N.D. Cent. Code § 24-01-41 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-41
24-01-41. Relocation of utility facilities
Status: in_force

24-01-41. Relocation of utility facilities

1. Whenever the director determines and orders that any utility facility which now is, or

hereafter may be, located in, over, along, or under the national system of interstate

and defense highways, or urban extension thereof, qualifying for federal aid should be

changed, removed, or relocated to accommodate the construction of a project on the

national system of interstate and defense highways, including extensions thereof

within urban areas, the utility owning or operating such facility shall change, relocate,

or remove the same in accordance with the order of the director; provided that the

costs of the change, relocation, or removal, including the costs of installing such

facilities in a new location, must be ascertained and paid to the affected utility by the

state out of state highway funds as part of the cost of such federally aided project,

unless such payment would violate a legal contract between the utility and the state.

2. As used in this section, the term "utility" includes all cooperatively, municipally, publicly,

or privately owned utilities, for supplying water, sewer, light, gas, power, telegraph,

telephone, transit, pipeline, or like service to the public or any part thereof. "Cost of

change, relocation, or removal" includes the entire cost incurred by such utility properly

attributable to such change, relocation, or removal after deducting therefrom any

increase in the value of the new facility and any salvage value derived from the old

facility.

3. The department, in cooperation with utilities, shall develop or adopt procedures for

administration of utility facility relocation. The procedures must comply with federal law.

At a minimum, the procedures must address notification, coordination, billing, and

payment. The department shall coordinate with utilities that are affected by the

construction project as early as possible in the project development process.

4. The department shall coordinate utility facility relocations with the affected utility in an

effort to minimize cost associated with utility facility relocations.

5. When a utility facility needs to be relocated, the department shall enter an agreement

with the utility indicating if the utility facility relocation work is eligible for

reimbursement, the estimated cost for the work, the anticipated construction schedule,

and the location of the work.

6. This section does not affect in any way the right of any utility to receive just

compensation for the expense of changing, removing, or relocating its facilities located

in a private right of way.
N.D. Cent. Code § 24-06-33 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-33
24-06-33. Method of construction of highway ditches
Status: repealed

24-06-33. Method of construction of highway ditches

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 24-05-04.2 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-04.2
24-05-04.2. Contracts to be advertised - Road construction
Status: repealed

24-05-04.2. Contracts to be advertised - Road construction

Repealed by S.L. 2017, ch. 204, § 3.
N.D. Cent. Code § 24-01-64 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-64
24-01-64. Trooper Beryl McLane memorial highway - State highway 13 - Continuing appropriation
Status: in_force

24-01-64. Trooper Beryl McLane memorial highway - State highway 13 - Continuing

appropriation.

The department shall designate state highway 13 from Edgeley to LaMoure as the Trooper

Beryl McLane 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 13 as the Trooper

Beryl McLane memorial highway.
N.D. Cent. Code § 24-02-24 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-24
24-02-24. Participating county or municipality to be notified of opening of bids
Status: in_force

24-02-24. Participating county or municipality to be notified of opening of bids

In the event that any county or municipality participates in and defrays the cost, or part of

the cost, of any improvement to be made by the department, the director shall notify the board

of county commissioners of the county so interested, or the proper city officials of any

municipality, of the time set for opening bids.
N.D. Cent. Code § 24-02-05 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-05
24-02-05. Office hours, sessions, and hearings of commissioner
Status: repealed

24-02-05. Office hours, sessions, and hearings of commissioner

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-01-04.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-04.1
24-01-04.1. Metropolitan planning organizations
Status: in_force

24-01-04.1. Metropolitan planning organizations

Metropolitan planning organizations shall develop, in cooperation with the state and public

transit operators, transportation plans and programs for metropolitan areas which encourage

and promote the safe and efficient management, operation, and development of surface

transportation systems that will serve the mobility needs of people and freight and foster

economic growth and development within and through urbanized areas of this state while

minimizing transportation-related fuel consumption, air pollution, and greenhouse gas

emissions. The plans and programs for each metropolitan area must provide for the

development and integrated management and operation of transportation systems and facilities,

including pedestrian walkways and bicycle transportation facilities that will function as an

intermodal transportation system for the metropolitan area. A metropolitan planning organization

is a political subdivision for purposes of chapter 54-52.
N.D. Cent. Code § 24-03-01 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-01
24-03-01. Preparation and adoption of standard plans and specifications
Status: in_force

24-03-01. Preparation and adoption of standard plans and specifications

The director shall prepare and adopt uniform standard plans and specifications for the

establishment, construction, and maintenance of the state highways and bridges within this

state. Such plans and specifications may be amended, from time to time, as the director deems

advisable.
N.D. Cent. Code § 24-16-04 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-04
24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement
Status: in_force

24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement

Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened

by natural objects, plantings, fences, or other appropriate means so as not to be visible from the

main traveled way of the state highway system must be allowed to remain within one thousand

feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided,

however, that the owners of the junkyards which are not effectively screened shall take all the

steps ordered by the commissioner to effectively screen them. When ordered by the director to

screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully

reimbursed for the costs expended pursuant to the director's order and design. Should the

director determine that the effective screening of any junkyard could best be done by state

forces or by an independent contractor, the director may use state forces or may let a contract

for the screening in the same manner that contracts are let pursuant to this title for construction

and reconstruction of the state highway system and the director has the right to enter upon

private property for the purpose of screening said junkyards without liability on the director's

part.
N.D. Cent. Code § 24-01-60 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-60
24-01-60. North Dakota's shortest highway - State highway 91 - Continuing appropriation
Status: in_force

24-01-60. North Dakota's shortest highway - State highway 91 - Continuing

appropriation.

The department shall designate state highway 91 from the junction of United States

highway 52 and state highway 91 to the junction of state highway 91 and state highway 3 as

North Dakota's shortest 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 91 as North

Dakota's shortest highway.
N.D. Cent. Code § 24-02-45.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.3
24-02-45.3. Cooperative agreements - Federal transportation-related aid and safety and mobility
Status: in_force

24-02-45.3. Cooperative agreements - Federal transportation-related aid and safety

and mobility.

The director may enter into cooperative agreements with any transferee under section

54-27-19 or any federal agency operating a national park and may expend highway fund

moneys pursuant to legislative appropriations to match federal funds for the purposes of

providing assistance with the assessment, design, and construction of projects to improve the

safety and mobility of people or goods in the state.
N.D. Cent. Code § 24-06-26.2 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-26.2
24-06-26.2. Maintenance of township road ditches - Limited duty
Status: in_force

24-06-26.2. Maintenance of township road ditches - Limited duty

The party with an interest in land adjacent to a township road is not responsible for

maintaining that ditch unless improper conservation practices on that party's adjoining land have

led to unreasonable wind and water erosion, not commonly experienced in the locality, which

resulted in conditions adversely affecting the ditch. On the occurrence of such improper

conservation practices, the board of township supervisors may require the adjoining party with

an interest in the land to clean the ditch at that party's expense. If that party fails to clean the

ditch, the procedures applicable to the duty to cut weeds under chapter 63-05 apply with respect

to the cleaning of the ditch.
N.D. Cent. Code § 24-17-10 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-10
24-17-10. Rules
Status: in_force

24-17-10. Rules

The director may adopt the rules necessary to accomplish the purpose of this chapter and

to comply with 23 U.S.C. 131, pursuant to chapter 28-32.
N.D. Cent. Code § 24-02-02.6 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.6
24-02-02.6. Reciprocal inspection agreements for fabricated products and materials
Status: in_force

24-02-02.6. Reciprocal inspection agreements for fabricated products and materials

The director may contract with adjoining states and provinces to request or to provide

inspection and testing of fabricated products or materials needed for highway construction.
N.D. Cent. Code § 24-09-01.1 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-01.1
24-09-01.1. Standard railroad crossing warning systems - Survey for additional warning systems
Status: in_force

24-09-01.1. Standard railroad crossing warning systems - Survey for additional

warning systems.

The standard warning system at each public highway-railroad grade crossing must be

railroad crossbucks and advance warning signs designed and located pursuant to section
N.D. Cent. Code § 24-07-36 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-36
24-07-36. Required signs on minimum maintenance roads
Status: in_force

24-07-36. Required signs on minimum maintenance roads

The body making a designation of a minimum maintenance road shall post signs at the

beginning of the road and at regular intervals along the road. The signs must conform to

standards adopted by the director by rule. If the signs are properly posted, that fact is prima

facie evidence that adequate notice of the road's status as a minimum maintenance road has

been given to the public.
N.D. Cent. Code § 24-02-07.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-07.3
24-02-07.3. Prequalification, selection, and contracting for consultants - Solicitations
Status: in_force

24-02-07.3. Prequalification, selection, and contracting for consultants - Solicitations

1. The director may prequalify, select, and contract for consultants in the area of

engineering, land surveying, architecture, traffic safety, business administration, and

related matters. The prequalification of the consultant must be based on detailed

information regarding firm organization, qualifications of personnel, type of work the

firm is qualified to perform, previous work experience, and financial status and must be

provided to the director in a form approved by the director. If a consultant meets the

criteria set by the director, the director shall prequalify the consultant, noting any

limitations as to the type or amount of the work the consultant may perform. When a

consultant is prequalified, the consultant is entitled to receive requests for proposals,

proposals, and other solicitations for work in the areas in which the consultant is

prequalified without any other screening or qualification process. The period of

prequalification may not exceed three years. The qualifications of the consultant for a

specific project must be determined according to the criteria in subsection 5 of section
N.D. Cent. Code § 24-06-24 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-24
24-06-24. Compensation for road work when not fixed
Status: repealed

24-06-24. Compensation for road work when not fixed

Repealed by S.L. 1951, ch. 178, § 5.
N.D. Cent. Code § 24-07-33 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-33
24-07-33. Public lands - Damages
Status: in_force

24-07-33. Public lands - Damages

When any person acquires the title to government land over which any road has been or

hereafter may be laid out, subsequent to the laying out of such road, the person so acquiring

such title, within three months after the receipt of the person's patent therefor, shall assert the

person's claim for damages in the manner provided in this chapter in case of locating highways,

and such roads must remain and be public highways, but the person's damages, if any, must be

paid, and in case of a failure to assert the person's claim for damages within the time aforesaid,

the person thereafter is barred from asserting such claim.
N.D. Cent. Code § 24-07-28 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-28
24-07-28. Judgment - Copy filed
Status: in_force

24-07-28. Judgment - Copy filed

When judgment has been entered upon an appeal taken as provided in this chapter, the

clerk of the district court shall file with the county auditor or clerk of the township a certified copy

of the judgment.
N.D. Cent. Code § 24-06-18 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-18
24-06-18. Road taxes to be paid to local subdivisions
Status: repealed

24-06-18. Road taxes to be paid to local subdivisions

Repealed by S.L. 1953, ch. 179, § 2.
N.D. Cent. Code § 24-06-32 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-32
24-06-32. Penalty for refusal to serve as road overseer
Status: repealed

24-06-32. Penalty for refusal to serve as road overseer

Repealed by S.L. 1949, ch. 193, § 1.
N.D. Cent. Code § 24-02-18 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-18
24-02-18. Reconstruction work without letting contract
Status: in_force

24-02-18. Reconstruction work without letting contract

The department may, if in the opinion of the director, the public interest and the preservation

of the state highways from deterioration requires it, do the work necessary for minor grading

reconstruction on any state highway without letting a contract for such reconstruction work, or

the director may contract with the county in which any such reconstruction project is located, to

perform such reconstruction work on a cost basis. Any such reconstruction projects may include

any project that is eligible for federal aid. Any funds available for highway reconstruction

purposes may be expended in carrying out the provisions of this section.
N.D. Cent. Code § 24-17-03.1 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-03.1
24-17-03.1. Outdoor advertising beyond distance limitations
Status: in_force

24-17-03.1. Outdoor advertising beyond distance limitations

Subject to the provisions of this chapter, no sign may, after July 1, 1977, be erected or

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

way, located outside of urban areas, visible from the main traveled way of the highway system,

and erected with the purpose of their message being read from such main traveled way except

the following:

1. Directional and official signs and notices, which signs and notices shall include, but not

be limited to, signs and notices pertaining to natural wonders, scenic, and historical

attractions which are required or authorized by law.

2. Signs, displays, and devices advertising the sale or lease of property upon which they

are located.

3. Signs, displays, and devices advertising activities conducted on the property on which

they are located.
N.D. Cent. Code § 24-07-37 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-37
24-07-37. Limitations on designation of minimum maintenance roads
Status: in_force

24-07-37. Limitations on designation of minimum maintenance roads

A road is not eligible for designation as a minimum maintenance road if federal highway aid

to this state would be reduced as a result of that designation. A road is not eligible for that

designation if additional right of way or easement by eminent domain is required for constructing

or designating the road as a minimum maintenance road, unless the consent of the landowner

is given or the designation is necessary for drainage or public safety.
N.D. Cent. Code § 24-17-04 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-04
24-17-04. Removal of signs
Status: repealed

24-17-04. Removal of signs

Repealed by S.L. 1983, ch. 311, § 10.
N.D. Cent. Code § 24-02-15 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-15
24-02-15. Action against employee of department on bond
Status: in_force

24-02-15. Action against employee of department on bond

The state, and civil government divisions thereof, and any person damaged by any wrongful

act or omission of any bonded employee of the department in the performance of the

employee's official duties may maintain an action on the employee's bond for the recovery of

damages so sustained.
N.D. Cent. Code § 24-18-04 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-04
24-18-04. Conditional approval for interstate highway system within North Dakota
Status: in_force

24-18-04. Conditional approval for interstate highway system within North Dakota

The department may include the interstate highway system within the state as part of the

primary foundation network if approved through passage of legislation by the Congress of the

United States.
N.D. Cent. Code § 24-03-12 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-12
24-03-12. Authority to acquire equipment
Status: in_force

24-03-12. Authority to acquire equipment

The office of management and budget, acting as a central purchasing agency of the state,

has authority to purchase, lease, or acquire all road material, road machinery, tools, equipment,

and supplies necessary for use in constructing, maintaining, controlling, and administering the

state highway system. However, the office of management and budget may delegate such

authority to the director, and in such instances the director has the authority to purchase, lease,

or acquire, as the director deems necessary, all road material, road machinery, tools,

equipment, and supplies necessary for the construction, maintenance, and control of the state

highway system.
N.D. Cent. Code § 24-08-02 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-02
24-08-02. Expense of bridge - How paid
Status: in_force

24-08-02. Expense of bridge - How paid

The expense of constructing a bridge built as provided in section 24-08-01 must be paid out

of the county bridge fund, if such bridge is accepted and approved by the board of county

commissioners.
N.D. Cent. Code § 24-01-05 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-05
24-01-05. Designation of county system - Removal from state highway system
Status: in_force

24-01-05. Designation of county system - Removal from state highway system

The director may designate, from time to time, those roads selected under section

24-05-16, as the county highway system not exceeding twenty-two thousand five hundred miles

[36210.24 kilometers] in length on which federal aid funds must be expended as may be

provided by such appropriations. In designating such system, the director may remove from the

state highway system those parts which are low in standard of improvement and type of traffic

service and which will be released from maintenance agreement or agreements with the federal

government. No mileage on the state highway system may be placed on the county road

system without the consent of the board of county commissioners of the county in which the

road lies. The director may enter into an agreement with the board of county commissioners of

any county providing for the transfer of highways from the state highway system to the county

road system of such county.
N.D. Cent. Code § 24-15-02 — ND Code / Title 24 / Chapter 24-15 / Section 24-15-02
24-15-02. Authority to establish roadblocks
Status: in_force

24-15-02. Authority to establish roadblocks

The duly authorized law enforcement officers are hereby authorized to establish in their

respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks upon the

highways, roads, and streets of this state for the purpose of apprehending persons wanted for

violation of the laws of this state, or of any other state, or of the United States of America, and

using the highways, roads, or streets of this state for the purpose of escape.
N.D. Cent. Code § 24-09-09 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-09
24-09-09. Warning devices must be approved by department of transportation
Status: in_force

24-09-09. Warning devices must be approved by department of transportation

The department, so far as practicable, shall secure uniformity in the devices used to protect

grade crossings. No such devices may be installed until the same have been approved by the

department. Except for devices prescribed under section 24-09-08, all devices installed, which

conflict with the devices approved by the department, either in their design or method of

operation, so as to create a hazardous condition to travel at such crossing, must be modified

immediately by the railway company controlling the same so as to conform to those approved

by the department.
N.D. Cent. Code § 24-02-35.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-35.1
24-02-35.1. Casual sale of road materials to local governmental units
Status: in_force

24-02-35.1. Casual sale of road materials to local governmental units

The department may sell road materials in small quantities on an occasional basis to local

governmental units, when the local governmental units are unable to economically procure

those quantities of road materials from the private sector.
N.D. Cent. Code § 24-16-03 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-03
24-16-03. Establishment of junkyards and automobile graveyards - Limitation
Status: in_force

24-16-03. Establishment of junkyards and automobile graveyards - Limitation

No junkyards, automobile graveyards, or scrap metal processing facilities may be

established and maintained within one thousand feet [304.8 meters] of the nearest edge of the

right of way of a highway on the state highway system unless permission has been granted by

the director. Junkyards established in violation of this chapter are hereby declared to be a public

nuisance and the director may enter upon private property for the purpose of abating such

nuisances without liability for such action.
N.D. Cent. Code § 24-02-07 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-07
24-02-07. Expenses of department employees
Status: in_force

24-02-07. Expenses of department employees

In addition to the compensation received for their service, employees of the department are

entitled to receive their expenses actually and necessarily incurred in the performance of their

duties, the amount of the expenses so allowed to be fixed and determined by the director.
N.D. Cent. Code § 24-07-10 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-10
24-07-10. Notice to all parties to be given - What deemed to be notices
Status: in_force

24-07-10. Notice to all parties to be given - What deemed to be notices

Within thirty days after the board having jurisdiction receives a petition in compliance with

provisions of this chapter for laying out, altering, or discontinuing any highway, it shall make out

a notice and fix therein a time and place at which it will meet and decide upon such application,

and the applicant, ten days previous to the time so fixed, shall cause such notice to be given to

all occupants of the land through which such highway may pass. Such notice must be served

personally or by copy left at the abode of such occupant. The board also shall cause copies of

such notice to be posted in three public places in said county or township at least ten days

previous to such meeting. Every such notice must specify, as nearly as practicable, the highway

proposed to be laid out, altered, or discontinued, and the tract of land through which the same

may pass.
N.D. Cent. Code § 24-18-03 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-03
24-18-03. Advisory committee
Status: in_force

24-18-03. Advisory committee

1. The advisory committee must be chaired by the director of the department of

transportation or a designee of the director and must consist of a representative

appointed by:

a. The greater North Dakota chamber;

b. The North Dakota association of counties;

c. The agriculture commissioner;

d. The commerce commissioner;

e. The superintendent of the highway patrol;

f. The North Dakota motor carriers association;

g. The North Dakota league of cities; and

h. Representatives of short line railroads operating in this state.

