N.D. Cent. Code § 58-04-09 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-09
58-04-09. Challenge to voter - Duty of judges
Status: repealed

58-04-09. Challenge to voter - Duty of judges

Repealed by S.L. 2013, ch. 167, § 8.
N.D. Cent. Code § 58-03-18 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-18
58-03-18. Limitation on authority - Seed
Status: in_force

58-03-18. Limitation on authority - Seed

Notwithstanding any other law, a township may not impose any requirements or restrictions

pertaining to the registration, labeling, distribution, sale, handling, use, application,

transportation, or disposal of seed.
N.D. Cent. Code § 58-03-21 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-21
58-03-21. When a township may maintain or vacate streets in a dissolved city
Status: in_force

58-03-21. When a township may maintain or vacate streets in a dissolved city

If a dissolved city is located in an organized township, the township may choose to maintain

or vacate, under chapter 40-39, the streets and alleys in the dissolved city.
N.D. Cent. Code § 58-03-01 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-01
58-03-01. Powers of township
Status: in_force

58-03-01. Powers of township

Each township is a body corporate and has capacity:

1. To sue and be sued.

2. To purchase and hold lands within its limits and for the use of its inhabitants subject to

the powers of the legislative assembly.

3. To make such contracts and purchase and hold such personal property as may be

necessary for the exercise of its corporate or administrative powers.

4. To make such orders for the disposition, regulation, or use of its corporate property as

may be deemed conducive to the interests of its inhabitants.
N.D. Cent. Code § 58-03-08 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-08
58-03-08. Establishment of public library and reading room
Status: repealed

58-03-08. Establishment of public library and reading room

Repealed by S.L. 1971, ch. 410, § 4.
N.D. Cent. Code § 58-01-01.1 — ND Code / Title 58 / Chapter 58-01 / Section 58-01-01.1
58-01-01.1. Freeholder defined
Status: in_force

58-01-01.1. Freeholder defined

As used in this title, unless the context or subject matter requires otherwise, "freeholder"

means the legal title owner of the surface estate in real property.
N.D. Cent. Code § 58-05-03 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-03
58-05-03. When term of office begins
Status: repealed

58-05-03. When term of office begins

Repealed by S.L. 1951, ch. 333, § 1.
N.D. Cent. Code § 58-13-04 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-04
58-13-04. Notice of impoundment - Foreclosure of lien
Status: in_force

58-13-04. Notice of impoundment - Foreclosure of lien

If the actual charges and expenses of the poundmaster are not paid and the animals are not

removed within five days after they are impounded, the poundmaster shall give notice by

publication in the official newspaper of the township if one has been designated or, if one has

not been designated, in the official newspaper of the county in which the animals are

impounded. The notice must provide that unless the animals are removed and the charges and

expenses paid within ten days after the date of the notice, the poundmaster shall sell the

animals at a public sale, as provided in the notice. On the day designated in the notice, the

poundmaster shall expose the animals for sale and sell them to the highest bidder.
N.D. Cent. Code § 58-03-17 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-17
58-03-17. Regulation of animal feeding operations - Central repository
Status: in_force

58-03-17. Regulation of animal feeding operations - Central repository

Any zoning regulation that pertains to an animal feeding operation, as defined in

section 58-03-11.1, is not effective until filed with the department of environmental quality for

inclusion in the central repository established under section 23.1-01-10.
N.D. Cent. Code § 58-14-06 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-06
58-14-06. Payment of judgment against township
Status: in_force

58-14-06. Payment of judgment against township

When a judgment is recovered against any township, an execution may not be issued upon

the judgment, but the judgment, unless reversed or stayed on appeal, must be paid by the

township treasurer upon demand and the delivery to the township treasurer of a certified copy of

the docket of the judgment if there is sufficient money of the township in the treasurer's hands

not otherwise appropriated. If the treasurer, after having been ordered to pay such judgment by

the board of township supervisors, fails to pay it when there is sufficient unappropriated money

on hand with which to do so, the township treasurer personally is liable for the amount unless

collection thereof afterwards is stayed upon appeal.
N.D. Cent. Code § 58-01-02 — ND Code / Title 58 / Chapter 58-01 / Section 58-01-02
58-01-02. Territory in city not subject to provisions of title
Status: in_force

58-01-02. Territory in city not subject to provisions of title

Nothing contained in this title applies in any way to any portion of the state which is

embraced within the limits of any incorporated city.
N.D. Cent. Code § 58-04-11 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-11
58-04-11. Names of all candidates to be on one ballot
Status: in_force

58-04-11. Names of all candidates to be on one ballot

When the electors vote by ballot, all the candidates voted for must be named on one ballot,

which must contain, written or printed or partly written and partly printed, the names of the

persons voted for and the offices to which such persons are intended to be chosen.
N.D. Cent. Code § 58-11-05 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-05
58-11-05. Report to be read at township meeting - Reference to committee
Status: in_force

58-11-05. Report to be read at township meeting - Reference to committee

The report of the board of auditors must be produced and must be read publicly by the

township clerk at the next ensuing township meeting, and the whole or any portion of such

report may be referred by order of the meeting to a committee whose duty it is to examine the

same and report thereon to the meeting.
N.D. Cent. Code § 58-04-07 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-07
58-04-07. Proclamation of opening and closing polls
Status: in_force

58-04-07. Proclamation of opening and closing polls

Before the electors proceed to elect any township officer, the moderator shall proclaim the

opening of the polls, and proclamation in like manner must be made of any adjournment and of

the opening and closing of the polls until the election is ended.
N.D. Cent. Code § 58-02-30 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-30
58-02-30. Township attached to other assessment district - Levy for payment of township debts
Status: repealed

58-02-30. Township attached to other assessment district - Levy for payment of

township debts.

