all their claims to damages arising from altering, discontinuing, or laying

out such road or highway, it is not necessary to post copies of the petition as provided for in

section 24-07-09, nor to post notices or serve notices as provided for in section 24-07-10,

except that the notices must be served personally or left at the abode of such occupants as may

have failed to sign the petition and whose land borders on the road or highway proposed to be

opened, altered, or discontinued. The general knowledge, and the fact, that seventy percent of

the qualified electors have signed the original petition in compliance with this provision must be

deemed sufficient notice to all concerned and for all intents and purposes.
N.D. Cent. Code § 24-16-07 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-07
24-16-07. Compensation for removal
Status: in_force

24-16-07. Compensation for removal

Owners of junkyards lawfully in existence on December 3, 1965, which are required to be

removed prior to December 3, 1970, by order of the director pursuant to this chapter, must be

paid just compensation for the reasonable damages, if any, suffered by reason of such removal

between the date of removal and December 3, 1970. Just compensation does not include any

relocation or removal costs as specified in section 32-15-22.1; however, costs of removal may

be determined to be an element of compensation within the meaning of this chapter.
N.D. Cent. Code § 24-01-29 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-29
24-01-29. Temporary acquisition of rights of way or easements for detours
Status: in_force

24-01-29. Temporary acquisition of rights of way or easements for detours

The director, by order, and as part of the cost of constructing, reconstructing, or repairing a

state highway or any part thereof, may acquire by gift, permission, purchase, lease, or

condemnation, temporary easements or rights of way for the purpose of providing a temporary

detour at such location as the director designates.
N.D. Cent. Code § 24-06-19 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-19
24-06-19. Expenditure of road taxes
Status: in_force

24-06-19. Expenditure of road taxes

The board of township supervisors shall order the expenditure of all road taxes paid into the

township treasury in the improvement of the highways under such regulations as it may deem

most expedient for the public interests, and for this purpose, shall issue a warrant upon the road

funds of the township upon the certificate of the township overseer that such work has been

performed satisfactorily; provided, however, that not over fifty percent of the township road and

bridge fund, collected within each tax year may be expended upon highways which are a part of

a state or county highway system as designated under the provisions of section 24-01-02,

24-01-05, or 24-05-16, unless such expenditure is specifically authorized by resolution adopted

by a majority of the electors of the township present and voting at any special or annual

township meeting. This limitation also applies to any special road fund as set up under section

57-15-19.2.
N.D. Cent. Code § 24-07-35 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-35
24-07-35. Designation of minimum maintenance road
Status: in_force

24-07-35. Designation of minimum maintenance road

A board having jurisdiction as described in this chapter, and the governing body of a city,

may designate a road under its jurisdiction as a minimum maintenance road in accordance with

sections 24-07-35 through 24-07-37. The designation may be made only if the board or

governing body determines that the road to be so designated is used only occasionally or

intermittently for passenger and commercial travel. Further, the designation cannot be made if

the road is used as a schoolbus route, mail route, or as the only access to any existing

residence. In its action designating the minimum maintenance road, the board or governing

body shall identify the beginning and end of the road. The board or governing body shall notify

each adjoining political subdivision of a designation made under this section. If a road runs

along the boundary of political subdivisions, the designation as a minimum maintenance road is

not applicable unless the board or governing body of each adjoining political subdivision agrees

with the designation.
N.D. Cent. Code § 24-02-03.4 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.4
24-02-03.4. Transfer of motor vehicles
Status: in_force

24-02-03.4. Transfer of motor vehicles

The title or other documents representing ownership of a motor vehicle owned or leased by

the board of higher education and the institutions under its jurisdiction must be transferred to the

director on August 1, 1995.
N.D. Cent. Code § 24-12-06 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-06
24-12-06. Penalty for running tollgate
Status: repealed

24-12-06. Penalty for running tollgate

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 24-06-25 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-25
24-06-25. Work done prior to August first
Status: repealed

24-06-25. Work done prior to August first

Repealed by S.L. 1951, ch. 178, § 5.
N.D. Cent. Code § 24-02-22 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-22
24-02-22. Separate proposals on each type of work
Status: in_force

24-02-22. Separate proposals on each type of work

Whenever any highway improvement involves structural work, dirt grading and traffic

service gravel, graveling, stabilizing and oiling, or concrete surfacing, or any two or more of

them, then wherever practicable and not contrary to any federal law or regulations, separate

proposals and bids must be received on each separate type of work.
N.D. Cent. Code § 24-02-37 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-37
24-02-37. State highway fund - Priorities for expenditure - Use of investment income
Status: in_force

24-02-37. State highway fund - Priorities for expenditure - Use of investment income

The state highway fund, created by law and not otherwise appropriated and allocated, must

be applied and used for the purposes named in this section, as follows:

1. Except for investment income as provided in subsection 3, the fund must be applied in

the following order of priority:

a. The cost of maintaining the state highway system.

b. The cost of construction and reconstruction of highways in the amount necessary

to match, in whatever proportion may be required, federal aid granted to this state

by the United States government for road purposes in North Dakota.

Notwithstanding any other provision of law, the department of transportation may

repay the United States department of transportation for previous related

expenditures from current biennium appropriations to allow the department to

reobligate the federal aid to other federal aid projects.

c. Any portion of the highway fund not allocated as provided in subdivisions a and b

may be expended for the construction of state highways without federal aid or

may be expended in the construction, improvement, or maintenance of such state

highways.

2. All funds heretofore appropriated or hereafter appropriated or transferred to the

department, whether earmarked or designated for special projects or special purposes

or not, must be placed or transferred into a single state highway fund in the office of

the state treasurer and any claims for money expended by the department upon

warrants prepared and issued by the office of management and budget and signed by

the state auditor under this title must be paid out of the state highway fund by the state

treasurer; provided, however, that the commissioner shall keep and maintain complete

and accurate records showing that all expenditures have been made in accordance

with legislative appropriations and authorizations.

3. The state treasurer shall deposit the moneys in the state highway fund in an

interest-bearing account at the Bank of North Dakota. The state treasurer shall deposit

eighty percent of the income derived from the interest-bearing account in a special

interest-bearing account in the state treasury known as the special road fund. The

special road fund may be used, within the limits of legislative appropriation, exclusively

for the construction and maintenance of access roads to and roads within recreational,

tourist, and historical areas as designated by the special road committee. A political

subdivision, tribal government, or state agency may request funds from the special

road fund by applying to the committee on forms designated by the committee. The

committee may require the political subdivision, tribal government, or state agency to

contribute to the cost of the project as a condition of any expenditure authorized from

the special road fund. Any moneys in the fund not obligated by the special road

committee by June thirtieth of each odd-numbered year must be held for an additional

two years after which the funds revert to the state highway fund.
N.D. Cent. Code § 24-07-20 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-20
24-07-20. Notice to overseer of highways
Status: in_force

24-07-20. Notice to overseer of highways

When any highway is to be changed or laid out, the county auditor or clerk of the township,

as the case may be, shall notify the overseer of highways of each district affected and shall

furnish the overseer of highways with a certified copy of the proceedings of the board.
N.D. Cent. Code § 24-03-17 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-17
24-03-17. Testing laboratory
Status: in_force

24-03-17. Testing laboratory

The director has the authority to maintain and develop a testing laboratory to carry out the

requirements of section 24-03-16. The department may, upon request of any division or agency

of government, make available the services and facilities of said testing laboratory, and make a

reasonable charge therefor.
N.D. Cent. Code § 24-01-65 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-65
24-01-65. Specialist 4 Richard W Orsund Vietnam bridge - State highway 18 - Continuing appropriation
Status: in_force

24-01-65. Specialist 4 Richard W. Orsund Vietnam bridge - State highway 18 -

Continuing appropriation.