2. The committee may be augmented by the department as deemed necessary in

consultation with the advisory committee.
N.D. Cent. Code § 24-02-28 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-28
24-02-28. Procedure for arbitration
Status: in_force

24-02-28. Procedure for arbitration

After a board of arbitration has been appointed, a submission in writing must be executed

as provided in section 32-29.3-06, but the submission must provide for the entry of judgment

upon the award by the district court of the county in which the improvement, or some part

thereof, involved in the contract is located. The county must be specified in the submission. The

submission must be executed by the director. After submission of the arbitration agreement, the

arbitration must proceed in accordance with the provisions of chapter 32-29.3, unless a party

submits the dispute to arbitration in accordance with the construction industry arbitration rules of

the American arbitration association. If the rules of the American arbitration association conflict

with North Dakota law, North Dakota law governs. The decision of the arbitrators must be in

writing and must state the basis for the decision.
N.D. Cent. Code § 24-02-26.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-26.1
24-02-26.1. Condition precedent to contractor demand for highway construction arbitration - Claims for extra compensation
Status: in_force

24-02-26.1. Condition precedent to contractor demand for highway construction

arbitration - Claims for extra compensation.

In addition to the provisions of section 24-02-30, full compliance by a contractor with the

provisions of this section is a condition precedent to the contractor's right to demand arbitration.

If the contractor believes the contractor is entitled to additional compensation for work or

materials not covered in the contract or not ordered by the engineer as extra work or force

account work in accordance with the contract specifications, the contractor shall, prior to

beginning the work which the claim will be based upon, notify the engineer in writing of the

intent to make claim for additional compensation. If the basis for the claim does not become

apparent until the contractor has commenced work on the project and it is not feasible to stop

the work, the contractor shall immediately notify the engineer that the work is continuing and

that written notification of the intent to make claim will be submitted within ten calendar days.

Failure of the contractor to give the notification required and to afford the engineer facilities and

assistance in keeping strict account of actual costs will constitute a waiver of claim for additional

compensation in connection with the work already performed. Notification of a claim, and the

fact that the engineer has kept account of the costs involved, may not be construed as proving

or substantiating the validity or actual value of the claim.

A contractor submitting a claim for compensation under this section, personally or on behalf

of another person or entity, must do so in writing, not later than ninety days after the department

has submitted the final estimate to the contractor. The claim must state the monetary amount of

the claim, the reason for the claim, when the loss was incurred, and a short statement of the

factual situation under which the claim arose. The claim must be made under oath or equivalent

affirmation.

The director shall act on claims of less than three million dollars within sixty days after the

claim is served upon the director. The director shall act on claims of three million dollars or more

within one hundred eighty days after the claim is served upon the director. The contractor and

the director may negotiate a supplemental agreement for the claim items that are accepted by

the director, and the director shall immediately pay the contractor for any additional

compensation resulting from the supplemental agreement. The contractor may demand

arbitration on the remaining claim items within ninety days after the contractor has been notified

of the director's action on the claim.

The contractor shall make available to the department and allow the department to examine

and copy all of the contractor's records, documents, worksheets, and other data which are

pertinent to the justification of the claim and to the substantiation of all costs related to the claim.

The department shall also make available to the contractor all of the department's records,

documents, worksheets, and other data which are pertinent to the department's response to the

claim.
N.D. Cent. Code § 24-02-02.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.3
24-02-02.3. Director may enter agreements with tribal governments
Status: in_force

24-02-02.3. Director may enter agreements with tribal governments

Notwithstanding the provisions of chapter 54-40.2, the director may enter agreements with

any one or more tribal governments for the purpose of construction and maintenance of

highways, streets, roads, and bridges on the state highway system or for federally funded safety

improvement projects on tribal-owned highways, streets, roads, and bridges.
N.D. Cent. Code § 24-03-11 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-11
24-03-11. Penalty for failure to erect warning signs
Status: in_force

24-03-11. Penalty for failure to erect warning signs

Any person in charge of any work or repairs on any public road, culvert, or bridge who fails

or neglects to erect and maintain suitable warning signs as provided in sections 24-03-09 and

24-03-10 is guilty of a class B misdemeanor.
N.D. Cent. Code § 24-01-56 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-56
24-01-56. Veterans memorial highway - State highway 22 - Continuing appropriation
Status: in_force

24-01-56. Veterans memorial highway - State highway 22 - Continuing appropriation

The department shall designate state highway 22 from the South Dakota border to the

junction of state highway 22 and state highway 23 as the veterans 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 22 as the veterans memorial highway.
N.D. Cent. Code § 24-08-09 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-09
24-08-09. Cost of bridge limited
Status: repealed

24-08-09. Cost of bridge limited

Repealed by S.L. 2023, ch. 270, § 4.
N.D. Cent. Code § 24-01-73 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-73
24-01-73. North Dakota fallen peace officers memorial highway - State highway 200 - Continuing appropriation
Status: in_force

24-01-73. North Dakota fallen peace officers memorial highway - State highway 200 -

Continuing appropriation.

1. The department shall designate state highway 200 from the Minnesota border to the

Montana border as the North Dakota fallen peace officers memorial highway and shall

place signs along the highway designating that name.

2. The department shall consult with the family and associates of North Dakota peace

officers and law enforcement officers, and handlers and owners of canine officers,

killed in the line of duty, to designate up to one mile of state highway 200 to

memorialize an individual peace officer, law enforcement officer, or canine officer.

3. 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 200 as

the North Dakota fallen peace officers memorial highway.
N.D. Cent. Code § 24-07-16 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-16
24-07-16. Damages - How ascertained
Status: in_force

24-07-16. Damages - How ascertained

The damages sustained by reason of laying out, altering, or discontinuing any road may be

ascertained by the agreement of the owners and the board of county commissioners or the

board of township supervisors, as the case may be, and unless such agreement is made, or the

owners in writing shall release all claim to damages, the same must be assessed in the manner

herein prescribed before the road is opened, worked, or used. Every agreement and release

must be filed in the township clerk's office, when with a township, and in the county auditor's

office, when with a county, and precludes such owners of land forever from all further claim for

damages. In case the board and the owners of land claiming damages cannot agree, or if the

owner of any land through which any highway shall be laid out, altered, or discontinued, is

unknown, the board in its award of damages shall specify the amount of damages awarded to

each such owner, giving a brief description of such parcel of land in the award. The board

having jurisdiction shall assess the damages at what it deems just and right to each individual

claimant with whom it cannot agree. The board of township supervisors shall deposit a

statement of the amount of damages assessed with the township clerk, and the board of county

commissioners shall deposit the same with the county auditor. The auditor or clerk shall note the

time of filing the same. The board in assessing damages shall estimate the advantages and

benefits the new road or alteration of an old one will confer on the claimant for the same as well

as the disadvantages. Any person living on land belonging to the United States who has made

that person's declaratory statement for the same in the proper land office, for all the purposes of

this chapter, must be considered the owner of such lands.
N.D. Cent. Code § 24-01-45 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-45
24-01-45. Controlled-access facility - Commercial establishments prohibited
Status: in_force

24-01-45. Controlled-access facility - Commercial establishments prohibited

No automotive service station or other commercial establishment for serving motor vehicle

users may be constructed or located within the right of way of, or on publicly owned or publicly

leased land acquired or used for or in connection with, a controlled-access facility.
N.D. Cent. Code § 24-15-03 — ND Code / Title 24 / Chapter 24-15 / Section 24-15-03
24-15-03. Minimum requirements
Status: in_force

24-15-03. Minimum requirements

For the purpose of warning and protecting the traveling public, the minimum requirements to

be met by such officers establishing temporary roadblocks are:

1. The temporary roadblock must be established at a point on the highway clearly visible

at a distance of not less than three hundred feet [91.44 meters] in either direction.

2. At a point of the temporary roadblock, at least one red light must be placed at the point

of the temporary roadblock which must display an intermittent or flashing beam of light,

clearly visible to the oncoming traffic at a distance of not less than three hundred feet

[91.44 meters] under normal atmospheric conditions. The intermittent or flashing beam

of light may be provided by lighting which is part of the equipment of a class A

authorized emergency vehicle.
N.D. Cent. Code § 24-07-29 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-29
24-07-29. Costs of appeal
Status: in_force

24-07-29. Costs of appeal

If the determination of the board appealed from is affirmed, or if the amount of damages

allowed is reduced, the party appealing shall pay all costs and disbursements incurred in the

appellate court, but if the amount of damages allowed is increased, or if the determination is

altered, modified, or reversed, otherwise than as to the amount of damages, such costs and

disbursements must be paid by the township or county, as the case may be. Said costs and

disbursements must be taxed as in other cases in the appellate court, and judgment entered

therefor in like manner.
N.D. Cent. Code § 24-03-06 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-06
24-03-06. Method of construction of highway ditches
Status: in_force

24-03-06. Method of construction of highway ditches

All highways constructed or reconstructed by the department, board of county

commissioners, board of township supervisors, their contractors, subcontractors, or agents, or

by any individual firm, corporation, or limited liability company must be so designed as to permit

the waters running into the ditches to drain into coulees, rivers, and lakes according to the

surface and terrain where the highway or highways are constructed in accordance with the

stream crossing standards prepared by the department and the department of water resources

so as to avoid the waters flowing into and accumulating in the ditches to overflow adjacent and

adjoining lands. In the construction of highways the natural flow and drainage of surface waters

to the extent required to meet the stream crossing standards prepared by the department and

the department of water resources may not be obstructed, but the water must be permitted to

follow the natural course according to the surface and terrain of the particular terrain. The

department, county, township, their contractors, subcontractors, or agents, or any individual

firm, corporation, or limited liability company is not liable for any damage caused to any

structure or property by water detained by the highway at the crossing if the highway crossing

has been constructed in accordance with the stream crossing standards prepared by the

department and the department of water resources.
N.D. Cent. Code § 24-01-10 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-10
24-01-10. Local jurisdictions may provide additional capacity to state highway
Status: in_force

24-01-10. Local jurisdictions may provide additional capacity to state highway

The governing board of any county, municipality, or township, as the case may be, may

enter into a written agreement with the director for the construction of a roadway or structure of

greater width or capacity than would be necessary to accommodate the normal state highway

traffic, upon any state highway within its boundaries, and may appropriate from any funds

available, and pay into the state highway fund, such sum or sums of money as may be agreed

upon. Nothing herein contained prevents any such municipality from constructing the portions of

the street not included in the state highway system independent of any contract with the

department, if such construction conforms to such reasonable regulations as the department

may prescribe as to grade and drainage.
N.D. Cent. Code § 24-03-13 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-13
24-03-13. Equipment and materials may be purchased without advertising for bids
Status: in_force

24-03-13. Equipment and materials may be purchased without advertising for bids

The office of management and budget or the director, when the authority to purchase is

delegated to the director, may purchase equipment, materials, supplies, or other personal

property useful to the department, from the United States government, or any of its officers,

agents, agencies, or corporations, without compliance with the provisions of section 24-02-17.
N.D. Cent. Code § 24-03-19 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-19
24-03-19. Research on highway development
Status: in_force

24-03-19. Research on highway development

The director has the authority to gather, investigate, and compile information concerning the

use, construction, and maintenance of highways, the practices and methods of efficient highway

organization, financing, and such other information, data, and statistics of this state or other

states as deemed advisable, and the extent of the natural resources of roadbuilding materials

within this state. The director has the further authority to enter into agreements with other states

or research organizations to carry on research and test projects involving highway development

and to expend highway funds for this purpose. The director shall disseminate all such

information, together with any recommendations the director deems advisable.
N.D. Cent. Code § 24-06-26.1 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-26.1
24-06-26.1. Township road and drainage construction standards
Status: in_force

24-06-26.1. Township road and drainage construction standards

When the construction or reconstruction of a township road or bridge, the insertion of a

culvert in a township road, or the construction or reconstruction of a ditch or drain in connection

with a township road affects the flow of surface waters and increases the surface waterflow

through ditches, drains, bridges, and culverts in other townships, the board of township

supervisors or the township overseer of highways of the township undertaking the construction

or reconstruction shall give notice to the boards of township supervisors or township overseers

of highways in all townships affected by the construction or reconstruction projects.

The boards of township supervisors of townships affected by any road or bridge

construction that changes or increases the flow of surface waters shall cooperate in the

construction projects expending on any portion of the projects the portions of the road and

bridge tax as deemed conducive to the interests of the township. The board of township

supervisors shall construct the ditches, drains, bridges, and culverts in accordance with stream

crossing standards prepared by the department and the department of water resources. A

township, board of township supervisors, and township overseer of highways are not liable for

any damage caused to any structure or property by water detained by the highway at the

crossing if the highway crossing has been constructed in accordance with the stream crossing

standards prepared by the department and the department of water resources.
N.D. Cent. Code § 24-07-03 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-03
24-07-03. Section lines considered public roads open for public travel - Closing same under certain conditions
Status: in_force

24-07-03. Section lines considered public roads open for public travel - Closing same

under certain conditions.

In all townships in this state, outside the limits of incorporated cities, and outside platted

townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through

40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional

section lines are considered public roads open for public travel to the width of thirty-three feet

[10.06 meters] on each side of the section lines.

The board of county commissioners, if petitioned by a person having an interest in the

adjoining land or a portion thereof, after public hearing and a finding by the commissioners of

public benefit, may close section lines or portions thereof which are not used for ten years, are

not traveled due to natural obstacles or difficulty of terrain, are not required due to readily

accessible alternate routes of travel, or are intersected by interstate highways causing the

section line to be a deadend, providing the closing of the dead-end section line does not deprive

adjacent landowners access to the landowners' property. After the section lines are closed, they

may be used to the benefit of the adjacent landowners. However, survey or property reference

monuments may not be disturbed, removed, or destroyed. If drainage is interfered with due to

the farming operations, alternate means of drainage must be provided for by the landowners or

tenants farming the lands.
N.D. Cent. Code § 24-06-12 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-12
24-06-12. Townships may unite efforts
Status: in_force

24-06-12. Townships may unite efforts

The electors of any township, at the annual township meeting, may direct such portion of

the road tax to be expended on the highways in an adjoining township as they deem conducive

to the interests of the township. In such instance, labor and taxes must be expended under the

joint direction of the townships interested and furnishing the same.
N.D. Cent. Code § 24-01-30 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-30
24-01-30. Authority to establish controlled-access facilities
Status: in_force

24-01-30. Authority to establish controlled-access facilities

The highway authorities of the state, counties, and municipalities of North Dakota, acting

alone or in cooperation with each other or with any federal, state, or local agency, or any other

state having authority to participate in the construction and maintenance of highways, are

hereby authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and

provide controlled-access facilities for public use wherever such authority or authorities are of

the opinion that traffic conditions, present or future, will justify such special facilities, provided

that within municipalities such authority is subject to such municipal consent as may be provided

by law. Said highway authorities of the state, counties, and municipalities, in addition to the

specific powers granted by law, also have and may exercise, relative to controlled-access

facilities, any and all additional authority now or hereafter vested in them relative to highways or

streets within their respective jurisdictions. Said units may regulate, restrict, or prohibit use of

such controlled-access facilities by the various classes of vehicles or traffic in a manner

consistent with the definition of a controlled-access facility.
N.D. Cent. Code § 24-02-37.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-37.3
24-02-37.3. Flexible transportation fund - Budget section approval - State treasurer distributions to political subdivisions - Report (Retroactive application - See note)
Status: in_force

24-02-37.3. Flexible transportation fund - Budget section approval - State treasurer

distributions to political subdivisions - Report. (Retroactive application - See note)

There is created in the state treasury the flexible transportation fund. The fund consists of

eligible federal or state funding and any contributed private funds.

1. The flexible transportation fund must be administered and expended by the director

and may be used for the following:

a. Providing a match for federal funding obtained by the department of

transportation.

b. State-funded road and bridge construction and maintenance, and transportation

support costs including staffing, facilities, and operational expenditures on the

state highway system.

c. State-funded road, bridge, and other infrastructure construction and maintenance

activities within the state but off of the state highway system. The director shall

establish the terms and provisions of the program.

2. All money derived from the investment of the flexible transportation fund or any portion

of the fund, must be credited to the flexible transportation fund. The director shall

monthly transmit all moneys collected and received under this chapter to the state

treasurer to be transferred and credited to the flexible transportation fund.

3. The director must receive budget section approval for any project that utilizes more

than ten million dollars from the fund except for projects that match federal or private

funds and the amount utilized from the fund is fifty percent or less of total project costs.

Any request considered by the budget section must comply with section 54-35-02.9.

4. The director shall allocate a portion of funds deposited in the flexible transportation

fund for the benefit of road and bridge maintenance and projects in counties, cities,

and townships as follows:

a. The following percentage of state funds deposited in the fund must be allocated

by the director for grants to counties, cities, and townships in non-oil-producing

counties for road and bridge repair and replacement projects:

(1) Nineteen and one-half percent for county and city projects.