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 58-05-09 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-09
58-05-09. Penalty for neglect to take oath
Status: in_force

58-05-09. Penalty for neglect to take oath

If any township officer who is required by law to take an oath of office enters upon the duties

of the office before taking such oath, the person shall forfeit to the township the sum of fifty

dollars.
N.D. Cent. Code § 58-07-05 — ND Code / Title 58 / Chapter 58-07 / Section 58-07-05
58-07-05. Destruction of township records
Status: in_force

58-07-05. Destruction of township records

After the same have first been offered to the state archivist for preservation as archival

resources, the township clerk shall destroy by any suitable means as determined by the board

of township supervisors any of the following books, forms, or blanks after the same have

become ten years old:

1. Election pollbooks.

2. Election registration books.

3. Petitions of candidates.

4. All election forms, blanks, books, and records of every kind and description except

abstracts of votes.

5. Assessment slips.

6. Township board of equalization records.

7. Claims vouchers which have been audited and paid.

8. Certificates of officials' bonds.

9. Insurance policies which have become obsolete.
N.D. Cent. Code § 58-02-13 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-13
58-02-13. Obligation to pay taxes assessed or indebtedness incurred prior to township alteration continues
Status: in_force

58-02-13. Obligation to pay taxes assessed or indebtedness incurred prior to

township alteration continues.

Property which has been detached from an organized civil township under any provision of

this chapter remains liable for and subject to any tax levied or assessed in the township of which

it was a part prior to such detachment. A portion of any township annexed to another township

and a city separated from a civil township of which it was a part shall not be released or

discharged from the payment of any bonded or other indebtedness that may have existed

against the township from which it was detached or separated.
N.D. Cent. Code § 58-05.1-01 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-01
58-05.1-01. Definitions
Status: in_force

58-05.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Adjoining townships" means two or more townships that have a common boundary or

touch at the corners and are in the same county.

2. "Multitownship board of officers" means a board of officers established for two or more

townships consisting of a multitownship board of supervisors, a multitownship clerk,

and a multitownship treasurer.
N.D. Cent. Code § 58-09-02 — ND Code / Title 58 / Chapter 58-09 / Section 58-09-02
58-09-02. Compensation of assessor
Status: in_force

58-09-02. Compensation of assessor

The township assessor is entitled to compensation for services in the sum determined by

the board of township supervisors for the time actually and necessarily employed in making and

completing the assessment of the township and mileage at a rate not exceeding the allowable

mileage rate accepted by the United States internal revenue service for each mile [1.61

kilometers] necessarily traveled in the performance of the duties of office. The compensation

must be paid out of the township treasury upon an itemized statement setting forth the actual

time spent in the work of assessor, approved by the board of township supervisors.
N.D. Cent. Code § 58-08-04 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-04
58-08-04. Treasurer to keep account of receipts and disbursements - Deliver books, property, and moneys to successor
Status: in_force

58-08-04. Treasurer to keep account of receipts and disbursements - Deliver books,

property, and moneys to successor.

Each township treasurer shall keep, in a book provided for that purpose at the expense of

the township, a true account of all moneys which the township treasurer receives or disburses

by virtue of that office. The township treasurer shall present such account, with the treasurer's

vouchers, to the board of township supervisors at its meeting on the second Tuesday in March

for adjustment. On demand, the township treasurer shall deliver to the person's successor in

office all books and property belonging to the township treasurer's office and the balance of all

moneys in that person's hands as treasurer.
N.D. Cent. Code § 58-11-02 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-02
58-11-02. Meetings of board of auditors - When held - Duties
Status: in_force

58-11-02. Meetings of board of auditors - When held - Duties

The board of auditors shall meet on the second Tuesday in March and on the second

Monday in June in each year and at such other times as it deems necessary and expedient for

the purpose of auditing and settling all charges against the township. It shall state on each

account the amount allowed by it, but no allowance may be made for any account which does

not state specifically each item and the nature thereof.
N.D. Cent. Code § 58-12-04 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-04
58-12-04. Assistant overseers of highways
Status: in_force

58-12-04. Assistant overseers of highways

Upon the recommendation of the overseer, the board of township supervisors may appoint

one or more assistant overseers of highways. An assistant overseer shall work under the

direction of the overseer and the board of township supervisors.
N.D. Cent. Code § 58-02-23 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-23
58-02-23. Division of assets and liabilities of the original township
Status: in_force