The department shall designate the bridge on state highway 18 between the junction of

sixty-ninth street northeast and the junction of seventieth street northeast as the Specialist 4

Richard W. Orsund Vietnam bridge and shall place signs along the highway designating that

name. The department may accept any appropriate signs or funds donated to the department

for the placement of signs. Any donated funds are appropriated to the department on a

continuing basis for the purpose of providing signs designating the bridge on state highway 18

as the Specialist 4 Richard W. Orsund Vietnam bridge.
N.D. Cent. Code § 24-01-08.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-08.1
24-01-08.1. Location of signs precluding the cultivation of right of way
Status: in_force

24-01-08.1. Location of signs precluding the cultivation of right of way

All signs erected by the department, after July 1, 1967, which give notice of the prohibition

against the cultivation of the right of way, must be located as near as possible to right-of-way

posts, or natural obstructions. All existing signs of such nature must be relocated according to

the provisions contained in this section, and when requested by the landowner and a more

suitable site can be agreed upon by the landowner and the department.
N.D. Cent. Code § 24-01-15 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-15
24-01-15. Director to designate through highways
Status: in_force

24-01-15. Director to designate through highways

The director, with reference to highways under the director's jurisdiction, may designate as

through highways any state highway or part thereof and erect stop signs or yield signs at

specified entrances thereto where vehicles are not otherwise required by law to stop or yield

right of way.
N.D. Cent. Code § 24-01-09 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-09
24-01-09. Authority to prescribe traffic-control signals
Status: repealed

24-01-09. Authority to prescribe traffic-control signals

Repealed by S.L. 1975, ch. 353, § 4.
N.D. Cent. Code § 24-06-03 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-03
24-06-03. Election required if road machinery costs more than four hundred dollars
Status: repealed

24-06-03. Election required if road machinery costs more than four hundred dollars

Repealed by S.L. 1975, ch. 241, § 1.
N.D. Cent. Code § 24-01-09.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-09.1
24-01-09.1. State highway commissioner to adopt sign manual
Status: repealed

24-01-09.1. State highway commissioner to adopt sign manual

Repealed by S.L. 1975, ch. 353, § 4.
N.D. Cent. Code § 24-02-03.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.1
24-02-03.1. Cooperation of director in matters of national defense
Status: in_force

24-02-03.1. Cooperation of director in matters of national defense

In order to facilitate national defense, the director is hereby authorized to cooperate with the

appropriate federal agency, when requested by it, in:

1. Making of surveys, plans, specifications, and estimates for, and in the construction and

maintenance of, flight strips and of roads and bridges necessary to provide access to

military and naval reservations, defense industries, defense-industry sites, and

sources of raw materials.

2. Acquiring of land necessary for the construction of such flight strips and roads and

bridges by purchase or condemnation in the manner provided by law for the purchase

or condemnation of land required for state highway construction.

3. Replacing existing highways and highway connections shut off from general public use

at military and naval reservations and defense-industry sites.

4. Entering into contracts in any manner approved by the appropriate federal agency for

the construction of any such flight strips or roads.

5. Performing such construction and maintenance work by force account, whether paid

for in whole by federal funds or in part by federal funds and in part by funds provided

by the state or any of its subdivisions.

Provided, that no cooperative venture may be entered into when any funds appropriated by the

legislative assembly for highway purposes are to be expended thereby, unless such expended

funds are to be reimbursed from federal sources.
N.D. Cent. Code § 24-02-48 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-48
24-02-48. Use of department of transportation airplanes
Status: in_force

24-02-48. Use of department of transportation airplanes

Upon request, the department of transportation shall provide air transportation services to

other state agencies. Unless waived by the department, each agency using air transportation

services from the department shall pay a user charge determined by the department of

transportation. The department shall give priority to requests for air transportation services from

the attorney general's office when the request is for law enforcement purposes. The director of

the department of transportation shall allow employees of other state agencies to operate the

department's airplanes for official purposes if the employee is properly licensed and has the

proper rating and type endorsement to operate the requested airplane.
N.D. Cent. Code § 24-02-02 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02
24-02-02. State highway commissioner - Appointment, term, removal, oath, bond, salary
Status: repealed

24-02-02. State highway commissioner - Appointment, term, removal, oath, bond,

salary.

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-05-15 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-15
24-05-15. Appeal does not stay proceedings
Status: in_force

24-05-15. Appeal does not stay proceedings

Notwithstanding the taking of an appeal as provided for in section 24-05-14, the board of

county commissioners may proceed with the use of the property so condemned and is liable for

any additional amount awarded to the appellant upon such appeal.
N.D. Cent. Code § 24-06-26 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-26
24-06-26. Ditches to drain highways - Proceedings to establish
Status: in_force

24-06-26. Ditches to drain highways - Proceedings to establish

Whenever any overseer of highways files with the board of township supervisors or with the

board of county commissioners, as the case may be, the overseer's affidavit stating that a

certain road in the overseer's district runs into or through swamp, bog, meadow, or other

lowland, and that it is necessary or expedient that a ditch should be constructed and maintained

through land belonging to any person, and also stating the probable length of such ditch and the

width and depth of the same as near as may be, the point at which it is to commence, its

general course and the point at or near which it is to terminate, the names of the persons

owning the land, if known, and a description of the land over which such ditch must pass, the

board of township supervisors or board of county commissioners, as the case may be, if the

right to construct and maintain such ditch is not given voluntarily by the person owning the land

over which it is to pass, shall cause proceedings to be instituted in its name under the provisions

of chapter 32-15 to acquire the right to construct and maintain the same.
N.D. Cent. Code § 24-05-11 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-11
24-05-11. Hearing before special board - Notice
Status: in_force

24-05-11. Hearing before special board - Notice

Within fifteen days after the making of an order or the passing of a resolution as provided in

section 24-05-10, the special board therein specified shall fix a time and place not later than

thirty days from and after the passage of said order or resolution for hearing all persons or

parties interested or aggrieved by such taking, and it shall cause notice of said hearing to be

served upon all parties interested either by registered or certified mail or by publication thereof,

once each week for two successive weeks prior to the date of hearing, stating the time and

place where the hearing must be held, together with a description of the property to be

appraised. Such published notice must be in lieu of all other notices, and if notice is given by

registered or certified mail, the same must be served not less than ten days prior to the date of

hearing. Personal service by copy of said notice may be made in lieu of publication or service by

mail when made at least ten days prior to the date of hearing, such personal service to be made

as a summons in district court is served. At the time and place fixed for said hearing, the special

board so organized shall proceed to fix the damages to be paid by the county and any person

interested may be heard.
N.D. Cent. Code § 24-03-18 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-18
24-03-18. Preparation of manuals of methods and procedures
Status: in_force

24-03-18. Preparation of manuals of methods and procedures

The director shall, to the extent practicable, prepare, print, and distribute manuals of

standard and uniform methods for any of the activities, divisions, or work of the department, or

for general road and bridge construction, design, land acquisition, traffic control, maintenance,

marking, and kindred purposes in this state.
N.D. Cent. Code § 24-03-20 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-20
24-03-20. Traffic surveys
Status: in_force

24-03-20. Traffic surveys

The director has the authority to collect, analyze, and interpret all physical and economic

data needed to measure existing and estimated future street and highway traffic characteristics,

such as, origin and destination, volumes, speeds, accidents, congestion, parking, pedestrian

use of streets, and the economic loss caused by inferior traffic facilities, including the

preparation of traffic plans and recommendations.
N.D. Cent. Code § 24-02-42 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-42
24-02-42. Scholarships authorized
Status: in_force