(2) Thirteen and one-half percent for township projects.

b. Seventeen and one-half percent of state funds deposited in the fund must be

allocated by the director for grants to eligible counties for bridge repair and

replacement projects.

c. The director shall establish criteria to distribute the funds under this subsection.

Priority must be given to projects that match federal or private funds and to

projects that improve roadways that serve as local corridors. Priority for organized

township road projects must be given to projects located in townships that levy at

least eighteen mills for general purposes and have a general fund balance of less

than one hundred thousand dollars as of December thirty-first of the prior year.

Priority for unorganized township road projects must be given to unorganized

township projects located in counties that levy at least eighteen mills for

unorganized township road and bridge purposes. For purposes of determining the

mills levied by a township or county, the director shall use the most recent mill

rate data published by the tax commissioner.

d. The amount allocated to organized townships under this subsection must be paid

by the county treasurer to each organized township and the amount allocated for

unorganized townships under this subsection must be credited by the county

treasurer to a special fund for unorganized township roads.

e. Any funds allocated under this subsection not committed by October first of each

even-numbered year may be reallocated by the director for any other projects

eligible for funding under this section.

5. The state treasurer shall allocate a portion of funds deposited in the flexible

transportation fund for the benefit of road, bridge, and other infrastructure maintenance

and projects in counties, cities, and townships, as follows:

a. Nine percent of state funds deposited in the fund must be distributed to

non-oil-producing counties for the benefit of organized and unorganized township

road needs using the distribution method in section 54-27-19.1. To receive an

allocation under this subdivision, an organized township must levy at least

eighteen mills for general purposes and have a general fund balance of less than

one hundred thousand dollars as of December thirty-first of the prior year. To

receive an allocation under this subdivision for unorganized townships, a county

must levy at least eighteen mills for unorganized township road and bridge

purposes. For purposes of determining the mills levied by a township or county,

the state treasurer shall use the most recent mill rate data published by the tax

commissioner.

b. Nineteen and one-half percent of state funds deposited in the fund must be

distributed to non-oil-producing counties and cities for road, bridge, and other

infrastructure projects using the formula established in subsection 4 of section

54-27-19.

6. Twenty-one percent of state funds deposited in the fund must be used by the director

for any projects eligible for funding under this section.

7. For purposes of this section, "non-oil-producing county" means a county that had

average annual oil production of fewer than ten million barrels based on the average

annual oil production in the three-year period ending with the most recently completed

even-numbered fiscal year before the start of each biennium. For purposes of

determining the average annual oil production under this section, the state treasurer

shall use the most recently available data compiled by the industrial commission in a

report on the historical barrels of oil produced by county.

8. The director shall provide periodic reports to the budget section regarding the status of

the fund and projects receiving allocations from the fund.
N.D. Cent. Code § 24-05-09 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-09
24-05-09. Purchase or condemnation of right of way
Status: in_force

24-05-09. Purchase or condemnation of right of way

The board of county commissioners of any county of the state, by resolution or order, as

part of the cost of constructing, reconstructing, widening, altering, changing, locating, relocating,

aligning, realigning, or maintaining, any highway in said county, may purchase, acquire, take

over, or, subject to section 32-15-01, condemn, under the right and power of eminent domain,

for such county, any and all lands which it deems necessary for the present use, either

temporary or permanent, and to provide adequate drainage in the improvement, constructing,

reconstructing, widening, altering, changing, locating, relocating, aligning, realigning, or

maintaining of any highways in said county, and by the same means it may acquire said lands

notwithstanding the fact that the title thereto is vested in the state or any of its subdivisions.

Whenever the board of county commissioners determines, by resolution or order, that the public

necessity requires the taking of land as aforesaid, it shall cause said lands to be surveyed and

described and a plat thereof prepared and recorded in the office of the recorder of the county

wherein the same is located. The board of county commissioners, or its duly authorized agents

and employees, may enter upon any land for the purpose of making such survey, examination,

or test, but in case of damages to the premises the board of county commissioners forthwith

shall pay to the owner of said premises the amount of such damages.
N.D. Cent. Code § 24-02-43 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-43
24-02-43. Intergovernmental cooperation - Infrastructure bank
Status: in_force

24-02-43. Intergovernmental cooperation - Infrastructure bank

The director may contract and cooperate with other states, with political subdivisions of this

state, and with the United States government to establish, maintain, and operate a multistate

infrastructure bank pursuant to section 350 of the National Highway System Designation Act of

1995 [Pub. L. 104-59; 109 Stat. 568, 618-622] and the Department of Transportation and

Related Agencies Appropriations Act of 1997 [Pub. L. 104-205, title I]. The director may transfer

and commit to the multistate infrastructure bank state and federal-aid highway funds, up to a

maximum of ten percent of eligible federal-aid highway funds, and the required state matching

funds. All funds and revenue allocated or generated under this section must be used for

purposes of funding eligible projects as determined by agreement of the members of the

multistate infrastructure bank and as authorized by state and federal law.
N.D. Cent. Code § 24-06-09 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-09
24-06-09. Contract for township road and bridge work by county, township, or soil conservation district
Status: in_force

24-06-09. Contract for township road and bridge work by county, township, or soil

conservation district.

The board of supervisors of any township may enter into a contract with the board of county

commissioners of the county, the board of supervisors of another township, or the directors of a

soil conservation district for the construction, improvement, or repairing of township roads and

bridges without the necessity of advertising for bids.
N.D. Cent. Code § 24-01-16 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-16
24-01-16. Erection and maintenance of guardrails
Status: in_force

24-01-16. Erection and maintenance of guardrails

The director has the authority to erect and maintain guardrails, stretch wires, and other

devices on all highways under the director's jurisdiction, in the interest of public safety.
N.D. Cent. Code § 24-01-03.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-03.1
24-01-03.1. Highway performance classification plan
Status: in_force

24-01-03.1. Highway performance classification plan

To the extent possible, the department of transportation shall implement the highway

performance classification plan.
N.D. Cent. Code § 24-02-14 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-14
24-02-14. Acts prohibited
Status: repealed

24-02-14. Acts prohibited

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 24-01-01.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-01.1
24-01-01.1. Definition of words and phrases
Status: in_force

24-01-01.1. Definition of words and phrases

The following words and phrases when used in this title shall, for the purposes of this title,

have the meanings respectively ascribed to them in this chapter:

1. "Abandonment" means cessation of use of right of way or activity thereon with no

intention to reclaim or use again for highway purposes.

2. "Acquisition or taking" means the process of obtaining right of way.

3. "Arterial highway" means a general term denoting a highway primarily for through

traffic, usually on a continuous route.

4. "Belt highway" means an arterial highway for carrying traffic partially or entirely around

an urban area or portion thereof.

5. "Capacity" means the ability of a roadway to accommodate traffic.

6. "Commission" means the public service commission of the state of North Dakota.

7. "Commissioner" means the director of the department of transportation of this state,

acting directly or through authorized agents as provided in section 24-02-01.3.

8. "Consequential damages" means loss in value of a parcel, no portion of which is

acquired, resulting from a highway improvement.

9. "Controlled-access facility" means a highway or street especially designed for through

traffic, and over, from, or to which owners or occupants of abutting land or other

persons have no right or easement or only a controlled right or easement of access,

light, air, or view by reason of the fact that their property abuts upon such

controlled-access facility or for any other reason.

10. "County road system" means the system of secondary highways designated by the

county officials, the responsibility for which is lodged with the counties.

11. "Department" means the department of transportation of this state as provided by

section 24-02-01.1.

12. "Direct compensation" means payment for land or interest in land and improvements

actually acquired for highway purposes.

13. "Director" means the director of the department of transportation of this state, acting

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

14. "Divided highway" means a highway with separated roadways for traffic in opposite

directions.

15. "Easement" means a right acquired by public authority to use or control property for a

designated highway purpose.

16. "Employee compensation" includes vacation and sick leave.

17. "Expressway" means a divided arterial highway for through traffic with full or partial

control of access and generally with grade separations at intersections.

18. "Fee simple" means an absolute estate or ownership in property including unlimited

power of alienation, except as to any and all lands acquired or taken for highway, road,

or street purposes. Where lands are taken for such purposes, "fee simple" shall not be

deemed to include any oil, gas, or fluid mineral rights.

19. "Freeway" means an expressway with full control of access.

20. "Frontage street or road" means a local street or road auxiliary to and located on the

side of an arterial highway for service to abutting property and adjacent areas and for

control of access.

21. "Grade crossing" means the intersection of a public highway and of the track or tracks

of any railroad, however operated, on the same plane or level, other than a street

railway within the limits of a city.

22. "Highway, street, or road" means a general term denoting a public way for purposes of

vehicular travel, including the entire area within the right of way. A highway in a rural

area may be called a "road", while a highway in an urban area may be called a

"street".

23. "Intersection" means a general term denoting the area where two or more highways

join or cross.

24. "Interstate system" or "interstate highway system" means that part of the state highway

system designated as the North Dakota portion of the national system of interstate and

defense highways as provided for in Public Law 85-767 [23 U.S.C. 101 et seq.].

25. "Local street or local road" means a street or road primarily for access to residence,

business, or other abutting property.

26. "Major street or major highway" means an arterial highway with intersections at grade

and direct access to abutting property, and on which geometric design and traffic

control measures are used to expedite the safe movement of through traffic.

27. "Market value" means the highest price for which property can be sold in the open

market by a willing seller to a willing purchaser, neither acting under compulsion and

both exercising reasonable judgment.

28. "Median" means the portion of a divided highway separating the traveled ways for

traffic in opposite directions.

29. "Municipal corporation or municipality" means all cities organized under the laws of

this state, but does not include any other political subdivisions.

30. "Outer separation" means the portion of an arterial highway between the traveled ways

of a roadway for through traffic and a frontage street or road.

31. "Partial taking" means the acquisition of a parcel of property.

32. "Person" means any person, firm, partnership, association, corporation, limited liability

company, organization, or business trust.

33. "Radial highway" means an arterial highway leading to or from an urban center.

34. "Remainder" means the portion of a parcel retained by the owner after a part of such

parcel has been acquired.

35. "Remnant" means a remainder so small or irregular that it usually has little or no

economic value to the owner.

36. "Right of access" means the right of ingress to a highway from abutting land and

egress from a highway to abutting land.

37. "Right of survey entry" means the right to enter property temporarily to make surveys

and investigations for proposed highway improvements.

38. "Right of way" means a general term denoting land, property, or interest therein,

acquired for or devoted to highway purposes and shall include, but not be limited to

publicly owned and controlled rest and recreation areas, sanitary facilities reasonably

necessary to accommodate the traveling public, and tracts of land necessary for the

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

highway system.

39. "Right-of-way appraisal" means a determination of the market value of property

including damages, if any, as of a specified date, resulting from an analysis of facts.

40. "Right-of-way estimate" means an approximation of the market value of property

including damages, if any, in advance of an appraisal.

41. "Roadside" means a general term denoting the area adjoining the outer edge of the

roadway. Extensive areas between the roadways of a divided highway may also be

considered roadside.

42. "Roadway" means in general, the portion of a highway, including shoulders, for

vehicular use. In construction specifications, the portion of a highway within limits of

construction.

43. "Severance damages" means loss in value of the remainder of a parcel resulting from

an acquisition.

44. "Shoulder" means the portion of the roadway contiguous with the traveled way for

accommodation of stopped vehicles, for emergency use, and for lateral support of

base and surface courses.

45. "State highway system" means the system of state principal roads designated by the

director of the department, the responsibility for which is lodged in the department.

46. "Through street or through highway" means every highway or portion thereof on which

vehicular traffic is given preferential right of way, and at the entrances to which

vehicular traffic from intersecting highways is required by law to yield right of way to

vehicles on such through highways and in obedience to either a stop sign or yield sign,

when such signs are erected by law.

47. "Traffic lane" means the portion of the traveled way for the movement of a single line

of vehicles.

48. "Traveled way" means the portion of the roadway for the movement of vehicles,

exclusive of shoulders and auxiliary lanes.
N.D. Cent. Code § 24-02-01 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01
24-02-01. State highway department established - Commissioner is head of department
Status: repealed

24-02-01. State highway department established - Commissioner is head of

department.

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-16-09 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-09
24-16-09. Director to enforce rules
Status: in_force

24-16-09. Director to enforce rules

The director may adopt and enforce rules for the maintenance of and establishment of

junkyards consistent with the national policy set forth in 23 U.S.C. 136 and the national

standards promulgated thereunder by the secretary of transportation.
N.D. Cent. Code § 24-02-21 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-21
24-02-21. Contracts on informal bids - How let
Status: in_force

24-02-21. Contracts on informal bids - How let

Informal bids must be requested and the contract therefor may be awarded upon such basis

and procedure as the director directs.
N.D. Cent. Code § 24-02-20 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-20
24-02-20. Bids, where opened - Requirements - Bonds or checks of three lowest bidders retained
Status: in_force

24-02-20. Bids, where opened - Requirements - Bonds or checks of three lowest

bidders retained.

1. All bids must be opened at the time and place specified in the advertised request for

bids. The submission of bids and bid openings may be delayed up to twenty-one days

at the discretion of the department. The submission of bids and new bid opening dates

must be noticed by electronic means as prescribed by the department. Each bid must

be accompanied by a certified or cashier's check of the bidder on a solvent bank, in an

amount equal to five percent of the bidder's bid, to be forfeited to the state highway

fund should the bidder fail to effect a contract within ten days after notice of an award

or by a bidder's bond in a sum equal to ten percent of the full amount of the bid,

executed by the bidder as principal and by a surety company authorized to do

business in this state, conditioned that if the principal's bid be accepted and the

contract awarded to the principal, the principal, within ten days after notice of award,

will execute and effect a contract in accordance with the terms of the principal's bid

and a contractor's bond as required by law and the regulations and determinations of

the department.

2. All bonds or checks, except those of the responsible bidders submitting the three

lowest and best bids, must be returned to the bidders promptly upon opening such

bids. The bond or check of the responsible bidder submitting the lowest and best bid

may be cashed or retained until the contract has been awarded and executed properly.

The bonds or checks of the responsible bidders submitting the second and third lowest

and best bids may be returned to the bidders when the department has determined to

whom the contract is to be awarded.
N.D. Cent. Code § 24-01-12.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-12.2
24-01-12.2. Hay disposal
Status: in_force

24-01-12.2. Hay disposal

Any stored hay remaining on the right of way on November first of each year must be

disposed of in a manner deemed proper by the director.
N.D. Cent. Code § 24-17-13 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-13
24-17-13. Hearings
Status: repealed

24-17-13. Hearings

Repealed by S.L. 1981, ch. 336, § 24.
N.D. Cent. Code § 24-06-01 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-01
24-06-01. Board of township supervisors has supervision over township roads
Status: in_force

24-06-01. Board of township supervisors has supervision over township roads

The board of township supervisors of any township in the state has general supervision

over the roads, highways, and bridges throughout the township.
N.D. Cent. Code § 24-01-68 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-68
24-01-68. Specialist Jon P Fettig Iraq bridge - State highway 22 - Continuing appropriation
Status: in_force

24-01-68. Specialist Jon P. Fettig Iraq bridge - State highway 22 - Continuing

appropriation.

The department shall designate the bridge on state highway 22 in Dickinson between the

junction of Kuchenski drive and the junction of fourth street southwest as the Specialist Jon P.

Fettig Iraq 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 22 as the

Specialist Jon P. Fettig Iraq bridge.
N.D. Cent. Code § 24-02-03.5 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-03.5
24-02-03.5. User charges - Incidental revenues
Status: in_force

24-02-03.5. User charges - Incidental revenues

Each entity using the central vehicle management system shall pay a user charge to the

director. The user charge will be set by the director and must be based upon the actual cost of

the service provided, including depreciation. The user charges and any proceeds from

insurance claims, motor vehicle sales, commercial refunds or rebates, or similarly derived

proceeds must be remitted to the state treasurer for deposit in the fleet services fund.
N.D. Cent. Code § 24-02-01.3 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01.3
24-02-01.3. Director of the department of transportation - Appointment - Compensation
Status: in_force

24-02-01.3. Director of the department of transportation - Appointment -

Compensation.

The department of transportation must be managed and directed by the director of the

department of transportation, who must be appointed by, and serve at the pleasure of, the

governor. The director shall take the oath of office required of civil officers by section 44-01-05.

The director shall receive compensation in the amount established by the governor within the

limits of legislative appropriations.
N.D. Cent. Code § 24-10-04 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-04
24-10-04. Cattle guards may be ordered removed
Status: in_force

24-10-04. Cattle guards may be ordered removed

The board having authority to permit the erection of a cattle guard and gateway across any

highway or section line also has authority to cause the same to be removed, if the same is not

kept in repair, or if in the judgment of said board, it becomes necessary to remove the cattle

guard and gateway for the purpose of improving the highway or section line. If the board

determines any cattle guard and gateway should be removed under this section, written notice

by registered or certified mail must be sent to the occupant of the enclosure, notifying the

occupant to effect such removal within thirty days from the date of mailing. If the notice is not

complied with, the board, upon expiration of the period, is authorized to remove or destroy the

cattle guard and gateway.
N.D. Cent. Code § 24-15-05 — ND Code / Title 24 / Chapter 24-15 / Section 24-15-05
24-15-05. Penalty
Status: in_force

24-15-05. Penalty

Any person who proceeds or travels through a roadblock without submitting to the traffic

control so established is guilty of a class B misdemeanor.
N.D. Cent. Code § 24-09-13 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-13
24-09-13. Injuring crossing signs - Penalty
Status: repealed

24-09-13. Injuring crossing signs - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 24-12-04.1 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-04.1
24-12-04.1. Rewards authorized
Status: in_force

24-12-04.1. Rewards authorized

The director or any political subdivision of this state is hereby authorized to offer a reward,

the amount of which must be determined by the director or the governing body of the political

subdivision not exceeding, however, the sum of three hundred dollars, for any information

leading to the conviction of any person or persons violating the provisions of this chapter.
N.D. Cent. Code § 24-01-22.1 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-22.1
24-01-22.1. Appeal after deposit for taking
Status: in_force

24-01-22.1. Appeal after deposit for taking

Within thirty days after notice has been given in writing to the landowner by the clerk of the

district court that a deposit has been made for a taking of right of way as authorized by section

16 of article I of the Constitution of North Dakota, the owner of the property taken may appeal to

the district court by serving a notice of appeal upon the acquiring agency, and the matter must

be tried at the next regular or special term of court with a jury unless a jury is waived, in the

manner prescribed for trials under chapter 32-15.
N.D. Cent. Code § 24-02-02.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.1
24-02-02.1. Agreement for the construction of the Oahe bridge
Status: in_force

24-02-02.1. Agreement for the construction of the Oahe bridge

The director is authorized to execute an agreement with the federal government for the

construction of a bridge over the Oahe Reservoir wherein the department agrees to hold the

United States harmless and free from damages due to the construction or operation and

maintenance of such bridge, except for damages due to the fault or negligence of the United

States or its contractors. Notwithstanding any other provision of law, the director is authorized to

accept ownership of or otherwise place onto the state highway system, a bridge and connecting

roadway over the Oahe Reservoir.
N.D. Cent. Code § 24-02-10 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-10
24-02-10. Biennial report
Status: in_force

24-02-10. Biennial report

The director shall submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 24-02-39 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-39
24-02-39. Highway department - Building limitation
Status: repealed

24-02-39. Highway department - Building limitation

Repealed by S.L. 1975, ch. 239, § 1.
N.D. Cent. Code § 24-05-17 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-17
24-05-17. Responsibility for county road system
Status: in_force

24-05-17. Responsibility for county road system

The boards of county commissioners in their respective counties have the sole authority

and responsibility to acquire land for, construct, maintain, and operate the county road system

as designated and selected by them. If a board of county commissioners determines a local

road meets the criteria in section 24-05-16 and is under the jurisdiction of the township, the

board of county commissioners shall notify the township of its intention to add the road to the

county system. The board of county commissioners shall hold a public meeting to receive input

on the county's intention to add the road to the county system. Following the public meeting, the

board of county commissioners shall make a decision at its subsequent scheduled meeting

regarding adding the road to the county system.
N.D. Cent. Code § 24-03-16 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-16
24-03-16. Inspection and testing of materials
Status: in_force

24-03-16. Inspection and testing of materials

The director has the authority to inspect and test all materials, supplies, equipment, and

machinery used by the department and to develop methods and procedures for this purpose.
N.D. Cent. Code § 24-07-02 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-02
24-07-02. Established roads are public highways
Status: in_force

24-07-02. Established roads are public highways

Every road laid out by the proper authorities, as provided for in this chapter, from the laying

out of which no appeal has been taken within the time limited for taking such appeal, hereby is

declared a public highway to all intents and purposes, and all persons having refused or

neglected to take an appeal, as provided for in this chapter, are debarred forever from any

further redress.
N.D. Cent. Code § 24-01-19 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-19
24-01-19. Board of county commissioners may determine damages
Status: in_force

24-01-19. Board of county commissioners may determine damages

If the director is unable to purchase land or materials with the necessary ways and access

thereto, at what the director deems a reasonable valuation, then the board of county

commissioners of the county wherein such land or materials may be situated, on petition of the

director, shall proceed to ascertain and determine the damages and make awards in the manner

provided by chapter 24-07 for lands taken for highway purposes as hereby modified or

amended. Within fifteen days after the filing of such petition with the county auditor, the board of

county commissioners shall fix a time and place, not later than sixty days from and after the

filing of such petition, for a hearing of all persons interested or aggrieved by such taking, and

shall cause to be published in the official newspaper of the county, at least once a week, for

three successive weeks, prior to such hearing, a notice of such hearing, stating the time and

place where the same shall be held, together with a description of the property to be taken.

Such published notice must be in lieu of all other notices, and when so published must give the

said board of county commissioners full and complete jurisdiction to proceed with the

determination of awards of damages. A copy of such notice must be served personally upon all

known owners residing or found within the state, and upon the occupant of the land, not less

than fifteen days prior to such hearing, in the manner provided for the service of a summons in

the district court, and in case of personal service of such notice upon all persons interested in

any manner in said real property, as disclosed by the records in the office of the recorder of the

county wherein said property is located, no publication of such notice may be made.
N.D. Cent. Code § 24-07-09 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-09
24-07-09. Copy of petition to be posted
Status: in_force

24-07-09. Copy of petition to be posted

The petitioners for the alteration or discontinuance of any road, or for laying out any new

road, shall cause copies of their petition to be posted in three of the most public places in the

county or township having jurisdiction thereof, twenty days before any action is had in relation

thereto.
N.D. Cent. Code § 24-02-30 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-30
24-02-30. Conditions precedent to demand for arbitration against director
Status: in_force

24-02-30. Conditions precedent to demand for arbitration against director

No right exists to demand arbitration against the director until the conditions specified in this

section have been complied with. The contractor shall give the director notice in writing that the

contractor claims the contract has been or will be performed fully on a day stated, which may

not be less than ten days after the giving of such notice. At the time stated in the notice the

director shall cause the work to be inspected, and if the director claims the work has not been

completed, the director, with all reasonable dispatch, having regard to the early completion of

the work, shall specify the particulars in which it is incomplete and shall direct that it be

completed accordingly, or if the director considers further work necessary to bring the project up

to the desired standard for acceptance either by the director or the federal highway

administration, even though the director considers such contract complete, the director likewise

may specify any such additional work. The contractor shall proceed with all reasonable

dispatch, having due regard to weather conditions, with the performance of all such additional

work with a view to a speedy completion of the project. When the contractor claims in good

faith, supported by affidavit furnished to the director, that the contractor has completed such

additional work according to the specifications furnished to the contractor, and the director fails

for ten days to accept such work as completed, the contractor has the right to institute

proceedings under this chapter.
N.D. Cent. Code § 24-01-62 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-62
24-01-62. PVT Albert Grass WWI bridge - State highway 1806 - Continuing appropriation
Status: in_force

24-01-62. PVT. Albert Grass WWI bridge - State highway 1806 - Continuing

appropriation.

The department shall designate the southernmost bridge on state highway 1806 between

county road 134 and seventy-first street in Cannonball as the PVT. Albert Grass WWI 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 1806 as the PVT. Albert Grass WWI

bridge.
N.D. Cent. Code § 24-08-05 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-05
24-08-05. Petition for bridges across navigable rivers
Status: in_force

24-08-05. Petition for bridges across navigable rivers

Whenever one-third of the resident taxpayers of any county, as appears by the last

preceding assessment roll of the county, petition the board of county commissioners requesting

an appropriation to build a bridge across any navigable river on the line of the county, setting

forth therein the location of the bridge as near as may be, its estimated cost, the necessity

therefor to accommodate the general traveling public, the manner in which it is proposed to pay

for the structure, and the time when it will be completed, the petition to be duly verified by the

affidavits of at least fifteen of the petitioners therein named, the board of county commissioners

shall publish a notice in the official newspaper of the county, once each week for three

consecutive weeks, briefly stating the object of the petition and that the same will be heard and

considered at the next regular meeting of such board. At the time appointed for the hearing of

the petition, the board of county commissioners shall investigate the need for such bridge, and if

it finds the same to be necessary and that the consent of the federal government has been

obtained to span such river, it, by resolution duly entered upon the minutes of the board, shall

appropriate toward the building of such bridge, from the county treasury, a sum not exceeding

one-half of the estimated cost of the bridge. The appropriation must be upon condition that a

sufficient bond be given, conditioned that the remaining one-half or more, as the case may be,

of the cost of the bridge will be paid.
N.D. Cent. Code § 24-03-03 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-03
24-03-03. Construction program
Status: repealed

24-03-03. Construction program

Repealed by S.L. 1999, ch. 245, § 4.
N.D. Cent. Code § 24-02-45.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.2
24-02-45.2. Lease agreements with public and private entities for radio tower space - Continuing appropriation
Status: in_force

24-02-45.2. Lease agreements with public and private entities for radio tower space -

Continuing appropriation.

Notwithstanding any other provision of law, the director may lease space on the forty-five

department-owned radio tower locations in existence on December 31, 2020, to private entities,

if the private entities have been unable to secure space on an existing tower that would provide

comparable service coverage. The director shall ensure market rates are charged for a lease

entered with a private entity after June 30, 2021. 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 on a continuing basis.
N.D. Cent. Code § 24-03-22 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-22
24-03-22. Highway maintenance radio net
Status: in_force

24-03-22. Highway maintenance radio net

The department is hereby authorized to purchase, install, and maintain a department of

transportation radio communications network out of funds now and hereinafter designated as

state highway maintenance funds. The department is further authorized to enter into an

agreement with the federal civil defense administration for the purchase of radio equipment for

said radio communications network on a fifty-fifty fund matching basis.
N.D. Cent. Code § 24-01-55 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-55
24-01-55. Yellowstone trail - United States highway 12
Status: in_force

24-01-55. Yellowstone trail - United States highway 12

The department shall designate United States highway 12 from the South Dakota border to

the Montana border as the Yellowstone trail and at a minimum shall place signs along the

highway designating that name and may use appropriate signs donated to the department.
N.D. Cent. Code § 24-01-04.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-04.2
24-01-04.2. Corridors of commerce program - Corridors of commerce fund
Status: in_force

24-01-04.2. Corridors of commerce program - Corridors of commerce fund

1. The department shall administer a corridors of commerce program for constructing,

reconstructing, improving, and maintaining highways that improve freight

transportation and facilitate commerce.

2. The corridors of commerce fund is a special fund in the state treasury administered by

the department. The fund consists of all money deposited in the fund. Pursuant to

legislative appropriations, the department shall use moneys in the fund for eligible

highway projects in accordance with provisions of this section.

3. To be eligible for funding under this section:

a. Any construction work associated with the project must begin within three years

after the department selects the project for funding, unless the department grants

an exemption; and

b. The highway project must meet at least one of the following criteria:

(1) The project is a segment of highway with the following characteristics:

(a) The existing segment is not a divided highway;

(b) At least one end of the segment connects to an expressway or

freeway; and

(c) The segment will connect to a proposed or existing interchange;

(2) The project will ease the movement of freight traffic;

(3) The project will improve safety on the highway;

(4) The project will allow oversized or overweight vehicles to use the highway

after completion;

(5) The project will provide increased connectivity between areas of significant

commerce; or

(6) The highway is or will be designated as national high priority corridor of

connectivity.

4. When evaluating eligible projects for funding under this section, the department shall

score each eligible project, make the scores available to the public, and consider:

a. The return on investment;

b. Measurable improvements in commerce and economic competitiveness;

c. Efficiency in traffic flow based on average daily traffic counts, commercial vehicle

miles traveled, and travel times;

d. Safety improvements;

e. Connections to regional trade centers or other modes of transportation; and

f. Community support for the project.

5. The funding provided to an eligible highway project may be used to plan, construct,

replace, improve, or maintain the highway.
N.D. Cent. Code § 24-08-11 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-11
24-08-11. Plans for bridge when state aid is used in paying cost
Status: repealed

24-08-11. Plans for bridge when state aid is used in paying cost

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 24-09-10 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-10
24-09-10. Changing or closing railroad crossing - Power of public service commission - Hearing
Status: in_force

24-09-10. Changing or closing railroad crossing - Power of public service

commission - Hearing.

It is in the interest of public safety to eliminate unnecessary railroad grade crossings

whenever reasonable access can be safely provided at another crossing. Whenever it is

desired, either by the public officials having the necessary authority or by the railway company

operating the railroad, to establish, vacate, or relocate any crossing of a public highway and a

railroad, or to separate grades, and an agreement cannot be reached between the public official

and the railway company, either as to the necessity for establishing, vacating, or relocating a

crossing or for separating grades, as to place, manner of construction, or a reasonable division

of the expense, either party may file a petition with the commission, setting forth the facts and

submitting the matter to it for determination. The commission, after giving notice as it shall deem

reasonable, shall conduct a hearing and shall issue its order determining whether there should

be an establishment, vacation, or relocation of the crossing in question, or a separation of

grades, and dividing the expense of the establishment, relocation, or separation of grades.

Irrespective of the establishment, relocation, or the consideration of further reasonable

protection of a crossing, if the commission finds any railroad crossing to be unnecessary or

unsafe, it shall order the crossing closed after reasonable notice and hearing. Whenever a final

order is entered vacating or closing a crossing, it must be vacated or closed at the railroad

company's expense.
N.D. Cent. Code § 24-09-05 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-05
24-09-05. Stop signs may be required
Status: in_force

24-09-05. Stop signs may be required

At each grade crossing where, because of the dangers attendant upon its use, the

reasonable protection to life and property makes it necessary for all persons approaching the

same to stop before crossing the railroad tracks thereat, stop signs shall be installed. The

department, after performing an engineering study of the crossing, may designate any crossing

requiring such additional protection as a stop crossing and shall notify the road authority with

jurisdiction over the roadway of such designation and of the location where the stop sign is to be

installed. Within thirty days after such notification, the road authority shall erect uniform stop

signs on separate posts at the designated location on each side of said crossing.
N.D. Cent. Code § 24-02-25.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-25.2
24-02-25.2. Actions against contractor and surety - Time
Status: in_force

24-02-25.2. Actions against contractor and surety - Time

Any person who has furnished labor, materials, or supplies and made a claim under section

24-02-25.1 has the right to commence an action to recover the amount of the person's claim

against the contractor or surety within one year of the date of the final acceptance of the project

by the department.
N.D. Cent. Code § 24-06-28 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-28
24-06-28. Obstruction of section lines prohibited - Exception - Certain fences not considered obstructions - Obstructions and traffic safety hazards - Penalty
Status: in_force

24-06-28. Obstruction of section lines prohibited - Exception - Certain fences not

considered obstructions - Obstructions and traffic safety hazards - Penalty.

1. A person may not place or cause to be placed any permanent obstruction within the

vertical plane of thirty-three feet [10.06 meters] of any section line or within the right of

way of any highway, unless written permission is first secured from the board of county

commissioners or the board of township supervisors, as appropriate. The permission

must be granted where the section line has been closed pursuant to section 24-07-03

or where the topography of the land along the section line is such that in the opinion of

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

be, the construction of a road on the section line is impracticable.

2. A person may not place or cause to be placed any obstruction or traffic safety hazard

within the vertical plane of thirty-three feet [10.06 meters] of any section line or within

the right of way of any highway, unless written permission is first secured from the

board of county commissioners or board of township supervisors, as appropriate.

3. Subsection 1 may not be construed to prohibit construction of fences:

a. Along or across section lines which have been closed pursuant to section

24-07-03 or which have not been opened because construction of a road is

impracticable due to the topography of the land along the section line, but such

fences are subject to removal as provided in section 24-06-30.

b. Across section lines which have not been closed pursuant to section 24-07-03 if

cattle guards are provided in accordance with chapter 24-10 where fences cross

the section lines.

4. The construction of fences pursuant to subsection 3 may not be considered an

obstruction of section lines and any person who damages any fence or who opens and

fails to close any gate constructed under subsection 3 is guilty of an infraction.

5. Subsection 2 does not apply to a railroad company performing maintenance and repair

work of railroad track, crossings, or other railroad facilities.
N.D. Cent. Code § 24-02-02.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-02.2
24-02-02.2. Authority to contract with adjoining states and provinces
Status: in_force

24-02-02.2. Authority to contract with adjoining states and provinces

The director may contract with adjoining states and provinces to provide for the

construction, reconstruction, repair, or maintenance of highways located on or near the border

of each jurisdiction.
N.D. Cent. Code § 24-01-22 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-22
24-01-22. Title vests after thirty days if no appeal taken
Status: in_force

24-01-22. Title vests after thirty days if no appeal taken

At the expiration of thirty days from the award by the board of county commissioners from

which no appeal has been taken as provided in section 24-01-23, whenever such money has

been deposited in the office of the clerk of court, the receipt of the owners of said property, or of

such clerk of court, must be recorded in the office of the recorder of the county in which such

real estate is situated, and the title to the land or materials thereupon must be vested in the

state.
N.D. Cent. Code § 24-01-59 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-59
24-01-59. Veterans memorial bridge - State highway 18 - Continuing appropriation
Status: in_force

24-01-59. Veterans memorial bridge - State highway 18 - Continuing appropriation

The department shall designate the bridge on state highway 18 between island place and

park street east in Cavalier as the veterans memorial 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 veterans memorial bridge.
N.D. Cent. Code § 24-07-12 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-12
24-07-12. Petition must be filed with county auditor
Status: in_force

24-07-12. Petition must be filed with county auditor

If the petition is for the opening, altering, or discontinuing of a road or highway between two

or more counties, it must be filed with the auditor of one of the counties affected at least fifteen

days before any action is taken, and the auditor immediately shall transmit certified copies of

such petition to the auditors of all other counties to be affected by such changing, discontinuing,

or laying out of roads or highways. Each county auditor shall lay such petition before the board

of county commissioners of the auditor's county at its next meeting for action in the matter as

provided in this chapter.
N.D. Cent. Code § 24-01-61 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-61
24-01-61. PFC Ronald C Goodiron Vietnam bridge - State highway 6 - Continuing appropriation
Status: in_force

24-01-61. PFC. Ronald C. Goodiron Vietnam bridge - State highway 6 - Continuing

appropriation.