24-02-42. Scholarships authorized

The director is authorized to establish continuing grants of financial aid for study in

undergraduate coursework, which meets the needs and mission of the department, at

institutions of higher learning in this state. Expenditure from highway operating funds is

authorized. No individual may receive financial aid in any year exceeding the tuition of the

institution for which the student is enrolled. The director shall establish the annual expenditure in

the department's budget, which includes individual student financial aid limitations to be

determined by the director dependent on the available funds. Before any student shall receive

the financial aid authorized by this section, the student shall enter into a contract with the

department, which must provide that such student shall upon graduation accept employment

with the department for a period of time at least equal to the time the student received financial

aid benefits, the salary to be in the grade established for the classification assigned. In the event

such student is inducted into the armed forces before graduation, such education may then be

completed upon that student's return to civil life, and in the event such induction into the armed

services is made after graduation the employment contract does not take effect until after such

period of service in the armed forces has been completed. Leave of absence without pay will be

granted to one whose induction occurs during the period of the life of such contract and the

employment will be resumed for the balance of the contract period after such employee has

been discharged from the service.

If such student fails to graduate with a degree, or fails to accept employment with the

department as above provided, such student shall repay the department, with interest at the rate

of six percent per annum, all sums received by the student in financial aid benefits under the

contract herein provided, such repayment to be made within a period equal to the time the

student received such benefits. For the purpose of this section, defenses of minority or statute

of limitations are removed as to any applicant granted a loan by the director and such contracts

are in all respects legal and binding. Salary increases to employees having received financial

aid by virtue of this section must be based on the same considerations as other employees

employed by the department.

The director, with the cooperation and concurrence of the board of higher education, shall

prescribe rules for determining the selection of recipients, qualifications, and courses of study.

Such rules may cover any areas as may be necessary to assure a source of qualified trained

employees for the department.
N.D. Cent. Code § 24-01-37 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-37
24-01-37. Inspection of bridges
Status: in_force

24-01-37. Inspection of bridges

The department, at least every four years, and so far as time and conditions may permit,

shall cause an inspection to be made of all bridges on the state highway system in the state. In

case any bridge on the state highway system is deemed unsafe for public use by the said

department, it forthwith shall take steps to close the same and prevent the use thereof by the

public. In case any bridge on the state highway system is deemed unsafe for loads in excess of

a certain weight, the department forthwith shall post notices on both ends of such bridge stating

that such bridge is unsafe for loads beyond that weight.
N.D. Cent. Code § 24-08-04 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-04
24-08-04. Bridges part of highway
Status: in_force

24-08-04. Bridges part of highway

Bridges erected or maintained by the public constitute a part of the public highway.
N.D. Cent. Code § 24-01-71 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-71
24-01-71. LCDR Carl J Woods Vietnam bridge - State highway 5 - Continuing appropriation
Status: in_force

24-01-71. LCDR. Carl J. Woods Vietnam bridge - State highway 5 - Continuing

appropriation.

The department shall designate the portion of highway on state highway 5 in Bottineau

between the junction of thompson street and the junction of brander street as the LCDR. Carl J.

Woods Vietnam bridge and shall place signs along the highway designating that name. The

department may accept any appropriate signs or funds donated to the department for the

placement of signs. Any donated funds are appropriated to the department on a continuing

basis for the purpose of providing signs designating the portion of highway on state highway 5

as the LCDR. Carl J. Woods Vietnam bridge.
N.D. Cent. Code § 24-02-37.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-37.2
24-02-37.2. Special road committee
Status: in_force

24-02-37.2. Special road committee

The special road committee consists of one member of the senate and one member of the

house of representatives appointed by the chairman of the legislative management, the director

of the game and fish department, the director of the parks and recreation department, and the

director of the department of transportation. The director of the department of transportation is

chairman of the committee. The committee must meet at the call of the director to review

requests for funding from the special road fund. The committee shall decide which project

requests will receive funding. The director shall provide staff services to the committee. The

members of the committee who are members of the legislative assembly are entitled to

compensation from the department of transportation, from moneys appropriated from the

special road fund, for attendance at committee meetings at the rate provided for members of the

legislative assembly for attendance at interim committee meetings and are entitled to

reimbursement for expenses incurred in attending the meetings in the amounts provided by law

for other state officers.
N.D. Cent. Code § 24-02-26 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-26
24-02-26. Controversies to be arbitrated - Arbitrators - How named
Status: in_force

24-02-26. Controversies to be arbitrated - Arbitrators - How named

A controversy arising out of a contract for the construction or repair of a highway entered by

the director must be submitted to arbitration under this chapter and chapter 32-29.2. A person

that voluntarily enters a contract for the construction or repair of a highway is deemed to have

agreed to arbitration of a controversy arising out of that contract. For a claim for less than one

hundred thousand dollars, only one arbitrator may be jointly selected by the parties. For a claim

for one hundred thousand dollars or more, three persons comprise the arbitration board.
N.D. Cent. Code § 24-02-03.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.2
24-02-03.2. Director may protect roads from damage and negotiate settlement for damages
Status: in_force

24-02-03.2. Director may protect roads from damage and negotiate settlement for

damages.

Whenever federally financed construction or maintenance activities are likely to affect any

public road within this state, the director is hereby authorized to take such action as may be

necessary to protect such public road from any damages that may be caused, and to negotiate

with any contractor or any officer or agency of the federal government for the repair of damage

or extraordinary maintenance that may be required on such public road. If the public road

affected is under the jurisdiction of any county, city, or township, the director shall obtain the

concurrence of the appropriate governing board of such county, city, or township before any

agreement is entered into or any other action is taken with respect to such public road.
N.D. Cent. Code § 24-05-02 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-02
24-05-02. Fund - How expended
Status: in_force

24-05-02. Fund - How expended

The county road and bridge fund created by section 24-05-01 may be expended only for

road machinery and for grading, ditching, and surfacing, and implementation of the proposed

county construction program of roads on the county road system.
N.D. Cent. Code § 24-17-03 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-03
24-17-03. Outdoor advertising distance limitations
Status: in_force

24-17-03. Outdoor advertising distance limitations

Subject to this chapter, after January 1, 1968, or any later date established by the Congress

of the United States in relation to 23 U.S.C. 131, or waiver of that date pursuant to title 23 of the

United States Code, no sign may be erected or maintained within six hundred sixty feet [201.17

meters] from the nearest edge of the right of way and visible from the main traveled way of any

highway that is a part of the state highway system in this state except the following:

1. Official signs and notices and directional signs and notices, including signs and notices

pertaining to natural wonders, scenic and historic attractions, and outdoor recreational

areas subject to the national standards to be promulgated by the secretary of

transportation.

2. Signs advertising the sale or lease of property upon which they are located.

3. Signs specifically advertising activities conducted, services rendered, goods sold,

stored, produced, or mined, or the name of the enterprise that is located on property

used for the purpose advertised or on property contiguous to the advertised activity

which is under the same ownership, lease, rent, or control as the property with the

advertised activity.

4. Signs in unzoned commercial or industrial areas, which now or hereafter qualify as

such, pursuant to the agreement between the director and the secretary of

transportation according to 23 U.S.C. 131.

5. Signs relocated by reason of the construction or reconstruction of the state highway

system.

6. Official highway signs within interstate rights of way giving specific information for the

traveling public pursuant to 23 U.S.C. 131(f) and the rules and regulations

promulgated thereunder.