The department shall designate the bridge on state highway 6 between state highway 24

and county road 134 near Breien as the PFC. Ronald C. Goodiron 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 6 as the PFC. Ronald C. Goodiron Vietnam

bridge.
N.D. Cent. Code § 24-01-33 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-33
24-01-33. New and existing facilities - Grade crossing elimination
Status: in_force

24-01-33. New and existing facilities - Grade crossing elimination

The highway authorities of the state, or any county, or municipality may designate and

establish controlled-access highways as new and additional facilities or may designate and

establish an existing street or highway as included within a controlled-access facility. The state

or any of its subdivisions has authority to provide for the elimination of intersections at grade of

controlled-access facilities with existing state and county roads, and municipal streets, by grade

separation or service road, or by closing off such roads and streets at the right-of-way boundary

lines of such controlled-access facility; and after the establishment of any controlled-access

facility, no highway or street which is not part of said facility may intersect the same at grade. No

municipal, county, or state highway, or other public way may be opened into or connected with

any such controlled-access facility without the consent and previous approval of the highway

authority in the state, county, or municipality having jurisdiction over such controlled-access

facility. Such consent and approval may be given only if the public interest is served thereby.
N.D. Cent. Code § 24-01-06 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-06
24-01-06. Authority to abandon sections of routes
Status: in_force

24-01-06. Authority to abandon sections of routes

The director has the authority to abandon sections of routes on the state highway system

when such abandoned sections are substantially replaced by improvements on new locations

serving the area. Such abandonment may be made even though such highway is not placed on

any other road system.

The abandonment order must be filed with the office of the recorder of each county in which

the abandonment occurs.
N.D. Cent. Code § 24-03-05 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-05
24-03-05. Closing of roads - Penalty for passing over road or removing barricade
Status: in_force

24-03-05. Closing of roads - Penalty for passing over road or removing barricade

Whenever, during the construction work on any state highway or at any other time, it may

be necessary to prevent traffic from passing over any portion of such highway, the department

may close such portion of the highway to all traffic by causing to be posted in a conspicuous

manner, at the ends of the portion of the highway so closed, suitable signs warning the public

that such road is closed under authority of law, and by the erection of suitable barricades,

fences, or other obstructions. The driver, or owner, or both, of any vehicle, self-propelling or

otherwise, passing through, over, or around any such barricade, fence, or other obstruction so

placed, or any person opening, removing, or defacing any such barricade, fence, or other

obstruction, or any such warning sign, without written permission from the engineer in charge of

the work, or in charge of such highway, or any person willfully causing any damage to the work

under construction, is guilty of a class A misdemeanor.
N.D. Cent. Code § 24-01-67 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-67
24-01-67. S/Sgt Miles Shelley WWII overpass - United States highway 52 - Continuing appropriation
Status: in_force

24-01-67. S/Sgt. Miles Shelley WWII overpass - United States highway 52 - Continuing

appropriation.

The department shall designate the overpass on United States highway 52 over the railway

in Carrington between the junction of state highway 200 and the junction of second street north

as the S/Sgt. Miles Shelley WWII 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 the signs. Any donated funds are appropriated to the

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

on United States highway 52 as the S/Sgt. Miles Shelley WWII bridge.
N.D. Cent. Code § 24-02-08 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-08
24-02-08. Engineering consulting services - Coordinator of highway, road, and street program within state
Status: in_force

24-02-08. Engineering consulting services - Coordinator of highway, road, and street

program within state.

The director may provide consulting engineering services upon request of any

governmental unit.

The director has the authority and responsibility for the coordination of the total highway,

road, and street program within this state, including the designation of systems, which the

director may functionally classify as to the types of service, and the development of construction

standards as hereinafter provided for.
N.D. Cent. Code § 24-06-15 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-15
24-06-15. Road taxes in unorganized territory - How expended
Status: in_force

24-06-15. Road taxes in unorganized territory - How expended

The board of county commissioners shall order the expenditure of all road taxes paid into

the county treasury from unorganized territory in the improvement of the highways, paying the

district overseer of highways, purchasing implements, and repairing bridges in the road district

in which such taxes were levied, under such regulations as it may deem most expedient for the

public interests, and for this purpose shall order the payment of such sum by the treasurer to the

persons performing such labor upon the certificate of the overseer of highways.
N.D. Cent. Code § 24-01-34 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-34
24-01-34. Authority of local units to consent
Status: in_force

24-01-34. Authority of local units to consent

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

into agreements with each other, or with the federal government, respecting the financing,

planning, establishment, improvement, maintenance, use, regulation, or vacation of

controlled-access facilities or other public ways in their respective jurisdictions.
N.D. Cent. Code § 24-17-14 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-14
24-17-14. Publication of resolutions, rules or regulations
Status: repealed

24-17-14. Publication of resolutions, rules or regulations

Repealed by S.L. 1981, ch. 336, § 24.
N.D. Cent. Code § 24-16-10 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-10
24-16-10. Administrative order retroactive
Status: in_force

24-16-10. Administrative order retroactive

The administrative order promulgated on December 3, 1965, by the director prohibiting the

establishment of junkyards within one thousand feet [304.8 meters] from the nearest edge of the

right of way along highways on the state highway system unless the director's permission is

obtained is hereby enacted into law with full force and effect of law, from its issuance on

December 3, 1965, the same as if said order was enacted into law by the legislative assembly

to take effect as of that date.
N.D. Cent. Code § 24-09-03 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-03
24-09-03. Railroads to establish signs
Status: in_force

24-09-03. Railroads to establish signs

At each grade crossing in this state hereafter established and at each grade crossing where

and when the existing crossing signs are replaced, the railway company operating the railroad

thereat shall erect and maintain on the highway on each side of the railroad track or tracks, and

within a distance of seventy-five feet [22.86 meters] from the nearest rail, one or more of such

uniform home-crossing signs.
N.D. Cent. Code § 24-02-01.2 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01.2
24-02-01.2. Department of transportation and director of the department of transportation to be substituted for motor vehicle department, registrar of motor vehicles, highway department, and highway commissioner
Status: in_force

24-02-01.2. Department of transportation and director of the department of

transportation to be substituted for motor vehicle department, registrar of motor

vehicles, highway department, and highway commissioner.

Wherever the terms "motor vehicle department", "registrar of motor vehicles", "highway

department", or "highway commissioner", or any derivative of those terms which, when used in

context indicates an intention to refer to those persons or departments, shall appear in the North

Dakota Century Code, the term "department of transportation", or the term "director of the

department of transportation", as the case may be, shall be substituted therefor. It is the intent

of the legislative assembly that the department of transportation and the director of the

department of transportation must be substituted for, shall take any actions previously taken by,

and shall perform all duties previously performed by the motor vehicle department, the registrar

of motor vehicles, the highway department, and the highway commissioner.
N.D. Cent. Code § 24-06-22 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-22
24-06-22. Supervisors to fix compensation for road work, when
Status: repealed

24-06-22. Supervisors to fix compensation for road work, when

Repealed by S.L. 1951, ch. 178, § 5.
N.D. Cent. Code § 24-06-16 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-16
24-06-16. Report of district overseer of highways
Status: in_force

24-06-16. Report of district overseer of highways

On or before the first Monday in January in each year, each district overseer of highways

appointed by the board of county commissioners shall make a report to the board of the

overseer's doings as such during the preceding year, the amount of labor performed, and the

number of days' labor necessarily performed by the overseer in the discharge of the overseer's

duties, and the board of county commissioners thereupon shall cause a warrant to be drawn on

the county treasurer in favor of such overseer for such services.
N.D. Cent. Code § 24-02-32 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-32
24-02-32. Further arbitration permitted
Status: in_force

24-02-32. Further arbitration permitted

If after the making of an award which requires the contractor to do further work, any

controversies arise between the parties as to the doing of such work, the controversies may be

submitted to the same arbitrators on five days' notice for further determination.
N.D. Cent. Code § 24-02-44 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-44
24-02-44. Authority to borrow funds for a disaster - Appropriation
Status: in_force

24-02-44. Authority to borrow funds for a disaster - Appropriation

The department of transportation, subject to the approval of the emergency commission,

may borrow moneys from the Bank of North Dakota to advance and match federal emergency

relief funds. Any moneys borrowed from the Bank of North Dakota pursuant to this section are

appropriated.
N.D. Cent. Code § 24-04-06 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-06
24-04-06. General laws govern taxes and special assessments to pay highway costs
Status: in_force

24-04-06. General laws govern taxes and special assessments to pay highway costs

All provisions of law relating to the levying of taxes for internal improvements of

municipalities and the levying of special assessments for such improvements are applicable to

sections 24-04-04 and 24-04-05 insofar as they are not inconsistent with the general purpose

thereof, namely, to permit such municipalities to participate in federal-aid highway construction,

financing, planning, and acquisition of right of way, through and within their limits.
N.D. Cent. Code § 24-01-69 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-69
24-01-69. Specialist Dennis "DJ" Ferderer Jr Iraq bridge - State highway 31 - Continuing appropriation
Status: in_force

24-01-69. Specialist Dennis "DJ" Ferderer Jr. Iraq bridge - State highway 31 -

Continuing appropriation.

The department shall designate the bridge on state highway 31 north of New Salem

between the junction of thirty-third street and the junction of thirty-second street as the

Specialist Dennis "DJ" Ferderer Jr. Iraq 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 31 as the Specialist Dennis "DJ" Ferderer Jr. Iraq bridge.
N.D. Cent. Code § 24-12-04 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-04
24-12-04. Injury to mileboards, guideposts, traffic-control signals, signs, or markings
Status: in_force

24-12-04. Injury to mileboards, guideposts, traffic-control signals, signs, or markings

No person may remove, injure, or destroy any mileboard, milestone, or guidepost,

traffic-control signals, signs, or markings, or any inscription thereon, erected or placed upon any

highway, road, or street by any public authority or by any contractor, subcontractor, or employee

engaged in construction activities pursuant to a contract with a public authority therefor.
N.D. Cent. Code § 24-01-43 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-43
24-01-43. Utility facility - Removal
Status: in_force

24-01-43. Utility facility - Removal

Any utility or transmission line hereinafter constructed contrary to the provisions of section

24-01-42 must be removed at the expense of the utility, when such removal is required for

purposes of highway expansion.
N.D. Cent. Code § 24-06-06 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-06
24-06-06. Storage of implements
Status: in_force

24-06-06. Storage of implements

Each board of township supervisors shall provide suitable places for the storage and proper

housing of all tools, implements, and machinery owned by the township and shall cause such

tools, implements, and machinery to be stored and housed therein when not in use.
N.D. Cent. Code § 24-02-50 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-50
24-02-50. Criminal record history checks
Status: in_force

24-02-50. Criminal record history checks

The director of the department of transportation may require volunteers and final applicants

for employment to submit to a statewide and nationwide criminal history record check. The

nationwide criminal history record check must be conducted in the manner provided by section

12-60-24.
N.D. Cent. Code § 24-09-08 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-08
24-09-08. Additional safeguards at crossings may be required
Status: in_force

24-09-08. Additional safeguards at crossings may be required

The commission, upon written application made to it by the director, the board of county

commissioners of any county, the board of supervisors of any township, any municipality, the

railroad company, or upon its own motion, shall investigate and determine whether any railroad

grade crossing over any state, county, township, or municipal highway in the state is dangerous

to life and property and needs protection further than that set out in this chapter, and may order

the same protected in any manner it may find reasonable and proper, including a requirement

that the railroad company separate the grades. In such cases, the commission shall give the

railroad company interested such notice of the investigation as it deems reasonable and an

opportunity to be heard before any order is made. The railroad company interested, within thirty

days after the service of a copy of such order upon it, may appeal to the district court of the

county within which such crossing is situated.
N.D. Cent. Code § 24-01-26 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-26
24-01-26. Grants of rights of way confirmed
Status: in_force

24-01-26. Grants of rights of way confirmed

The following grants of rights of way heretofore made by the legislative assembly are

hereby confirmed:

1. For a highway across the military encampment grounds at Rock Island in Ramsey

County as set forth in chapter 134 of the Session Laws of 1901.

2. For a highway across Devils Lake as set forth in chapter 141 of the Session Laws of

1903.

3. For a highway across Des Lacs Lake as set forth in chapter 57 of the Session Laws of

1905.
N.D. Cent. Code § 24-06-05 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-05
24-06-05. Overseer responsible for machinery
Status: in_force

24-06-05. Overseer responsible for machinery

Each overseer of highways is responsible personally for the proper use and care of all

implements while in the overseer's charge, or in use in the overseer's district, and any overseer

of highways, or other person who, through negligence or willfully injures or damages such

implements or permits them to be injured, is liable for such damage to the township, in an action

to be brought by the chairman of the board of township supervisors in the township or any

adjoining township.
N.D. Cent. Code § 24-08-02.1 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-02.1
24-08-02.1. County to furnish and pay for culverts on township roads
Status: in_force

24-08-02.1. County to furnish and pay for culverts on township roads

The county shall furnish and install, at county expense, such culverts as are necessary to

be used along township roads at points of intersection with established drains, in accordance

with sections 24-08-01 and 24-08-02.
N.D. Cent. Code § 24-01-32 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-32
24-01-32. Acquisition of property and property rights
Status: in_force

24-01-32. Acquisition of property and property rights

For the purposes of chapter 177 of the 1953 Session Laws, the highway authorities of the

state, or any county, or municipality may acquire private or public property and property rights

for controlled-access facilities and service roads, including rights of access, air, view, lights, and

such advertising rights outside of the right of way as may be determined by the director to be in

the public interest, by gift, devise, purchase, or condemnation in the same manner as such units

are now or hereafter may be authorized by law to acquire such property or property rights in

connection with highways and streets within their respective jurisdictions. All property rights

acquired under the provisions of chapter 177 of the 1953 Session Laws must be in fee simple,

provided, however, as to any and all lands acquired or taken for highway, road, or street

purposes, they may not obtain any rights or interest in or to the oil, gas, or fluid minerals

underlying said lands. In connection with the acquisition of property or property rights for any

controlled-access facility or portion thereof, or service road in connection therewith, the state,

county, or municipal highway authority may, in its discretion, acquire an entire lot, block, or tract

of land, if, by so doing, the interests of the public will be best served, even though said entire lot,

block, or tract is not immediately needed for the right of way proper.
N.D. Cent. Code § 24-07-17 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-17
24-07-17. When damages not allowed
Status: in_force

24-07-17. When damages not allowed

Except as otherwise provided in this chapter, no damages may be assessed or allowed to

any person, corporation, or limited liability company by reason of the laying out of any new road

or the altering of any old one, if the title of the land on which such road passes was vested in the

state or the United States at the time of the location of such road.
N.D. Cent. Code § 24-01-52 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-52
24-01-52. Multilane highway for United States highway 52
Status: in_force

24-01-52. Multilane highway for United States highway 52

The director of the department of transportation shall include, as part of the department's

project development process, a four-lane alternate when it develops the environmental

document for the next major reconstruction project for United States highway 52 from reference

point 52-101.683 to reference point 52-122.789. It is recommended that the four-lane alternative

be selected as the preferred alternate and be constructed if environmental clearance is

obtained.
N.D. Cent. Code § 24-07-15 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-15
24-07-15. Order or certified copy - Competent evidence
Status: in_force

24-07-15. Order or certified copy - Competent evidence

The order laying out, altering, or discontinuing any highway, or a copy of the record duly

certified by the county auditor or township clerk, as each case may require, must be received in

all courts as competent evidence of the facts therein contained and must be prima facie

evidence of the regularity of the proceedings prior to the making of such order, except in cases

of appeal, when such appeal has been taken within the time limited in this chapter.
N.D. Cent. Code § 24-06-23 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-23
24-06-23. County commissioners to fix rate, when
Status: repealed

24-06-23. County commissioners to fix rate, when

Repealed by S.L. 1951, ch. 178, § 5.
N.D. Cent. Code § 24-17-06 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-06
24-17-06. Highway corridor board - Members
Status: repealed

24-17-06. Highway corridor board - Members

Repealed by S.L. 1983, ch. 311, § 10.
N.D. Cent. Code § 24-16-05 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-05
24-16-05. Order to remove junkyard
Status: in_force

24-16-05. Order to remove junkyard

The director may order the removal of any junkyards which cannot be effectively screened

within the meaning of this chapter or any junkyard which in the judgment of the director does not

subserve the legislative intent as specified in section 24-16-01.
N.D. Cent. Code § 24-05-05 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-05
24-05-05. County auditor to issue warrants
Status: in_force

24-05-05. County auditor to issue warrants

Upon the filing of the surveyor's certificate as provided in section 24-05-03, the county

auditor shall issue warrants accordingly on the county treasurer in favor of the contractor,

payable out of the county road and bridge fund appropriated thereto, and the same must be

paid by the treasurer.
N.D. Cent. Code § 24-02-06 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-06
24-02-06. Chief engineer - Qualifications, salary
Status: repealed

24-02-06. Chief engineer - Qualifications, salary

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 24-01-12.3 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-12.3
24-01-12.3. Entry into no-mow agreements
Status: in_force

24-01-12.3. Entry into no-mow agreements

No state agency or political subdivision of the state may enter into any agreement to

increase the no-mow acres contained in the rights of way of the state highway system.
N.D. Cent. Code § 24-07-27 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-27
24-07-27. Scope of review upon appeal
Status: in_force

24-07-27. Scope of review upon appeal

An appeal as provided for in this chapter brings before the appellate court the propriety of

the amount of damages allowed and all matters referred to in the notice of appeal. The court or

jury, as the case may be, shall reassess the damages. The rules for ascertaining and fixing the

damages must be based upon the principles which the board was required to adopt in originally

determining the same.
N.D. Cent. Code § 24-06-02 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-02
24-06-02. Township may purchase road machinery - Credit terms
Status: in_force

24-06-02. Township may purchase road machinery - Credit terms

The board of supervisors of any township may contract for and purchase, upon credit or

otherwise, any road machinery, implements, or equipment for the use of such township.
N.D. Cent. Code § 24-01-11 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-11
24-01-11. Maintenance of additional width of state highway system in municipalities
Status: in_force

24-01-11. Maintenance of additional width of state highway system in municipalities

The governing body of any municipality may enter into a written agreement with the

department for the maintenance of such additional width by the department, and from time to

time in accordance with such agreement shall appropriate and pay into the state highway fund

such sums of money as may be agreed upon. Nothing herein contained may be construed to

prevent any such municipality from maintaining such additional width at its own expense subject

to the written approval of the department.
N.D. Cent. Code § 24-17-08.1 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-08.1
24-17-08.1. Agreement between board and secretary of transportation ratified
Status: in_force

24-17-08.1. Agreement between board and secretary of transportation ratified

The agreement between the board and the secretary of transportation, dated January 31,

1972, is hereby ratified on behalf of the director who shall succeed to the board's obligations,

duties, and authority under said agreement.
N.D. Cent. Code § 24-02-29 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-29
24-02-29. Arbitration may proceed although one party fails to agree
Status: in_force

24-02-29. Arbitration may proceed although one party fails to agree

If either party refuses to submit to arbitration as provided in this chapter, that party must be

deemed to have waived all claims and demands, and the arbitrators shall proceed to determine

the controversies set forth by the moving party according to the justice of the case. Judgment

must be entered upon the award of such arbitrators in all things the same as though the

submission to arbitration has been signed by both parties.
N.D. Cent. Code § 24-01-50 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-50
24-01-50. No-mow transfer to interstate highways
Status: in_force

24-01-50. No-mow transfer to interstate highways

The department, in consultation with the game and fish department, shall negotiate with the

United States fish and wildlife service and any other appropriate federal agency for the

purposes of substituting the no-mow acres contained in the rights of way of United States

highway 2 and United States highway 83 to the rights of way of interstate highway 94 or

interstate highway 29, or both.
N.D. Cent. Code § 24-05-14 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-14
24-05-14. Appeal - How taken - Jury trial
Status: in_force

24-05-14. Appeal - How taken - Jury trial

Any party aggrieved by the award made as provided in section 24-05-11 shall have the

remedy now provided by law for an appeal from any determination of the board of county

commissioners in the taking of lands by a county for highway purposes. Appeal from such

award must be taken without bond and by the service of a notice of appeal on the board of

county commissioners in the manner in which a summons in a civil action is served. The issues

involved in the appeal so taken must be tried and determined at the next term of the district

court. The damages must be assessed by a jury, unless a trial by jury is waived, and no fees

may be collected by the clerk of the district court for the filing of said appeal.
N.D. Cent. Code § 24-05-01 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-01
24-05-01. County road system and construction plan - County road and bridge tax levy - Allocation and use of funds
Status: in_force

24-05-01. County road system and construction plan - County road and bridge tax

levy - Allocation and use of funds.

The board of county commissioners of any county shall periodically prepare a proposed

county construction program of roads on the county road system, setting forth a general

description of the roads to be constructed, the location of bridges constituting a part of the

program, the approximate total mileage, and the priority of construction.

1. The board of county commissioners may levy a tax not exceeding a tax rate of

ten mills per dollar of the taxable valuation of property in the county for the

improvement of county roads and bridges.

2. When authorized by a majority of the qualified electors voting upon the question at a

regular or special election in the county, the county commissioners may levy and

collect an additional tax for county road and bridge purposes not exceeding a tax rate

of ten mills per dollar of the taxable valuation of property in the county. The levy

pursuant to such an election may be discontinued by the board of county

commissioners or, upon petition of five percent of the qualified electors of such county,

the question of discontinuance of the levy must be submitted to the qualified electors

of the county at any regular or special election and, upon a favorable vote to

discontinue the levy of a majority of the qualified electors voting, such levy must be

discontinued.

Of the proceeds of the tax collected under levy authority under this subsection on

account of property situated within any city, by the county treasurer of the county in

which the city is located, twenty percent must be turned over by the treasurer to the

auditor of the city, in the manner provided in section 11-13-06 to be expended under

the direction of the governing body of the city in the improvement of its streets and

highways.

3. When a county requires levy authority for county road and bridge purposes in excess

of the limitations under subsections 1 and 2 and the county is authorized by a majority

of the qualified electors voting upon the question at a regular or special election in the

county, the board of county commissioners may levy and collect an additional tax not

exceeding a tax rate of ten mills per dollar of the taxable valuation of property in the

county. The levy pursuant to an election under this subsection may be discontinued by

the board of county commissioners or, upon petition of five percent of the qualified

electors of such county, the question of discontinuance of the levy must be submitted

to the qualified electors of the county at any regular or special election and, upon a

favorable vote to discontinue the levy of a majority of the qualified electors voting, such

levy must be discontinued.

4. Additional levy authority authorized by electors of a county under this section or

section 57-15-06.3 before January 1, 2015, remains in effect under the provisions of

law at the time the levy was authorized for the time period authorized by the electors

but not exceeding ten taxable years, unless discontinued earlier by the board of county

commissioners or the electors of the county. After January 1, 2015, approval or

reauthorization by electors of increased levy authority under this section may not be

effective for more than ten taxable years.

5. The county treasurer shall retain and deposit in a fund known as the county road and

bridge fund the county share of the tax under this section and any proceeds of this tax

totaling less than twenty dollars in a taxable year which is collected on account of

property situated within any city. Proceeds of the county share of the tax under this

section must be expended in the improvement of highways as provided in this chapter

under the direction of the board of county commissioners. The provisions of this

section in regard to allocation apply to the proceeds of any tax originally levied for

other purposes if appropriated or transferred to the county road and bridge fund or for

expenditure for road and bridge purposes.

Any unobligated balance in the farm to market and federal aid roads fund and

county road fund on or after August 1, 2015, must be transferred to the county road

and bridge fund, and the farm to market and federal aid roads fund and county road

fund must be closed out.
N.D. Cent. Code § 24-03-23 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-23
24-03-23. Encroachments on state highways
Status: in_force

24-03-23. Encroachments on state highways

No part of the right of way for state highways may be encroached upon by erection thereon

of any structure, or placing thereon any personal property, other than a temporary parking of a

motor vehicle, without a written permit from the director. Any encroachment may be caused to

be removed, obliterated, or corrected by order of the director and the total cost thereof must be

paid by the person responsible for the encroachment. Property other than motor vehicles left

upon highway right of way for a period exceeding seventy-two hours, the ownership of which

cannot be determined after reasonable effort has been made to do so, must be deemed

abandoned and may be removed from the right of way and stored at the nearest site available

for thirty days and if it is not claimed by the owner during such period, and the cost of removal

and storage paid, it may be disposed of in the manner prescribed by the director. Abandoned

motor vehicles are subject to the provisions of chapter 23.1-15. If such property is disposed of it

must, except as otherwise provided by this section, be sold or disposed of in the manner

provided in chapter 23.1-15. The receipts therefrom must be deposited in the state treasury as

provided in section 1 of article IX of the Constitution of North Dakota and credited to the

common schools trust fund unless a commercial towing service lawfully disposes of the

abandoned vehicle.
N.D. Cent. Code § 24-04-02 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-02
24-04-02. Federal-aid highways included in highway systems of state
Status: in_force

24-04-02. Federal-aid highways included in highway systems of state

In the selection and designation of highway systems, as provided for under this title, due

consideration must be given to those highways on which federal-aid funds have been

expended, and when practicable and justifiable, such federal-aid highways must be included in

said systems.
N.D. Cent. Code § 24-02-11 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-11
24-02-11. Records of department open to public - Certain records not open to public - Certified copies
Status: in_force

24-02-11. Records of department open to public - Certain records not open to public -

Certified copies.

1. The director is custodian of, and shall preserve, the files and records of the

department. The files and records of the department must be open to public inspection

under reasonable regulations. However, records relating to the financial condition of

any party are not open to public inspection if that party:

a. Has applied for prequalification as a bidder;

b. Is designated as a prequalified bidder pursuant to this chapter;

c. Is an applicant under the disadvantaged business enterprise program;

d. Makes a submission in furtherance of being selected as a consultant;

e. Is selected as a consultant; or

f. Is subject to audit by the department.

2. Copies of files and records of the department, when certified by the director as being

true copies, must be received in evidence in any court in the state with the same force

and effect as the originals.

3. The books of account of the department must be kept accurately and completely as

must be prescribed or approved by the state auditor, which must show among other

things the following facts:

a. The cost of maintaining the department, including the salaries and expenses of

the individual members thereof.

b. The amounts of money expended for the construction or maintenance of the state

highways, when and where, and upon what job or portion of the road expended,

so that the cost per mile [1.61 kilometers] of the construction or maintenance can

be ascertained with ease.

c. The amount of road equipment and materials purchased and when and where

and from whom purchased. The book also must show the price paid for each

item. The original invoice or a photographic copy thereof must form a part of the

permanent files and records in the department.

d. The director shall charge a uniform fee, by type of record.
N.D. Cent. Code § 24-06-14 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-14
24-06-14. District overseer of highways
Status: in_force

24-06-14. District overseer of highways

In unorganized territory, the board of county commissioners shall appoint a district overseer

of highways whose power and duties are the same as in an organized township, and whose

compensation must be fixed by the board of county commissioners to be paid on presentation of

a verified bill at the regular meeting of the board of county commissioners. The board may, by

resolution, appoint one or more of its members as district overseers.
N.D. Cent. Code § 24-15-04 — ND Code / Title 24 / Chapter 24-15 / Section 24-15-04
24-15-04. Existing law preserved
Status: in_force

24-15-04. Existing law preserved

Nothing in this chapter may be deemed to limit or encroach upon the existing authority of

North Dakota law enforcement officers in the performance of their duties involving traffic control

and criminal apprehension.
N.D. Cent. Code § 24-02-40 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-40
24-02-40. Short-term financing
Status: in_force

24-02-40. Short-term financing

The department is hereby authorized, whenever needed, to arrange, with any state-owned

or private financing agency, including the Bank of North Dakota, short-term loans in the event

that construction funds on hand are insufficient to meet current obligations. Short-term financing

as provided herein must be in amounts no larger than can be repaid within four years from

moneys known to be due and forthcoming. In no event may such short-term financing be used

in anticipation of increased federal-aid highway grants or increased state highway user revenue

funds, nor may such loans be obligated for road construction that cannot be financed from a

known source of income.
N.D. Cent. Code § 24-02-01.4 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01.4
24-02-01.4. Structure of the department of transportation
Status: in_force

24-02-01.4. Structure of the department of transportation

The department of transportation must be structured to promote efficient and effective

operations consistent with fulfilling its statutory duties. The department of transportation must be

organized into offices, divisions, and districts as the director of the department of transportation

determines necessary, and as provided in this section.

1. The director shall establish an office of driver and vehicle services to administer the

department's regulatory authority over motor vehicle titling and registration, operator

licensing and traffic safety, and motor carriers. Operating expenses for functions

performed by the department under chapters 39-04 and 39-05 must be funded by

appropriations from collections made under those chapters before deposit into the

fund provided by section 54-27-19.

2. The director shall establish an office of state highways and engineering to administer

the department's authority and responsibilities over the construction, maintenance, and

repair of highways in this state, including the operation of district offices.

3. The director may establish an office of transportation planning to administer the

department's authority and responsibilities for planning all surface modes of

transportation, budgeting, development of programs and projects, data collection and

management, and research. Coordination must be established between the

aeronautics commission planning section and the department of transportation office

of planning for airport development as it pertains to surface access.

4. The director shall establish an office of management services in the department to

provide for the employment of human resources, finance and inventory control,

automation, and other administrative services.
N.D. Cent. Code § 24-05-18 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-18
24-05-18. Counties may cooperate with department - Procedure
Status: in_force

24-05-18. Counties may cooperate with department - Procedure

Whenever any board of county commissioners of any county decides that any county road

or roads in such county must be improved or constructed in cooperation with the department,

such board shall make written application to the director for the improvement and construction

thereof. If the director approves such application, the director, in writing, shall notify the said

board of such approval, and at the same time shall submit to the said board an estimate of the

cost of such improvement, including the cost of engineering, the purchase or acquirement of

right of way, and all other expenses, and the share or portion thereof which such county shall

bear. However, the director may not require any county to pay for the cost or expense of

acquiring right of way for the state highway system. Whenever the board of county

commissioners aforesaid shall elect to proceed with such improvement, the said board shall

adopt a resolution signifying such election and in such resolution must set aside out of such

funds as are or may become available the amount necessary to pay the county's share of the

cost of such improvement. Upon written demand of the director, the board of county

commissioners shall instruct and direct the county auditor by resolution to draw a warrant or

warrants on the county treasurer in favor of the contractor, or of the department, for the county's

share of such amount or amounts as may become due during the progress of such

improvement. The county shall also draw additional warrants in favor of the department as may

be necessary to reimburse it for the county's share of the cost of engineering and the acquisition

of right of way. Such warrants must be drawn by the county treasurer upon the certificate of the

director.
N.D. Cent. Code § 24-01-58 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-58
24-01-58. Hidden wounds veterans overpass - United States highway 281 - Continuing appropriation
Status: in_force

24-01-58. Hidden wounds veterans overpass - United States highway 281 - Continuing

appropriation.

The department shall designate the overpass on United States highway 281 between

twenty-fourth street southwest and twentieth street southwest in Jamestown as the hidden

wounds veterans overpass 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 overpass on United States highway 281

as the hidden wounds veterans overpass.
N.D. Cent. Code § 24-02-45.4 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-45.4
24-02-45.4. Cooperative agreement with Theodore Roosevelt national park for the maintenance of roadways off of the state highway system
Status: in_force

24-02-45.4. Cooperative agreement with Theodore Roosevelt national park for the

maintenance of roadways off of the state highway system.

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

with the Theodore Roosevelt national park for the joint maintenance of the park's transportation

network, off of the state highway system, for use by the traveling public. The director may

expend moneys from the state highway fund within the limits of legislative appropriations for the

maintenance of roadways within the Theodore Roosevelt national park, provided the director

requires the Theodore Roosevelt national park to reimburse all department costs.
N.D. Cent. Code § 24-16-06 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-06
24-16-06. Time limitation for removal
Status: in_force

24-16-06. Time limitation for removal

Any junkyard which is within one thousand feet [304.8 meters] of the nearest edge of the

right of way and visible from any highway of the state highway system which was lawfully in

existence on December 3, 1965, may be maintained in existence until December 3, 1970,

unless required to be removed prior thereto by order of the director.
N.D. Cent. Code § 24-05-10 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-10
24-05-10. Damages - How ascertained - Special board
Status: in_force

24-05-10. Damages - How ascertained - Special board

If the board of county commissioners is unable to purchase the lands required for the

purposes mentioned in section 24-05-09 at a price that the board determines reasonable, the

board by order or resolution shall declare the necessity for the taking of the lands. The board of

county commissioners shall appoint a special board consisting of the county auditor or the

county official responsible for the duties of the auditor and two other officials of the county to fix

the damages for the taking.
N.D. Cent. Code § 24-01-17 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-17
24-01-17. Grade crossing elimination
Status: in_force

24-01-17. Grade crossing elimination

The director has the authority to contract, on an equitable basis with any railway company,

and to let all the necessary contracts for the construction of bridges, underpasses, and

approaches necessary for the separation of grades at points of intersection between railroads

and the state highways.
N.D. Cent. Code § 24-01-20 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-20
24-01-20. Damages to be paid into court
Status: in_force

24-01-20. Damages to be paid into court

When the award of damages for the taking of land or materials, or both, has been

completed by the board of county commissioners, the director shall pay, or cause to be paid

from the state highway fund, into court, for the benefit of the owners of land to whom such

awards have been made, by depositing with the clerk of court of such county cash in the

amount of such award or awards.
N.D. Cent. Code § 24-07-34 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-34
24-07-34. Roads on lines between township and city
Status: in_force

24-07-34. Roads on lines between township and city

Whenever the board of supervisors of any township and the governing body of any

incorporated city shall receive a petition praying for the location of a road or for the altering or

discontinuing of any road on the line between such township and such city, such road may be

laid out, altered, or discontinued by the action of both boards. The provisions of this chapter

applicable to the laying out, altering, or discontinuing of a road on the line between two

townships are applicable to a road on the line between any township and an incorporated city.
N.D. Cent. Code § 24-01-49 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-49
24-01-49. Approach or escape road to be built at all dead end roads or intersections of county and state highways
Status: in_force

24-01-49. Approach or escape road to be built at all dead end roads or intersections

of county and state highways.

Whenever any highway on the state or county highway system has an intersection or dead

end, there must be constructed, whenever feasible, an approach or escape road, and when not

feasible, other protective devices such as warning signs, rumble strips, or barricades. This

section applies to new road construction and reconstruction after July 1, 1975.
N.D. Cent. Code § 24-18-05 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-05
24-18-05. Authority to establish truck axle configuration and weight limits associated with the one hundred twenty-nine thousand pound network
Status: in_force

24-18-05. Authority to establish truck axle configuration and weight limits associated

with the one hundred twenty-nine thousand pound network.

Notwithstanding any other provision of law, the department of transportation, in consultation

with the advisory committee, may adopt rules to establish the required axle configurations and

weight limit requirements for trucks weighing more than one hundred five thousand five hundred

pounds [47854 kilograms] utilizing the network established by this chapter.
N.D. Cent. Code § 24-12-02 — ND Code / Title 24 / Chapter 24-12 / Section 24-12-02
24-12-02. Obstructing highways
Status: in_force

24-12-02. Obstructing highways

No person may:

1. Obstruct any public highway in any manner with intent to prevent the free use thereof

by the public;

2. Willfully and knowingly obstruct or plow up, or cause to be obstructed or plowed up,

any public highway or right of way, except by order of the officials having jurisdiction

over such highway for the purpose of working or improving the same;

3. Build or place a barbed wire fence across any well-traveled trail which has been the

usual and common route of travel for not less than one year without placing on the

outside of the top tier of barbed wire on said fence a board, pole, or other suitable

protection, to be at least sixteen feet [4.88 meters] in length; or

4. Plow up a section line in a manner so as to obstruct usual travel on the section line.
N.D. Cent. Code § 24-01-41.2 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-41.2
24-01-41.2. Relocation of utility facilities - Political subdivision roads
Status: in_force

24-01-41.2. Relocation of utility facilities - Political subdivision roads

1. Whenever a political subdivision determines and orders that any utility facility that is or

may be located in, over, along, or under a road right of way under its authority,

qualifying for federal aid, should be changed, removed, or relocated to accommodate

the construction of a project, the utility owning or operating the facility shall change,

relocate, or remove the utility facility in accordance with the order of the political

subdivision; provided that the costs of the change, relocation, or removal, including the

cost of installing the facilities in a new location, must be ascertained and paid to the

affected utility by the political subdivision as part of the cost of the federally aided

project unless the payment would violate a legal contract between the utility and the

political subdivision or where the roadway existed before the utility facility.