7. Signs calling attention to the location of buried utility lines.

8. Political signs temporarily installed on private property, providing the signs do not

include any form of commercial advertising.
N.D. Cent. Code § 24-07-31 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-31
24-07-31. Nonuse for ten years will vacate highway
Status: in_force

24-07-31. Nonuse for ten years will vacate highway

Any road or part thereof laid out by authority of a board of county commissioners or a board

of township supervisors, and not opened to public use within ten years from the time when it

was laid out, or which thereafter is abandoned and not used for ten years, hereby is declared

vacant.
N.D. Cent. Code § 24-02-03 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03
24-02-03. Responsibilities of commissioner
Status: repealed

24-02-03. Responsibilities of commissioner

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-07-05 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-05
24-07-05. Petition for laying out, altering, or discontinuing roads
Status: in_force

24-07-05. Petition for laying out, altering, or discontinuing roads

The board having jurisdiction as provided in this chapter may alter or discontinue any road

or lay out any new road upon the petition of not less than six qualified electors who have an

ownership interest in real estate in the vicinity of the road to be altered, discontinued, or laid out.

Said petition must set forth in writing a description of the road and what part thereof is to be

altered or discontinued, and if for a new road, the names of the owners of the land, if known,

over which the road is to pass, the point at which it is to commence, its general course, and the

point where it is to terminate.
N.D. Cent. Code § 24-06-17 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-17
24-06-17. Road taxes must be paid in cash
Status: in_force

24-06-17. Road taxes must be paid in cash

All road taxes and assessments upon persons or property must be paid in cash, and the

township clerk, immediately after the board of township supervisors has made the levy of taxes

for road purposes, shall notify the county auditor of the amount of the levy. The county auditor

shall enter the same upon the county tax lists to be collected by the county treasurer in the

same manner as other township taxes are collected. Such taxes, when collected, constitute a

road fund belonging to the township in which it is levied, and must be returned by the county

treasurer to the township treasurer.
N.D. Cent. Code § 24-01-18.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-18.2
24-01-18.2. Sites for customs and immigration - Governor to convey
Status: in_force

24-01-18.2. Sites for customs and immigration - Governor to convey

When the federal government has requested title to any lands acquired by the director

under the provisions of sections 24-01-18.1 and 24-01-18.2 and the director certifies that the

establishment of custom and immigration points of entry thereon will facilitate travel and

promote public convenience or will avoid the need for additional road building, the governor is

authorized to convey to the United States of America such sites as may be required for the

location of such buildings and accessory facilities including means of access thereto.
N.D. Cent. Code § 24-05-06 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-06
24-05-06. Compensation of county surveyor
Status: repealed

24-05-06. Compensation of county surveyor

Repealed by S.L. 1953, ch. 115, § 2.
N.D. Cent. Code § 24-10-05 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-05
24-10-05. County and townships exercise joint authority
Status: in_force

24-10-05. County and townships exercise joint authority

If the cattle guard and gateway provided for in section 24-10-01 are sought to be erected

upon any township or county line, the governing boards of the adjacent territory shall exercise

joint authority and jurisdiction and the proceedings required in section 24-10-02 must be taken

in both jurisdictions.
N.D. Cent. Code § 24-06-07 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-07
24-06-07. Road machinery - Sale, purchase, lease
Status: in_force

24-06-07. Road machinery - Sale, purchase, lease

In townships owning road machinery, the board of township supervisors may make such

disposition of the same as in its discretion is best for the interests of the township, or it may

purchase or lease such machinery as may be necessary.
N.D. Cent. Code § 24-17-05 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-05
24-17-05. Compensation for removal of signs
Status: in_force

24-17-05. Compensation for removal of signs

The director is directed to acquire by purchase, gift, condemnation, or exchange, signs

lawfully erected which do not conform to this chapter or the rules established by the director.

Owners of advertising structures, signs, displays, or devices acquired by the director pursuant to

this section, and the owners of the land upon which such displays are located must be paid just

compensation for the reasonable damages, if any, suffered by the reason of such removal.

Just compensation must be paid upon the removal of any outdoor advertising sign, display,

or device lawfully erected and maintained under state law, provided that federal matching funds

are appropriated, allotted, and made available to this state under title 23, United States Code,

for the purpose of providing just compensation for the removal of such signs, displays, or

devices. A municipality, county or local zoning authority, or political subdivision may not remove

or cause to be removed any advertising structures, except such structures that encroach upon

the right of way, without paying compensation in accordance with this section.
N.D. Cent. Code § 24-03-09 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-09
24-03-09. Warning signs of road construction
Status: in_force

24-03-09. Warning signs of road construction

Whenever the department or any county or township enters into a contract for the

construction and improvement of any road or culvert, or bridge thereon, it, as a condition of such

contract, shall provide therein that the contractor shall place warning signs and devices which

are in conformity with chapter 39-13. When a highway is so marked, the traveler shall proceed

only with great care and diligence, but nothing contained in this section makes any township,

county, or the state liable for the failure of any contractor to erect such warning signs.
N.D. Cent. Code § 24-06-26.3 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-26.3
24-06-26.3. Maintenance of township road ditches by private party - Power of board of township supervisors - Approval - Standards of construction
Status: in_force

24-06-26.3. Maintenance of township road ditches by private party - Power of board of

township supervisors - Approval - Standards of construction.

The board of township supervisors may authorize any private party to maintain, clean, or

shape a ditch along a township road at that party's own expense and in accordance with this

section. In maintaining, cleaning, or shaping a ditch, the private party may not spread any soil or

debris from that ditch along adjoining land without the permission of all parties with an interest in

that land. The ditch may be on a continuous grade from the bottom of the upstream water outlet

to the bottom of the downstream water outlet structure. The grade ratio in that distance must be

a slope that, in light of the soil types and potential for vegetative cover in the ditch, will resist

erosion. In order for any action to be considered maintenance of a ditch in accordance with this

section, the ditch must be entirely contained within the township right of way, must have a

bottom that is not wider than twelve feet [3.66 meters], and may not alter the side slope of the

ditch to a slope steeper than the existing side slope. The board of township supervisors may not

approve private maintenance of a ditch that does not comply with the standards of this section.

If the board of township supervisors denies permission to maintain a ditch under this section,

the petitioner may appeal that decision to the water resource board that has jurisdiction over the

ditch. This section does not relieve any person from compliance with any requirements for a

drainage permit which are required by statute or rule.
N.D. Cent. Code § 24-04-01 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-01
24-04-01. Assent to federal aid given
Status: in_force

24-04-01. Assent to federal aid given

The legislative assent required by section 1 of the Act of Congress approved July 11, 1916,

Public Law No. 156, entitled "An Act to provide that the United States shall aid the states in the

construction of rural post roads, and for other purposes," is hereby given. The director is

authorized and empowered to make all contracts and to do all things necessary to cooperate

with the United States government in the construction of roads under the provisions of the said

Act or other Act of Congress that hereafter may be enacted, including the Federal Aid Highway

Act of 1950 regarding secondary roads.
N.D. Cent. Code § 24-02-46 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-46
24-02-46. Multistate highway transportation agreement
Status: repealed

24-02-46. Multistate highway transportation agreement

Repealed by S.L. 2025, ch. 266, § 1.
N.D. Cent. Code § 24-06-31 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-31
24-06-31. Obstructions in highway
Status: in_force

24-06-31. Obstructions in highway

Each overseer of highways having personal knowledge, or on being notified in writing, of

any obstruction in the highway or public street in the overseer's district immediately shall

remove or cause any such obstruction to be removed. The overseer's district may seek recovery

of costs incurred for the removal of any obstruction from the individual who is responsible for

causing or placing any obstruction in the highway or public street. If the individual responsible is

an adjacent landowner, the removal cost may become a part of the taxes to be levied against

the landowner for the ensuing year to be collected in the same manner as other real estate

taxes are collected.
N.D. Cent. Code § 24-07-26 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-26
24-07-26. Trial in district court
Status: in_force

24-07-26. Trial in district court

Upon an appeal to the district court, the issues must be submitted to a jury unless the

parties otherwise agree, and must be tried as other cases are tried in district court upon appeal.
N.D. Cent. Code § 24-09-11 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-11
24-09-11. Overhead and underground railroad crossings may be required
Status: in_force

24-09-11. Overhead and underground railroad crossings may be required

The commission may require any railroad to construct and maintain overhead or

underground crossings and separate grades when in its opinion the interest and safety of the

public require, and may apportion the costs therefor in such manner as the commission deems

proper, and no overhead or underground crossing, nor separation of grades, may be made

except upon petition therefor to the commission and with the commission's approval.
N.D. Cent. Code § 24-17-07 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-07
24-17-07. Organization of the board
Status: repealed

24-17-07. Organization of the board

Repealed by S.L. 1983, ch. 311, § 10.
N.D. Cent. Code § 24-06-08 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-08
24-06-08. Contracts for township road improvements - Notice - Bids
Status: repealed

24-06-08. Contracts for township road improvements - Notice - Bids

Repealed by S.L. 1953, ch. 181, § 1.
N.D. Cent. Code § 24-05-04 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-04
24-05-04. Contracts to be advertised - Road construction - Requirements for rental contracts
Status: in_force

24-05-04. Contracts to be advertised - Road construction - Requirements for rental

contracts.

1. If a contract for a highway improvement exceeds two hundred thousand dollars, the

board of county commissioners shall seek bids by publishing an advertisement at least

once each week for two consecutive weeks in the official newspaper of the county and

in other newspapers as the board deems advisable. The first publication must be

made at least fifteen days before the day set for the opening of the bids. For any

contract for a highway improvement that exceeds fifty thousand dollars but does not

exceed two hundred thousand dollars, the county, when possible, shall seek quotes

from at least two contractors. If a road is destroyed by a flood or other casualty and the

public interest would suffer by the delay from advertising for bids and awaiting the

contract, the county commissioners may promptly contract for the rebuilding or repair

of the road without advertising for bids, regardless of the cost.

2. Except as provided in section 54-44.4-13, a purchase of county road machinery and

any rental contract or agreement for the use of road machinery and other articles,

except necessary repairs for road machinery, which exceeds the sum of one hundred

thousand dollars must be advertised by publishing an advertisement for bids at least

once each week for two consecutive weeks in the official newspaper of the county and

in any other newspapers as the board deems advisable. The first publication must be

made at least fifteen days before the day set for the opening of the bids. The board of

county commissioners may not enter a rental contract or agreement for the use of road

machinery and other articles for a longer period than twelve months from the date of

the rental contract or agree to pay rental for the use of road machinery and other

articles which would result in the lessor receiving rental at a rate in excess of twenty

percent per year of the cash sale price of the road machinery or other articles. The

cash sale price of the road machinery and other articles must be clearly set forth in

any rental contract for road machinery and other articles and failure to include this data

in any rental contract for the use of road machinery and other articles renders the

rental contract void. A payment made under a void rental contract is recoverable from

the county commissioners making the contract, jointly and severally.

3. Notwithstanding the provisions of this section relating to the duration of rental

contracts, the board of county commissioners may enter lease-purchase agreements

for the road machinery and articles covered by this section if those agreements

provide for the complete performance and full payment of the purchase price of the

machinery or articles within seven years from the date of the execution of the

lease-purchase agreement according to section 44-08-01.1.

4. Notwithstanding the provisions of this section relating to bidding of road machinery, the

board of county commissioners or its designee may purchase used road machinery at

public auction or as surplus property from the office of management and budget.

5. Bids received under this section must be opened and awarded under the procedure

provided in section 48-01.2-07.
N.D. Cent. Code § 24-02-34 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-34
24-02-34. Preparation of standard contract forms
Status: in_force

24-02-34. Preparation of standard contract forms

The director may prepare, adopt, or amend uniform standard forms of contracts, bonds,

estimates and other forms and documents deemed essential for the efficient administration of

highway matters within the department.
N.D. Cent. Code § 24-07-01 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-01
24-07-01. Public roads by prescription
Status: in_force

24-07-01. Public roads by prescription

All public roads and highways within this state which have been or which shall be open and

in use as such, during twenty successive years, hereby are declared to be public roads or

highways and confirmed and established as such whether the same have been laid out,

established, and opened lawfully or not.
N.D. Cent. Code § 24-09-01 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-01
24-09-01. Definitions
Status: repealed

24-09-01. Definitions

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 24-05-13 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-13
24-05-13. Receipt for payment to be recorded if no appeal taken
Status: in_force

24-05-13. Receipt for payment to be recorded if no appeal taken

If no appeal is taken from an award made as provided in section 24-05-11, then at the

expiration of thirty days from the date of the deposit of the amount awarded, the receipt of the

owner of said premises, or of the clerk of the district court, must be recorded in the office of the

recorder of the county in which said real estate is situated, and the title of the land so taken

thereupon must be vested in the county so condemning the same.
N.D. Cent. Code § 24-01-09.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-09.2
24-01-09.2. State highway commissioner to place signs on all state highways
Status: repealed

24-01-09.2. State highway commissioner to place signs on all state highways

Repealed by S.L. 1975, ch. 353, § 4.
N.D. Cent. Code § 24-02-45 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45
24-02-45. Cooperative agreements with counties or cities
Status: in_force

24-02-45. Cooperative agreements with counties or cities

The director may enter an agreement with a county or city for the cooperative or joint

administration of an activity that will enhance the efficiency and effectiveness of the state

highway system. The terms of the agreement supersede sections 24-02-36 and 24-02-37 or any

other state law governing the use of state, county, or city highway funds.
N.D. Cent. Code § 24-08-13 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-13
24-08-13. Liberty memorial bridge
Status: in_force

24-08-13. Liberty memorial bridge

A bridge replacing the bridge between Mandan and Bismarck presently known as the liberty

memorial bridge is designated the liberty memorial bridge upon the completion of the

replacement bridge.
N.D. Cent. Code § 24-01-13 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-13
24-01-13. Enforcement of highway laws - Vehicle size and weight controlled
Status: in_force

24-01-13. Enforcement of highway laws - Vehicle size and weight controlled

The director and each officer and inspector of the department designated by the director

have general police powers with respect to enforcement of all laws pertaining to the use of

motor vehicles and trailers, other than passenger cars and motorcycles, upon the highways,

roads, and streets of this state and may:

1. Classify highways and enforce limitations as to weight and load of vehicles thereon as

provided for under section 39-12-01.

2. Issue special written permits authorizing the operation of oversized or overweight

vehicles as provided for under section 39-12-02.