2. As used in this section:

a. "Cost of change, relocation, or removal" includes the entire cost incurred by such

utility properly attributable to such change, relocation, or removal after deducting

therefrom any increase in the value of the new facility and any salvage value

derived from the old facility.

b. "Political subdivision" includes a county, city and county, city, home rule city,

service authority, school district, local improvement district, law enforcement

authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or

other special district, or any other municipal, quasi-municipal, or public

organization.

c. "Utility" includes all cooperatively, municipally, publicly, or privately owned utilities

for supplying water, sewer, light, gas, power, telegraph, telephone, transit,

pipeline, or like service to the public.

3. The political subdivision, in cooperation with utilities, shall develop or adopt

procedures for administration of utility facility relocation. The procedures must comply

with federal law. At a minimum, the procedures must address notification, coordination,

billing, and payment. The political subdivision shall coordinate with utilities that are

affected by the construction project as early as possible in the project development

process.

4. The political subdivision shall coordinate utility facility relocations with the affected

utility in an effort to minimize costs associated with utility facility relocations.

5. When a utility facility needs to be relocated, the political subdivision shall enter an

agreement with the utility indicating if the utility facility relocation work is eligible for

reimbursement, the estimated cost for the work, the anticipated construction schedule,

and the location of the work.

6. This section does not affect in any way the right of any utility to receive just

compensation for the expense of changing, removing, or relocating its facilities located

in a private right of way.
N.D. Cent. Code § 24-17-08 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-08
24-17-08. Compensation of board members
Status: repealed

24-17-08. Compensation of board members

Repealed by S.L. 1983, ch. 311, § 10.
N.D. Cent. Code § 24-02-33 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-33
24-02-33. Judgment against director - How collected
Status: in_force

24-02-33. Judgment against director - How collected

When judgment has been entered against the director, the same is not collectible or

enforceable by execution, but if the same provides for the payment of money by the director, it

must be paid in the same manner, to the same extent, and out of the same funds as though the

claims thus established had been recognized and allowed without arbitration. The performance

of the duty of the director with reference to payment or other compliance with such judgment

may be enforced by mandamus proceedings in the district courts of the state.
N.D. Cent. Code § 24-03-15 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-15
24-03-15. Sale of obsolescent highway equipment
Status: in_force

24-03-15. Sale of obsolescent highway equipment

The director is authorized to sell, exchange, or otherwise dispose of all obsolescent road

machinery, equipment, and material no longer needed, required, or useful for highway

purposes. All such obsolescent road machinery, equipment, and material offered for sale to

political subdivisions must be sold by negotiation to the purchasing political subdivision at the

department's established market value. All such obsolescent road machinery, equipment, and

material which is offered at general sale and valued at more than three thousand dollars must

be sold by public auction or by sealed bids at the highest and best bid, reserving the right to

reject all bids, with no money deposit required of any bidder prior to sale. Any funds or money

derived from the sale of such property must be credited to the funds from which such purchase

was made originally.
N.D. Cent. Code § 24-02-16 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-16
24-02-16. Basis of contracts for construction work
Status: in_force

24-02-16. Basis of contracts for construction work

The director may request bids and award contracts for construction work requiring the

contractor to furnish all equipment, labor, materials, and supplies for each particular contract or

project, or requiring the director to furnish and provide the contractor with materials and supplies

as the director may elect. If the director elects to provide materials and supplies for any project

or construction work, the director shall notify the office of management and budget of the fact

that the director has elected to furnish the materials and supplies. The office of management

and budget may either exempt the purchase and allow the director to request and let bids and

make the purchase, or the office of management and budget may handle the bidding and

purchasing through its central purchasing agency. Either the office of management and budget

or the director shall request proposals or bids for the total and aggregate of the materials and

supplies for any and all projects or construction work according to the class, type, and nature of

the materials and supplies and may award a contract or contracts therefor upon a basis deemed

efficient and economical, whether upon the basis of delivery to the construction project directly

or to a central storehouse or storehouses maintained by the state. The materials and supplies

purchased by the office of management and budget or the department of transportation may be

delivered to the project or construction work without expense to the contractor doing the

construction work or may be sold to the contractor at cost and made to constitute a part of the

construction cost, as the director may elect.
N.D. Cent. Code § 24-01-54 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-54
24-01-54. Theodore Roosevelt expressway - United States highway 85
Status: in_force

24-01-54. Theodore Roosevelt expressway - United States highway 85

Notwithstanding any previous designation, the department shall designate United States

highway 85 from the South Dakota border to the junction of United States highway 2 and United

States highway 2 from the Montana border to the junction of United States highway 85 as the

Theodore Roosevelt expressway and at a minimum shall place signs along the highway

designating that name and may use any appropriate signs donated to the department.
N.D. Cent. Code § 24-18-06 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-06
24-18-06. Preservation of existing truck weight provisions
Status: in_force

24-18-06. Preservation of existing truck weight provisions

This chapter does not modify or authorize any change to the existing weight limitations for

trucks with gross vehicle weight up to one hundred five thousand five hundred pounds [47854

kilograms] excluding the interstate system.
N.D. Cent. Code § 24-15-01 — ND Code / Title 24 / Chapter 24-15 / Section 24-15-01
24-15-01. Definition
Status: in_force

24-15-01. Definition

For the purpose of this chapter, a temporary roadblock means any structure, device, or

means used by police, sheriffs, deputy sheriffs, game wardens, highway patrol troopers, agents

of the federal bureau of investigation, or officers of the United States border patrol, for the

purpose of controlling traffic through a point on a highway, road, or street, whereby all vehicles

may be slowed or stopped.
N.D. Cent. Code § 24-02-40.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-40.1
24-02-40.1. Grant or revenue anticipation financing
Status: in_force

24-02-40.1. Grant or revenue anticipation financing

Notwithstanding any other provision of law, the department, whenever needed for the liberty

memorial bridge improvement project and the United States highway 2 project improvements,

may arrange with any state-owned or private financing agency or underwriter, including the

Bank of North Dakota, grant or revenue anticipation financing through the issuance of evidences

of indebtedness on such terms and conditions as the department determines if construction

funds on hand are insufficient to meet current obligations or to achieve cost-savings or

efficiencies in road construction. The department may refund the evidences of indebtedness as

often as it is advantageous to do so. Evidences of indebtedness may be sold at public or private

sale and must mature not more than fifteen years from their date or dates, and the proceeds of

the sale may be invested on such terms and conditions as the department determines. Grant or

revenue anticipation financing must be in amounts no larger than can be repaid from moneys

known or reasonably anticipated to be due and forthcoming. The grant or revenue anticipation

financing may not be used in anticipation of increased federal aid highway grants or increased

state highway user revenue funds, and the financing may not be obligated for road construction

that cannot be financed from known sources of grants or revenue. The department may pledge

any federal aid grants received or to be received for debt service and related issuance costs for

evidences of indebtedness issued under this section directly to a trustee in trust for payment to

holders of the evidences of indebtedness. The department may also pledge any biennially

appropriated revenues for debt service on the evidences of indebtedness directly to a trustee in

trust for payment to holders of the evidences of indebtedness. Any evidences of indebtedness

issued under this section are not general obligations or debt of the state, the department, or any

public officer or employee of the department or this state. The principal of and interest on the

evidences of indebtedness are limited obligations payable solely from grants or revenues

received or to be received by the department. The department may capitalize from proceeds of

the evidences of indebtedness all expenses incidental to issuing the evidences of indebtedness,

including any reserves for payment of the evidences of indebtedness.
N.D. Cent. Code § 24-01-53 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-53
24-01-53. Cost recovery for relocation of utility facilities due to implementation of the American Recovery and Reinvestment Act of 2009
Status: in_force

24-01-53. Cost recovery for relocation of utility facilities due to implementation of the

American Recovery and Reinvestment Act of 2009.

Expired under S.L. 2009, ch. 231, § 2.
N.D. Cent. Code § 24-03-02 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-02
24-03-02. Authority to construct and maintain state highway system
Status: in_force

24-03-02. Authority to construct and maintain state highway system

The director has the authority, and is responsible for the construction, maintenance,

protection, and control of the highways which comprise the state highway system. The director

shall patrol and keep said system in good and safe condition for general public use.
N.D. Cent. Code § 24-06-11 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-11
24-06-11. Construction of crossings over ditches, drains, and roads
Status: in_force

24-06-11. Construction of crossings over ditches, drains, and roads

Whenever a township constructs a ditch or drain in connection with road building, and such

ditch, drain, or road interferes with the ingress or egress of any owner of adjoining land, the

township shall install crossings at such point or points as will afford the owner or owners of the

premises suitable ingress thereto or egress therefrom.
N.D. Cent. Code § 24-05-22 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-22
24-05-22. Graded inslope requirement - Exceptions
Status: in_force

24-05-22. Graded inslope requirement - Exceptions

The requirement of section 24-05-21 as to a graded inslope of all roads and approaches

does not apply:

1. Where the governing body having authority over such roads and approaches exempts

such roads and approaches from the requirement of section 24-05-21 due to factors

causing an unduly prohibitive cost of compliance.

2. To roads and approaches of the state highway system which intersect county or

township roads.

3. To roads and approaches which intersect county roads constructed in compliance with

requirements of the federal-aid system.
N.D. Cent. Code § 24-01-35 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-35
24-01-35. Local service roads
Status: in_force

24-01-35. Local service roads

In connection with the development of any controlled-access facility the state, county, or

municipal highway authorities are authorized to plan, designate, establish, use, regulate, alter,

improve, maintain, and vacate local service roads and streets or to designate as local service

roads and streets any existing road or street, and to exercise jurisdiction over service roads in

the same manner as is authorized over controlled-access facilities, if, in their opinion, such local

service roads and streets are necessary or desirable. Such local service roads or streets must

be of appropriate design and must be separated from the controlled-access facility proper by

means of all devices designated as necessary or desirable by the proper authority.
N.D. Cent. Code § 24-01-25 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-25
24-01-25. Fees not charged for recording instruments
Status: in_force

24-01-25. Fees not charged for recording instruments

No fees may be charged or collected by the county auditor, the recorder, or the clerk of

court for any services rendered for the recording or filing of any document required under this

chapter.
N.D. Cent. Code § 24-04-04 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-04
24-04-04. Municipalities may aid federal highway construction
Status: in_force

24-04-04. Municipalities may aid federal highway construction

A municipality, through its governing body, wherever a federal-aid highway is routed through

such municipality, may participate in the financing, planning, construction, and acquisition of

right of way of said highway.
N.D. Cent. Code § 24-08-03 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-03
24-08-03. Bridges - Supervision, repairs, bids, signs - Liability
Status: in_force

24-08-03. Bridges - Supervision, repairs, bids, signs - Liability

1. Each bridge built under the provisions of section 24-08-01 is under the supervision of

the board of county commissioners, and the county shall pay the cost of rebuilding or

repairing these bridges.

2. If the cost of rebuilding or repairing a bridge would exceed two hundred thousand

dollars on estimate of the county engineer and upon the approval of the estimate by

the department, the county commissioners shall advertise for bids and award the

contract pursuant to section 24-08-01. For any contract for a bridge 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 bridge is

destroyed by a flood, fire, or other casualty and the public interest would suffer by the

delay from advertising for bids and awaiting the contract pursuant to section 24-08-01,

the county commissioners may promptly contract for the rebuilding or repair of the

bridge without advertising for bids, regardless of the cost.

3. The board of county commissioners 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

county road system in the county.

4. If any bridge on the county road system is deemed unsafe for public use by the board

of commissioners, it immediately shall take steps to close the bridge and prevent its

use by the public.

5. If any bridge on the county road system is deemed unsafe for loads in excess of a

certain weight, the board of commissioners shall post, by January 1, 1985, load limit

signs which must comply with the standards for uniform traffic control devices

prescribed by the director under section 39-13-07.

6. The county is not immune from claims or suits for damages arising out of negligent

failure to perform the inspection, signing, and repair duties required by this section.
N.D. Cent. Code § 24-01-38 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-38
24-01-38. Bridge across Yellowstone River in McKenzie County
Status: repealed

24-01-38. Bridge across Yellowstone River in McKenzie County

Repealed by S.L. 1963, ch. 212, § 1.
N.D. Cent. Code § 24-16-02 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-02
24-16-02. Definitions
Status: in_force

24-16-02. Definitions

1. "Automobile graveyard" means any establishment or place of business or location that

is maintained, used, or operated for storing, keeping, buying, or selling wrecked,

scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or

machinery of all types.

2. "Commissioner" means the director of the department of transportation or authorized

agents as provided by section 24-02-01.3.

3. "Highway" means any highway as defined in subsection 22 of section 24-01-01.1.

4. "Junk" means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash,

rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts

thereof or iron, steel, and other old or scrap ferrous or nonferrous material.

5. "Junkyard" means a business establishment or a place which is maintained, operated,

or used for placing, storing, keeping, buying, or selling junk, or for the maintenance,

use, or operation of an automobile graveyard and the term includes garbage dumps

and sanitary fills.
N.D. Cent. Code § 24-03-07 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-07
24-03-07. Drains across state highways
Status: in_force

24-03-07. Drains across state highways

The director, when notified by the board of drain commissioners of any drainage district that

it is necessary to run a drain across any state or federal-aid highway, shall make the necessary

opening through such highway and shall build and keep in repair suitable culverts or bridges, as

provided in title 61.
N.D. Cent. Code § 24-02-25 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-25
24-02-25. Payments made monthly to contractors
Status: in_force

24-02-25. Payments made monthly to contractors

Payment must be made monthly to the contractor for all work done or material furnished, in

such amount as must be determined by the director, but in no event less than ninety percent nor

more than ninety-nine percent thereof, and payment must be made in full upon the completion

of the contract and acceptance of the work.
N.D. Cent. Code § 24-01-63 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-63
24-01-63. Petty Officer Third Class Patrick G Glennon Vietnam bridge - State highway 30 - Continuing appropriation
Status: in_force

24-01-63. Petty Officer Third Class Patrick G. Glennon Vietnam bridge - State highway

30 - Continuing appropriation.

The department shall designate the bridge on state highway 30 between the junction of

seventeenth street northeast and the junction of nineteenth street northeast as the Petty Officer

Third Class Patrick G. Glennon 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 30 as the Petty Officer Third Class Patrick G. Glennon Vietnam bridge.
N.D. Cent. Code § 24-10-07 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-07
24-10-07. Failure to keep cattle way in repair
Status: in_force

24-10-07. Failure to keep cattle way in repair

If the person on whose land a cattle way is constructed fails to keep the cattle way in repair,

the overseer of highways shall make all necessary repairs and shall charge the expenses to the

person who requested the way be constructed or to that person's assignee. Upon refusal by that

person to pay, the county or township board in which the cattle way is situated shall recover the

expenses in an action brought in the name of the county or township and the state's attorney

shall prosecute the action. The money, when collected, must be expended in improving or

repairing the public roads in the road district where the cattle way is constructed.
N.D. Cent. Code § 24-01-02 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-02
24-01-02. Designation of state highway system
Status: in_force

24-01-02. Designation of state highway system

The director is hereby vested with complete authority to designate, locate, create, and

determine what roads, highways, and streets constitute the state highway system, subject

however, to such conditions, requirements, and mileage limits as provided for by law. The total

mileage of the state highway system may be increased by not more than fifty miles [80.47

kilometers] in any one calendar year. In designating, locating, creating, and determining the

several routes of the state highway system, the director shall take into account such factors as

the actual or potential traffic volumes, the type of service class, the construction of bypasses

and alternate routes, the conservation and development of the state's natural resources, the

general economy of the state and communities, and the desirability of fitting such system into

the general scheme of the nationwide network of highways.
N.D. Cent. Code § 24-09-02 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-02
24-09-02. Uniform warning systems at railroad crossings
Status: in_force

24-09-02. Uniform warning systems at railroad crossings

The department shall adopt and prescribe uniform warning systems in conformity with

sections 39-13-06 and 39-13-07 for use at public grade crossings in this state which will be

deemed adequate and appropriate warning of the existence and nature of such grade crossings

for all purposes whatsoever.
N.D. Cent. Code § 24-17-11 — ND Code / Title 24 / Chapter 24-17 / Section 24-17-11
24-17-11. Unlawful advertising
Status: in_force

24-17-11. Unlawful advertising

Any advertising sign which violates the provisions of this chapter or the rules adopted by the

director is hereby declared to be illegal. The director shall give thirty days' notice, by certified

mail, to the owner thereof to remove the same if it is a prohibited sign, or cause it to conform to

rules promulgated by the director if it is an authorized sign. If the owner fails to act within thirty

days as required in the notice, or if the director is unable to ascertain the ownership of the sign,

then such sign must be deemed abandoned and the director may remove such sign, and to this

end the director may enter upon private property for the purpose of removing such sign without

liability for the director's actions.
N.D. Cent. Code § 24-06-34 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-34
24-06-34. Notice to water resource districts
Status: in_force

24-06-34. Notice to water resource districts

Whenever a county or township plans to construct or reconstruct a bridge, install or modify

a culvert, or construct or reconstruct a drain in connection with a roadway or railway, the county

or township shall provide notice in any way to the water resource board of the water resource

district in which is located the bridge, culvert, or drain. This notice must be given at least thirty

days prior to the date construction or reconstruction is to begin. The water resource board may

submit comments concerning the construction or reconstruction to the appropriate officials of

the county or township. This section does not apply in times of emergency, unexpected events,

or acts of God.
N.D. Cent. Code § 24-16-01 — ND Code / Title 24 / Chapter 24-16 / Section 24-16-01
24-16-01. Legislative intent
Status: in_force

24-16-01. Legislative intent

The legislative assembly declares that the establishment, use, and maintenance of

junkyards in areas adjacent to the state highway system should be controlled to protect the

public health, welfare, and morals; conserve the public investment in such highways; promote

the safety and recreational value of public highways; and preserve natural beauty.
N.D. Cent. Code § 24-08-01 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-01
24-08-01. Construction of bridges by board of county commissioners - Bids - Rejection
Status: in_force

24-08-01. Construction of bridges by board of county commissioners - Bids -

Rejection.