3. Prohibit the operation or may impose restrictions on vehicular use of highways during

certain seasons of the year as provided for under section 39-12-03.
N.D. Cent. Code § 24-02-31 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-31
24-02-31. Arbitrators shall determine all controversies - May give directions
Status: in_force

24-02-31. Arbitrators shall determine all controversies - May give directions

The arbitrators shall determine all controversies between the parties growing out of the

contract, including the question whether it had been performed at the time claimed by the

contractor and whether the additional work required by the director as specified has been done,

and if not done they shall specify the particulars in which it has not been done, give appropriate

directions with reference thereto, and shall make a proper award for any extra work they find the

contractor entitled to, making such award so far as it is practicable upon the basis of the

contract price, having due regard to what is just and equitable between the parties under the

facts and circumstances of the case.
N.D. Cent. Code § 24-02-25.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-25.1
24-02-25.1. Claims against project - Notice of claim - When filed - Where filed
Status: in_force

24-02-25.1. Claims against project - Notice of claim - When filed - Where filed

Any person who has furnished labor, materials, or supplies on a contract awarded under

section 24-02-23, and who has not been paid in full at the time of final acceptance of the project

by the department, has the right to file a claim against the contractor and the surety furnishing

the performance bond.

Notice of the claim must be given, in writing, to the contractor or the surety furnishing the

performance bond and must provide a clear and concise statement of the labor, materials, and

supplies furnished, to whom it was furnished, and the monetary value thereof. The claim must

bear interest, on each transaction for labor, materials, or supplies, commencing thirty days after

the last transaction. The rate of interest must be the rate provided in section 28-20-34. The

notice of the claim must be made by certified mail postage prepaid, in an envelope addressed to

the contractor at any place the contractor maintains an office or has a residence and posted

within one hundred eighty days from the date on which the person completed the contribution

giving rise to the claim.
N.D. Cent. Code § 24-02-13 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-13
24-02-13. Payment of estimates on contract or deposits in condemnation
Status: in_force

24-02-13. Payment of estimates on contract or deposits in condemnation

Whenever any estimate or allowance for payment, except a final estimate or payment

subsequent to a final estimate, is allowed, or granted, on a contract entered into by the

department, or a deposit is to be made with the clerk of district court in a condemnation

proceeding, and the estimate is vouchered by the department for presentation to the office of

management and budget, instead of submitting the estimate to the contractor or clerk of district

court for certification, the director of the department or the director's authorized designee shall

make the following certificate, in lieu of the certificate otherwise required by law, which must be

printed on the voucher or claim:

Estimate certificate. I hereby certify that the within estimate or claim is just and true, that the

contractor herein named has rendered the services and furnished the material herein

charged, that they are of the value claimed, that no part thereof has been paid, and that the

foregoing estimate or claim is supported by a proper contract and bond on file in the

department or that the purpose of the payment to a clerk of district court is pursuant to law

and for the taking of property by condemnation.

_________________________________________

Director, Department of Transportation

After a certified estimate or deposit with a clerk of district court has been approved for payment

by the director, the same must be presented to the office of management and budget for

payment. The office of management and budget thereupon shall prepare and issue a warrant

therefor signed by the state auditor without submitting the voucher or claim to the office of the

budget for examination and allowance. The foregoing procedure does not apply to the final

estimate or allowance to a contractor, nor to any estimate or allowance subsequent or

supplemental to the final estimate, but the final estimate or supplemental allowance must

conform to the provisions of law relative to the certification and approval of any other claim or

demand; nor does the procedure apply to payments to property owners involved in the taking of

property in any condemnation proceeding.
N.D. Cent. Code § 24-02-04 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-04
24-02-04. Commissioner to devote full time to office
Status: repealed

24-02-04. Commissioner to devote full time to office

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-07-07 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-07
24-07-07. Survey of proposed road - Deviation from petition
Status: in_force

24-07-07. Survey of proposed road - Deviation from petition

Whenever a petition is received by the board having jurisdiction, requiring a new road to be

laid out, said board, when in its judgment circumstances warrant the same, shall employ a

competent surveyor to survey and lay out said road, and such survey must include a line of

levels to be run over the laid out road and a grade line to be established thereon, such grade

line not to be greater than ten percent when completed. In laying out said road the board may

deviate or depart, or may direct a deviation or departure, from the road described in the petition

when it is practicable and less expensive to do so in order to obtain a grade line not exceeding

ten percent. Such surveyor shall prepare a plan and profile of the surveyor's survey and shall

file a copy of the same with the township clerk or the county auditor, as the case may be, and

the board having jurisdiction shall require that such road, when completed, must conform to the

plan and profile of the surveyor as filed with the township clerk or county auditor.
N.D. Cent. Code § 24-01-28 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-28
24-01-28. Vacating highways by director - Sale of property
Status: in_force

24-01-28. Vacating highways by director - Sale of property

The director may vacate any land or part thereof, or rights in land taken or acquired for

highway purposes under the provisions of this title, by executing and recording a deed thereof,

and the vacation revests the title to the land or rights in the persons, their heirs, successors, or

assigns, in whom it was vested at the time of the taking. As oil, gas, and fluid minerals are not a

part of and essential for highway purposes, all such rights heretofore taken, if any, are hereby

vacated and returned to the person or persons in whom the title was vested at the time of

taking, their heirs, administrators, executors, or assigns. Such reconveyance is subject to any

existing contracts or agreements covering the property, and all rights and benefits thereof

accrue to the grantee. The governor, on recommendation of the director, may sell and convey

on behalf of the state the interests of the state in property acquired by purchase under this title

and deemed no longer necessary for the purposes thereof, and the proceeds of the sale so far

as practicable must be credited to the funds from which the purchase was made originally. With

the consent of the persons, their heirs, successors, or assigns in whom the title or rights to the

land were vested at the time of the purchase or acquisition, the director may vacate land

acquired by purchase under this title which is deemed no longer necessary for highway

purposes and which the director has determined that the cost of the sale exceeds the estimated

value of the property, by executing and recording a deed thereof, and the vacation revests the

title to the land or rights in those persons, their heirs, successors, or assigns.
N.D. Cent. Code § 24-01-18.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-18.1
24-01-18.1. Right of way adjacent to customs and immigration
Status: in_force

24-01-18.1. Right of way adjacent to customs and immigration

Whenever the director finds that it will facilitate travel and promote public convenience or

that it will avoid the need for additional road building, the director may procure rights of way and

other interests in land adjacent to established public highways for the location of custom and

immigration buildings to be erected by the federal government. The director is hereby vested

with like power in the acquisition of such lands as the director may have in acquiring rights of

way and land for highway purposes.
N.D. Cent. Code § 24-02-03.6 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.6
24-02-03.6. Board of higher education fleet committee
Status: in_force

24-02-03.6. Board of higher education fleet committee

Expired under S.L. 1995, ch. 260, § 4.
N.D. Cent. Code § 24-01-40 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-40
24-01-40. Right of way for utilities - Granted by director
Status: in_force

24-01-40. Right of way for utilities - Granted by director

The director may grant to any person, who is a resident of this state, or to any corporation

organized under the law of this state, or licensed to do business within this state, the right of

way for the erection of a telephone line or electric line over or upon any state highway or

structure constituting part of such highway or to lay pipes, conduits, or tunnels in, through, or

over any such state highway or structure, or to erect, construct, and maintain any bridge,

conduit, or other crossing in, under, or over such state highway or structure and in accordance

with the rules and regulations therefor.
N.D. Cent. Code § 24-12-01 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-01
24-12-01. Injuries to highways
Status: in_force

24-12-01. Injuries to highways

No person may willfully dig up, remove, displace, break, or otherwise injure or destroy any

public highway, right of way, or bridge, or any rest area, picnic area, or tourist camp, or

improvements thereon, operated in connection with a public highway, or any private way laid out

by authority of law, or any bridge upon such way without first securing permission from the

person or governing body having jurisdiction and control thereof.
N.D. Cent. Code § 24-06-20 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-20
24-06-20. Work on roads to proceed upon levy of taxes
Status: in_force

24-06-20. Work on roads to proceed upon levy of taxes

The officers charged with the duty of expending road taxes may proceed at once, upon the

levy of taxes, with the work upon the roads in their districts and may cause warrants to be

issued in payment thereof in anticipation of the current year's taxes.
N.D. Cent. Code § 24-02-37.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-37.1
24-02-37.1. Special road advisory committee - Special road fund
Status: repealed

24-02-37.1. Special road advisory committee - Special road fund

Repealed by S.L. 1997, ch. 41, § 11.
N.D. Cent. Code § 24-02-19 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-19
24-02-19. Request for bids - How solicited
Status: in_force

24-02-19. Request for bids - How solicited

Any request for bids for construction work or the improvement of any state highway, or any

structure in excess of the amount specified in section 24-02-17, must be advertised by

publication once prior to the opening of such bids, in the official newspaper of the county in

which the project is located. Any other advertisement made by the director may utilize one or

more of the following methods:

1. The publication of the solicitation in a daily newspaper having a general circulation in

the area where the project is located.

2. The publication of the solicitation in commonly recognized trade journals or similar

publications that advertise the solicitation of bids on public work projects.

3. The written solicitation of all qualified contractors appearing on the bidders' list as

maintained by the department of transportation.

When the solicitation is by publication, it must be made at least three weeks prior to the

date of the bid opening. The solicitation must state where the bidder may inspect the plans and

specifications, with whom bids must be filed, and the time and place where bids must be

opened. Such place must be the office of the department.

All requests for bids for the purchase of equipment, materials, and supplies, exclusive of

repairs to equipment and except as provided in section 25-16.2-02 in excess of the sum of

twenty thousand dollars must be advertised in the official newspaper of the county in which the

department district is located. The advertisement must be published once a week for a period of

two successive weeks prior to the opening of such bids.
N.D. Cent. Code § 24-01-48 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-48
24-01-48. Access routes to controlled-access facility
Status: in_force

24-01-48. Access routes to controlled-access facility

Whenever the construction of an interstate, controlled-access highway, results in the

removal from the state highway system, a highway which passes through or approaches within

one mile [1.61 kilometers] of any incorporated municipality, the director may if conditions

warrant, expend state highway funds to the extent of not over twenty-five percent of the cost to

construct access routes on the federal aid secondary county system. Only such access routes

may be constructed as are not over three miles [4.83 kilometers] in length and are necessary to

provide as good or better access from such municipalities to the network of the state highway

system, as existed prior to the construction of such interstate highway.

Such access routes may be constructed from the municipal limits to the interstate highway

or in such other locations as will, in the opinion of the director, comply with the intent of the

provisions of sections 24-01-47 and 24-01-48.
N.D. Cent. Code § 24-02-02.4 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.4
24-02-02.4. Agreement for the construction of the Fargo Moorhead metropolitan area flood risk management project impacting the state highway system
Status: in_force

24-02-02.4. Agreement for the construction of the Fargo Moorhead metropolitan area

flood risk management project impacting the state highway system.

The director may enter an agreement with the metro flood diversion authority regarding the

portion of the construction of the Fargo Moorhead metropolitan area flood risk management

project which will impact the state highway system. The agreement must address the

construction and maintenance of the parts of the project which need to be constructed and

maintained on the state highway system.
N.D. Cent. Code § 24-07-25 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-25
24-07-25. Trial in county court
Status: repealed

24-07-25. Trial in county court

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 24-10-03 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-03
24-10-03. Leaving gates open - Penalty
Status: in_force

24-10-03. Leaving gates open - Penalty

Any person who opens and fails to close promptly any gate provided for in this chapter is

guilty of an infraction.
N.D. Cent. Code § 24-02-45.5 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.5
24-02-45.5. Reimbursable federal electric vehicle infrastructure grants - Agreements with public or private entities for the administration of federal aid programs - Report
Status: in_force

24-02-45.5. Reimbursable federal electric vehicle infrastructure grants - Agreements

with public or private entities for the administration of federal aid programs - Report.

1. Notwithstanding any other provision of law but subject to legislative appropriation, the

director may enter agreements and may accept any federal or nonstate funds for the

administration of reimbursable electric vehicle charging grant programs.

a. The director may enter an agreement with any person for the administration,

approval, and inspection of a project to be constructed by a public or private

entity, or a political subdivision.

b. The cost-share for any project may consist only of federal, public, political

subdivision, or private funding.

c. A political subdivision may not have an ownership interest in an electric vehicle

charging station.

d. Any federal formula funding for reimbursement grants must be at least ten

percent of the cost-share for a project, but may not exceed eighty percent.

e. The director may establish criteria for the grants and determine a reasonable

grant reimbursement cost-share or limit for the project in accordance with federal

aid provisions.

2. In accordance with the federal formula program, the director shall establish criteria for

the consideration of operation and maintenance costs of the electric charging stations

in the grant award.

3. Before July 1, 2024, the department of transportation shall present a report to the

legislative management regarding an update on the deployment and administration of

electric vehicle charging stations.
N.D. Cent. Code § 24-16-08 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-08
24-16-08. Acquisition of lands
Status: in_force

24-16-08. Acquisition of lands

The director may, if the director deems it necessary to carry out the intent of this chapter,

acquire lands used as junkyards by gift, purchase, exchange, or condemnation in fee simple, or

such lesser interest as the director deems necessary, and in the acquisition of said lands by

condemnation, the director shall use the procedure used for acquiring right of way for the

improvement, construction, reconstruction, widening, altering, changing, locating, relocating,

aligning, realigning, or maintaining a state highway.
N.D. Cent. Code § 24-02-01.5 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01.5
24-02-01.5. Department of transportation - Administrative rules
Status: repealed

24-02-01.5. Rules adopted by the agencies whose functions relate to the functions or agencies

created, transferred, or covered by sections 2-05-03, 24-02-01.1 through 24-02-01.5,

subsections 7 and 11 of section 24-01-01.1, sections 24-02-13, 24-16-02, 24-17-02,

subsections 11, 16, and 17 of section 39-01-01, subsection 1 of section 39-16-01, subsection 2

of section 49-17.1-01, subsection 1 of section 54-06-04, subsection 1 of section 54-27-19,

subsection 6 of section 57-40.3-01, subsection 1 of section 57-43.1-01, section 57-43.1-44,

subsection 6 of section 57-43.2-01, and section 57-43.2-37 remain in effect until they are

specifically amended or repealed by the department.
N.D. Cent. Code § 24-07-04 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-04
24-07-04. Jurisdiction of proceedings to open or vacate highway
Status: in_force

24-07-04. Jurisdiction of proceedings to open or vacate highway

Except as otherwise provided in this title, all proceedings for the opening, vacating, or

changing of a highway outside of the limits of an incorporated city, including the acquisition of

right of way when necessary, must be under the charge and in the name of:

1. The board of county commissioners, if the road is in territory not organized into a civil

township.

2. The board of township supervisors of an organized township.

3. The board of county commissioners of each county in case the road is between or in

two or more counties.

4. The board of township supervisors of each organized civil township in which any part

of the road is situated if the road is situated between two civil townships or in more

than one civil township.

5. The board of township supervisors of each organized township and of the board of

county commissioners in case the road is situated partly in an organized township and

partly in an unorganized township.