If the board of county commissioners approves the construction of a bridge, the county shall

proceed to advertise by publication at least once each week, for two successive weeks, in the

official newspaper of the county, the plans and specifications of the proposed bridge, asking for

sealed bids for the construction of the bridge to be submitted to the board of county

commissioners at the next regular or special meeting of the board, at which time the board shall

proceed to examine all proposals or bids. The first publication for bids must be made at least

fifteen days before the meeting of the board to examine the proposals or bids. Upon the receipt

of satisfactory bids, the board shall award the contract to the lowest responsible bidder,

requiring the bidder to give a bond in a sum not less than the amount stipulated in the bid or

contract, conditioned for the faithful compliance with the terms of the bid or contract, the bond to

be approved by the board and filed in the office of the county auditor. If no satisfactory bids are

received, the board may reject all bids. If all bids are rejected, the board shall readvertise for

bids in accordance with this section. If the amount of the lowest responsible bid is less than

fifteen thousand dollars, the board may refuse all bids received and proceed to construct the

bridge under its own supervision as it deems most expedient and may enter into contracts for

the labor or material to be used in the construction of the bridge.
N.D. Cent. Code § 24-07-24 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-24
24-07-24. Appeals - Filing - Approval of undertaking - Service
Status: in_force

24-07-24. Appeals - Filing - Approval of undertaking - Service

The notice of appeal and undertaking to the district court must be filed with the clerk of the

court and the undertaking must be approved by the judge thereof or by the county auditor. The

notice of appeal must be served upon some member of the board by which the determination

was made.
N.D. Cent. Code § 24-18-02 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-02
24-18-02. Process for modification
Status: in_force

24-18-02. Process for modification

1. The department of transportation shall establish a process to adjust the network by

adding specific segments of the United States or state highway system. The process

must include an advisory committee to provide input to the department in actions taken

to adjust the system, taking into consideration the economic needs and benefits,

investment and maintenance requirements, and safety.

2. The department shall establish a request mechanism for commercial entities and for

individuals who reside in the state to request specific augmentations of the system

based on economic need and outcomes.
N.D. Cent. Code § 24-02-01.1 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-01.1
24-02-01.1. Department of transportation - Creation - Transfer of functions
Status: in_force

24-02-01.1. Department of transportation - Creation - Transfer of functions

The department of transportation is established as an executive department of this state.

Transferred to and vested in the department of transportation are the functions, powers, and

duties of the following governmental agencies:

1. The highway department, the highway commissioner, and the chief engineer, including

titles 24 and 39, chapter 49-17.1, and sections 49-10.1-17, 49-17.2-27, and 55-01-01.

2. The motor vehicle department and the registrar of motor vehicles, including title 39,

chapter 57-40.3, and section 26.1-41-02.
N.D. Cent. Code § 24-05-16 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-16
24-05-16. County road system - Designation
Status: in_force

24-05-16. County road system - Designation

The county road system must be the roads designated and selected by the boards of

county commissioners. The director must be informed of the system so designated. Any

changes of the original designation which can be justified and based on new developments

must be made by the board of county commissioners and the director must be notified of such

changes. In designating and selecting roads on the county road system, the boards of county

commissioners of the several counties shall take into account such factors as the actual or

potential traffic volumes, the conservation and development of the county's natural resources,

the general economy of the communities, and the desirability of integrating such county roads

into the general scheme of the statewide network of county roads.
N.D. Cent. Code § 24-02-36 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-36
24-02-36. State funds not used on feeder roads
Status: in_force

24-02-36. State funds not used on feeder roads

Except as provided in section 24-01-48, no state funds may be expended for feeder roads

or other roads not on the state highway system except for the necessary administrative costs

and for such work as is reimbursable from federal or county funds or from funds of other

organizations or governmental departments for which reimbursement arrangements have been

made. After completion of any such cooperative construction, all authority and control over

roads off the state highway system must be returned to the local authorities under whom control

was vested previously.
N.D. Cent. Code § 24-07-21 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-21
24-07-21. Repair of highways across railroads, canals, or ditches
Status: in_force

24-07-21. Repair of highways across railroads, canals, or ditches

Whenever highways are laid out across railroads, canals, or ditches on public lands, the

owners at their own expense shall so repair their railroads, canals, or ditches that the public

highway may cross the same without damage or delay, and when the right of way for a public

highway is obtained through the judgment of any court, over any railroad, canal, or ditch, no

damages must be awarded for the simple right to cross the same.
N.D. Cent. Code § 24-03-10 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-10
24-03-10. Public officers - Warning sign placement duty
Status: in_force

24-03-10. Public officers - Warning sign placement duty

Whenever a township, county, or the department shall construct, improve, or repair any

road, culvert, or bridge, or shall gravel any road, and such work renders travel on such road,

culvert, or bridge unsafe or dangerous, the board of supervisors of any such township, the

board of county commissioners of any such county, or the director or any foreman or other

person in charge of such work, shall place such warning signs as provided in section 24-03-09.
N.D. Cent. Code § 24-04-05 — ND Code / Title 24 / Chapter 24-04 / Section 24-04-05
24-04-05. Municipalities may pay share of highway cost by taxes or special assessments
Status: in_force

24-04-05. Municipalities may pay share of highway cost by taxes or special

assessments.

Any municipality may raise funds for the purpose of meeting its share of the cost of

construction, financing, planning, or acquiring a right of way of a federal-aid highway through

general taxes to be levied at large throughout such municipality, or where such highway in the

opinion of the governing body of said municipality particularly and materially benefits property

abutting thereon, may provide said sum through special assessment.
N.D. Cent. Code § 24-01-47 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-47
24-01-47. Legislative intent - Access routes
Status: in_force

24-01-47. Legislative intent - Access routes

It is the intent of the legislative assembly that the director have sufficiently broad authority to

provide, within means available, and with cooperation from political subdivisions, for an

integrated highway system, including reasonable access from the interstate highways to the

municipalities most directly affected by the construction of such highway.
N.D. Cent. Code § 24-02-51 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-51
24-02-51. Federal transportation-related grants
Status: in_force

24-02-51. Federal transportation-related grants

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 administration of grants and

other discretionary funding mechanisms administered through any appropriate federal agency

which the department is otherwise eligible for. The department may accept all eligible matching

funding sources, whether public or private, as authorized by the provisions of the federal agency

providing the grant or funding, for the purpose of administering a program. All eligible match

funding must be deposited with the state treasurer in the flexible transportation fund and be

made available in accordance with the grant requirements.
N.D. Cent. Code § 24-18-01 — ND Code / Title 24 / Chapter 24-18 / Section 24-18-01
24-18-01. Primary network
Status: in_force

24-18-01. Primary network

The department of transportation shall establish a limited transportation network within this

state. The initial network consists of selected highways and the interstate system to serve as the

foundation for this system. The department may modify the foundation through a public

involvement process established by the department. The foundation for the system consists of:

1. United States highway 83 from the South Dakota border to Minot;

2. United States highway 85 from the South Dakota border to Williston;

3. United States highway 52 from Minot to the Canadian border;

4. United States highway 2 from the Montana border to the Minnesota border;

5. Interstate highway 94 from the Montana border to the Minnesota border, subject to

federal approval; and

6. Interstate highway 29 from the South Dakota border to the Canadian border, subject to

federal approval.
N.D. Cent. Code § 24-02-35 — ND Code / Title 24 / Chapter 24-02 / Section 24-02-35
24-02-35. Contracts - For road and bridge work and materials - Awarding to residents of North Dakota and giving preference to residents of North Dakota
Status: repealed

24-02-35. Contracts - For road and bridge work and materials - Awarding to residents

of North Dakota and giving preference to residents of North Dakota.

Repealed by S.L. 1959, ch. 234, § 1.
N.D. Cent. Code § 24-08-08 — ND Code / Title 24 / Chapter 24-08 / Section 24-08-08
24-08-08. Bridge funds to be turned over to city
Status: in_force

24-08-08. Bridge funds to be turned over to city

The county treasurer of each county wherein any city has constructed a bridge, or hereafter

shall construct a bridge, over any navigable stream, shall pay to the auditor of such city whereby

such bridge has been constructed or is about to be constructed, all money in the county

treasury or which may come into the county treasury in the bridge fund of such county, which

may have been or which shall be levied, assessed, and collected from persons and property, or

either, in said city.
N.D. Cent. Code § 24-01-39 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-39
24-01-39. Use of right of way for utilities subject to regulations by department
Status: in_force

24-01-39. Use of right of way for utilities subject to regulations by department

Electric transmission, telephone or telegraph lines, pole lines, railways, ditches, sewers,

water, heat, or pipelines, gas mains, flumes, or other structures outside of the limits of any

municipality which under the laws of this state, may be constructed, placed, or maintained

across or along any highway which is a part of the state highway system, by any person,

persons, corporation, limited liability company, or subdivision of the state, may be so maintained

or constructed only in accordance with such regulations as may be prescribed by the

department, which has power to prescribe and enforce reasonable rules and regulations with

reference to the placing and maintaining along, across, or on any such state highway any of the

utilities hereinbefore set forth. Nothing herein restricts the action of public authorities in

extraordinary emergencies. Nothing in this chapter contained may be construed as modifying or

abridging the powers conferred upon the public service commission in title 49, the intent of this

section being that the powers hereby granted to the department may be exercised only in such

manner as not to conflict with valid exercise by the public service commission of the powers

granted to it.
N.D. Cent. Code § 24-09-12 — ND Code / Title 24 / Chapter 24-09 / Section 24-09-12
24-09-12. Advertising signs not to obstruct or resemble crossing signs
Status: in_force

24-09-12. Advertising signs not to obstruct or resemble crossing signs

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

advertising sign or other similar obstruction upon, over, or adjacent to any highway between any

approach sign and the grade crossing which it marks, nor may any person, firm, corporation, or

limited liability company place or maintain, upon, over, or adjacent to any public highway in this

state any sign or symbol in any manner resembling the signs provided for in this chapter.
N.D. Cent. Code § 24-10-08 — ND Code / Title 24 / Chapter 24-10 / Section 24-10-08
24-10-08. Board may prescribe regulations
Status: in_force

24-10-08. Board may prescribe regulations

The board granting an application to construct a cattle way may prescribe such further

regulations and specifications in the construction of such way as it may deem proper, not

inconsistent with the provisions of sections 24-10-06 and 24-10-07.
N.D. Cent. Code § 24-05-03 — ND Code / Title 24 / Chapter 24-05 / Section 24-05-03
24-05-03. Payments made for completed work only
Status: in_force

24-05-03. Payments made for completed work only

The board of county commissioners, in case of each improvement ordered by it, shall

designate the place of beginning and the direction in which the work must proceed, and shall

require the same to be completed mile [1.61 kilometers] by mile [1.61 kilometers] or in parts of

miles [kilometers] continuously, as ordered, and no payment may be made except for work so

completed. It also may require the supervision of the work by the county surveyor, so far as

deemed necessary, and shall require the county surveyor to compute and estimate the amount

of completed work and to certify the same to the county auditor at the end of each month, and

all the work contracted for must be completed prior to the first day of November next following.

The provisions of this section and the orders and directions of the board made in pursuance

thereof must constitute a part of the provisions and conditions of every such contract, whether

expressed therein or not.
N.D. Cent. Code § 24-07-06 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-06
24-07-06. Public road may be established to give access to highway
Status: in_force

24-07-06. Public road may be established to give access to highway

Whenever any tract of land is surveyed or sold in tracts less than the original subdivision as

established by the government survey thereof, so that any part thereof does not touch upon a

public road so as to allow the owner of such tract access to a public highway, the board of

county commissioners or board of township supervisors, upon petition of such owner, may open

a public road to gain access to any such tract or tracts when in the judgment of such board such

public road is necessary and that it is of sufficient benefit to the county or township as a whole,

but no such public road may exceed two rods [10.06 meters] in width unless in the judgment of

such board a roadway of such width is not sufficient to accommodate the travel thereon.
N.D. Cent. Code § 24-01-18 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-18
24-01-18. Right of way and materials may be acquired by purchase or eminent domain
Status: in_force

24-01-18. Right of way and materials may be acquired by purchase or eminent

domain.

The director, by order, on behalf of the state, and as part of the cost of constructing,

reconstructing, widening, altering, changing, locating, relocating, aligning, realigning, or

maintaining a state highway, or of providing a temporary road for public use, may purchase,

acquire, take over, or, subject to section 32-15-01, condemn under the right and power of

eminent domain, for the state, any and all lands in fee simple or such easements thereof which

the director deems necessary for present public use, either temporary or permanent, or which

the director deems necessary for reasonable future public use, and to provide adequate

drainage in the improvement, construction, reconstruction, widening, altering, changing,

locating, relocating, aligning, realigning, or maintaining of a state highway, provided, however,

as to any and all lands acquired or taken for highway, road, or street purposes, the director may

not obtain any rights or interest in or to the oil, gas, or fluid minerals on or underlying said lands.

No county may be required to participate in the cost or expense of right of way for the state

highway system. By the same means, the director may secure any and all materials, including

clay, gravel, sand, or rock, or the lands necessary to secure such material, and the necessary

land or easements thereover, to provide ways and access thereto. The director may acquire

such land or materials notwithstanding that the title thereto may be vested in the state or any

division thereof; provided, however, that no interests in gas, oil, or fluid minerals may be

acquired by this procedure.
N.D. Cent. Code § 24-01-07 — ND Code / Title 24 / Chapter 24-01 / Section 24-01-07
24-01-07. Maps of state, county, and municipal systems
Status: in_force

24-01-07. Maps of state, county, and municipal systems

The department at all times shall provide and maintain a map of the state, which must show

all the highways which have been designated, located, created, and constituted as part of the

state highway system, the county road system, and the municipal arterial street system, and if

practical the status of improvement thereof.
N.D. Cent. Code § 24-07-22 — ND Code / Title 24 / Chapter 24-07 / Section 24-07-22
24-07-22. Appeals - When and where taken
Status: in_force

24-07-22. Appeals - When and where taken

Any person who feels aggrieved by any determination or award of damages made by the

board having jurisdiction, either in laying out, altering, or discontinuing, or in refusing to lay out,

alter, or discontinue, any highway or cartway, within thirty days after the filing of such

determination or award of damages, as provided in this chapter, may appeal therefrom to the

district court in accordance with the procedure provided in section 28-34-01.
N.D. Cent. Code § 24-03-08 — ND Code / Title 24 / Chapter 24-03 / Section 24-03-08
24-03-08. Determinations of surface water flow and appropriate highway construction
Status: in_force

24-03-08. Determinations of surface water flow and appropriate highway

construction.

Whenever and wherever a highway under the supervision, control, and jurisdiction of the

department or under the supervision, control, and jurisdiction of the board of county

commissioners of any county or the board of township supervisors has been or will be

constructed over a watercourse or draw into which flow surface waters from farmlands, the

department of water resources, upon petition of the majority of landowners of the area affected

or at the request of the board of county commissioners, township supervisors, or a water

resource board, shall determine as nearly as practicable the design discharge that the crossing

is required to carry to meet the stream crossing standards prepared by the department and the

department of water resources. When the determination has been made by the department of

water resources, the department of transportation, the board of county commissioners, or the

board of township supervisors, as the case may be, upon notification of the determination, shall

install a culvert or bridge of sufficient capacity to permit the water to flow freely and unimpeded

through the culvert or under the bridge. The department, county, and township are not liable for

any damage to any structure or property caused by water detained by the highway at the

crossing if the highway crossing has been constructed in accordance with the stream crossing

standards prepared by the department and the department of water resources.
N.D. Cent. Code § 24-06-29 — ND Code / Title 24 / Chapter 24-06 / Section 24-06-29
24-06-29. Removal of permanent obstructions - Removal of obstructions and traffic safety hazards - Cost
Status: in_force

24-06-29. Removal of permanent obstructions - Removal of obstructions and traffic

safety hazards - Cost.

1. If a person places or causes to be placed a permanent obstruction within the vertical

plane of thirty-three feet [10.06 meters] of any section line or within the right of way of

any highway, the board of county commissioners or board of township supervisors, as

appropriate, when a public highway is opened, shall notify the owners of adjacent

property to remove the permanent obstruction. Written notice by registered mail to the

record owner of the adjacent property mailed to the owner's last-known address and to

any other persons in possession of the property constitutes valid notice. If the owners

fail to remove the permanent obstruction within thirty days after the notice is mailed,

the board of county commissioners or the board of township supervisors, as

appropriate, shall remove the permanent obstruction. The cost of removal must be

entered the same as taxes against the adjacent property and paid in the same manner

as taxes.

2. If a person places or causes to be placed an obstruction or traffic safety hazard within

the vertical plane of thirty-three feet [10.06 meters] of any section line or within the

right of way of any highway road surface, the board of county commissioners or board

of township supervisors, as appropriate, shall issue a written order to the person who

caused the obstruction or traffic safety hazard to be placed there to remove the

obstruction or traffic safety hazard. If the person notified fails to remove the obstruction

or traffic safety hazard as soon as practical after the notice is received, the board of

county commissioners or board of township supervisors, as appropriate, shall remove

the obstruction or traffic safety hazard. The person responsible for placement of the

obstruction or traffic safety hazard is responsible and may be billed for any costs

incurred by the county or township for removal of the obstruction or traffic safety

hazard.

3. Subsection 2 does not apply to railroad facilities.