6. The board of county commissioners in any case arising under subsection 4 when the

boards of township supervisors of the respective civil townships cannot agree or will

not take action on petition so to do.
N.D. Cent. Code § 24-05-04.1 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-04.1
24-05-04.1. County not to lease its equipment for less than cost of operation
Status: in_force

24-05-04.1. County not to lease its equipment for less than cost of operation

No county, city, or township may lease, rent, or enter into a contract or agreement for the

use of any road construction or maintenance equipment belonging to any county, city, or

township on other than county, city, or township roads or projects at a rate which is less than the

current equipment rental rates adopted by the North Dakota department of transportation as

shown in its Standard Specifications for Road and Bridge Construction manual.
N.D. Cent. Code § 24-07-32 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-32
24-07-32. Highways on county and township lines
Status: in_force

24-07-32. Highways on county and township lines

A public highway established on a county or township line, or a public highway laid out

parallel and adjacent to a county or township line, where such line is occupied by a railroad or

other obstruction, must be opened, established, and repaired by the supervisors of the proper

road districts on each side thereof.
N.D. Cent. Code § 24-02-41 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-41
24-02-41. Department revenues to state highway fund
Status: in_force

24-02-41. Department revenues to state highway fund

All revenue in the form of charges, reimbursements, or earnings as hereinafter specified,

accruing to the department or any of its agencies or divisions, must be collected and received

by the director or the director's agent, and deposited with the state treasurer monthly, who shall

credit all such deposits to the state highway fund:

1. Overload fees or charges, permit fees, proceeds from sales, and reimbursements from

other entities.

2. Service fees and charges for furnishing documents, material, information, or

performing work at the request of, or for the convenience of other entities.

3. Income resulting from ownership of rights or properties.

4. Funds collected pursuant to a reciprocal or other agreement, which are in lieu of mile

tax.

5. Other income resulting from authorized activities of the department and the discharge

of its statutory responsibilities.
N.D. Cent. Code § 24-08-12 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-12
24-08-12. Bridge across Yellowstone River in McKenzie County
Status: repealed

24-08-12. Bridge across Yellowstone River in McKenzie County

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 24-07-23 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-23
24-07-23. Appeals - How taken - Notice - Bond
Status: in_force

24-07-23. Appeals - How taken - Notice - Bond

The appeal provided for in section 24-07-22 must be taken by the service and filing of a

notice of appeal and an undertaking for costs. The notice of appeal must specify:

1. The court to which the appeal is taken.

2. Whether the appeal is taken in relation to damages assessed or in relation to the

laying out, altering, or discontinuing, or to the refusal to lay out, alter, or discontinue

any highway.

3. Whether the appeal is taken from the whole of the order of the board or only from a

part thereof, and if from a part only, then what part.

4. The grounds upon which the appeal is taken.

The undertaking must be made in favor of the county or township, as the case may be, and

must be conditioned for the payment of all costs that may arise upon such appeal if the

determination appealed from is affirmed.
N.D. Cent. Code § 24-02-27 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-27
24-02-27. Arbitration demand - District court may appoint arbitrators if parties fail
Status: in_force

24-02-27. Arbitration demand - District court may appoint arbitrators if parties fail

1. Unless a party submits the dispute to the American arbitration association, the

arbitrators must be selected in accordance with this section. The party desiring

arbitration of claims for more than one hundred thousand dollars shall serve a written

demand upon the adverse party. The demand must designate an arbitrator and must

describe and detail all claim items that are submitted to arbitration. The party served

with the demand shall respond in writing within thirty days, and the response must

designate a second arbitrator and must explain the respondent's position concerning

each claim item. If the respondent does not designate the second arbitrator within

thirty days, the claimant may apply to the district court of the judicial district in which

the project, or any part of the project, is located for the appointment of the second

arbitrator. If the two arbitrators do not designate the third arbitrator within thirty days

after the second arbitrator is designated, either party may apply to the district court for

the appointment of the third arbitrator. The proceedings in the district court are

governed by the rules of civil procedure concerning motions.

2. The same procedure applies to the parties for claims involving less than one hundred

thousand dollars, except that the parties jointly shall select the arbitrator after the

demand and response.
N.D. Cent. Code § 24-01-72 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-72
24-01-72. CPL Raymond Porter Korea bridge - State highway 6 - Continuing appropriation
Status: in_force

24-01-72. CPL. Raymond Porter Korea bridge - State highway 6 - Continuing

appropriation.

The department shall designate the bridge on state highway 6 between the junction of

county road one thirty-seven and the junction of fifty-third street as the CPL. Raymond Porter

Korea bridge and shall place signs along the avenue designating that name. The department

may accept any appropriate signs or funds donated to the department for the placement of

signs. Any donated funds are appropriated to the department on a continuing basis for the

purpose of providing signs designating the bridge on state highway 6 as the CPL. Raymond

Porter Korea bridge.
N.D. Cent. Code § 24-01-23 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-23
24-01-23. Appeals from decision of board of county commissioners - Procedure - Special term of court
Status: in_force

24-01-23. Appeals from decision of board of county commissioners - Procedure -

Special term of court.

Any party aggrieved by the proceedings of the director in the taking of land or materials, or

by the estimate of damages and the award of the board of county commissioners has the

remedies provided in this title for appeal from any determination of a board of county

commissioners in the taking of land for highway purposes. Service of a written or printed notice

of such appeal must be made upon the chairman of the board of county commissioners and the

director. An appeal from the award by the board of county commissioners, without filing a cost

bond, may be taken by the director, by service of notice of appeal upon the chairman of the

board of county commissioners and the owner of the property, in the manner provided by law for

the service of a summons in a civil action. Upon any appeal, the director, on application to the

judge of the district court, must be granted a special term of court, in the manner provided in

cases of eminent domain in chapter 32-15.
N.D. Cent. Code § 24-06-13 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-13
24-06-13. Townships composed of more than one congressional township - Expenditure of road taxes
Status: in_force

24-06-13. Townships composed of more than one congressional township -

Expenditure of road taxes.

Where more than one congressional township is included within a civil township, the road

taxes raised within the limits of each congressional township must be expended within such

congressional township, unless raised to be expended outside of such civil township.
N.D. Cent. Code § 24-10-02 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-02
24-10-02. Cattle guards - Construction - Maintenance - Effect
Status: in_force

24-10-02. Cattle guards - Construction - Maintenance - Effect

Before any cattle guard and gateway may be erected across any highway or section line as

authorized in section 24-10-01, the board of county commissioners or board of township

supervisors, as the case may be, shall approve written specifications of the cattle guard and

gateway. Specifications approved by the board of county commissioners must be filed with the

county auditor and specifications approved by the board of township supervisors must be filed

with the township clerk. The specifications must include requirements for warning signs to be

placed approximately three hundred feet [91.44 meters] from and plainly visible to persons

approaching the cattle guard upon the highway or section line. A cattle guard must be so

constructed as to permit the passage of motor vehicles through and over the same. No cattle

guard may be erected upon any highway or section line unless there also is provided adjacent

thereto an ample gateway in which must be erected a gate which may be opened easily and

closed by the public. The person who applied for permission to erect the cattle guard shall

maintain the cattle guard and gateway, unless application is otherwise assigned. Within the

limits of an enclosure so completed by authorized cattle guards erected in accordance with such

specifications, livestock must be permitted to run at large without liability for being upon the

highway or section line.
N.D. Cent. Code § 24-02-02.5 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.5
24-02-02.5. Rest area cooperative agreement
Status: in_force

24-02-02.5. Rest area cooperative agreement

Notwithstanding any other provision of law, the director may enter a cooperative agreement

with the Theodore Roosevelt national park painted canyon visitor center for the joint

administration and operation of a rest area facility for use by the traveling public. The director

may expend moneys from the state highway fund within the limits of legislative appropriations

for administration and operational support of the rest area facility.