58-02-23. Division of assets and liabilities of the original township

Within thirty days after the first election is held in a civil township established upon a petition

described in section 58-02-21, the board of county commissioners, the county auditor, and a

district judge designated by the presiding judge of the judicial district in which the new township

is located shall meet as a board of arbitrators and shall determine a just and fair distribution of

the property and apportionment of the debts of the original township between it and the

township separated therefrom and established as a civil township. The new township shall

succeed to a proportional share of the moneys and other property of the original township and

shall assume a proportional share of the debts and liabilities thereof existing at the time of the

division, such proportion to be determined by the relative valuation of the property of the

respective parts as shown by the last preceding assessment. The board of arbitrators, upon

subpoena issued by the clerk of the district court on the request of such board, may bring before

it all necessary witnesses, books, and papers. The determination of the board of arbitrators may

be reviewed by the district court on appeal in accordance with the procedure provided in section

28-34-01 and shall be enforced by the courts.
N.D. Cent. Code § 58-05-08 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-08
58-05-08. Certificate of oath to be filed
Status: in_force

58-05-08. Certificate of oath to be filed

The person taking the oath described in section 58-05-07, immediately and before entering

upon the duties of the person's office, shall file the certificate of such oath in the office of the

township clerk.
N.D. Cent. Code § 58-03-15 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-15
58-03-15. Appeals
Status: in_force

58-03-15. Appeals

Appeals from any rule, restriction, or decision of the board of township supervisors may be

made to the district court of the county in which such township lies. Appeals must be taken in

accordance with the procedure provided in section 28-34-01. Upon a showing that any rule,

restriction, or decision of the board of township supervisors is unreasonable under the

circumstances or contrary to the intent of sections 58-03-11 through 58-03-15, any such rule,

restriction, or decision may be set aside or reversed.
N.D. Cent. Code § 58-05.1-05 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-05
58-05.1-05. Settlement of disagreement
Status: in_force

58-05.1-05. Settlement of disagreement

If the boards of township officers of the consolidating townships are unable to equalize the

property, funds, and debts of the townships, the chairman of the board of township supervisors

of the township that proposed the consolidation shall immediately notify the board of county

commissioners of the disagreement. The chairman of the board of county commissioners shall

call a meeting of the boards of township officers of the consolidating townships, the county

commissioners, the state's attorney, and the county auditor to attempt to settle the disagreement

to the satisfaction of all the township boards. If the disagreement is not settled to the satisfaction

of all boards involved in the consolidation, the boards of the townships agreeing to the

equalization may proceed with the consolidation. The township board of officers of each

consolidating township shall meet at least once to review the final equalization of the assets and

liabilities of the township.
N.D. Cent. Code § 58-05-06 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-06
58-05-06. Bonds of township officers - Premiums
Status: in_force

58-05-06. Bonds of township officers - Premiums

All bonds required by this title for any township officer must be obtained from the North

Dakota state bonding fund or from a corporate surety company authorized to do business in this

state. Personal sureties may not be accepted on any such bond. The premiums for bonds of the

North Dakota state bonding fund must be paid by the township, and the township may not pay

the premium upon any other bond except such as is procured to replace a bond canceled by the

state bonding fund.
N.D. Cent. Code § 58-03-05 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-05
58-03-05. Notice to be given that township is providing jail
Status: repealed

58-03-05. Notice to be given that township is providing jail

Repealed by S.L. 1979, ch. 172, § 29.
N.D. Cent. Code § 58-03-09 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-09
58-03-09. Township electors shall designate public places for posting notices
Status: repealed

58-03-09. Township electors shall designate public places for posting notices

Repealed by S.L. 1977, ch. 562, § 7.
N.D. Cent. Code § 58-02-29 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-29
58-02-29. Personal rights not affected by township dissolution
Status: in_force

58-02-29. Personal rights not affected by township dissolution

The dissolution of a township may not affect the rights of any person in any contract or

agreement to which the township is a party.
N.D. Cent. Code § 58-04-18 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-18
58-04-18. Township clerk to notify officers elected
Status: in_force

58-04-18. Township clerk to notify officers elected

The clerk of the township meeting, immediately after the votes are canvassed, shall transmit

a notice of election to each person elected to any township office.
N.D. Cent. Code § 58-03-20 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-20
58-03-20. Onsite inspections - Exempt meeting
Status: in_force

58-03-20. Onsite inspections - Exempt meeting

1. A gathering of the members of a board of township supervisors to conduct an onsite

inspection under this title is an exempt meeting as defined under section 44-04-17.1 if:

a. The township does not have staff available that is capable of making the

inspection; or

b. The board of township supervisors is serving as the township officers and the

staff of the township.

2. The board of township supervisors shall make good-faith efforts to provide notice of

the inspections to each news medium that has filed a written request for notice if the

request includes the news medium's telephone number. The notice must be given by

telephone or by any other method used to notify the members of the public body.
N.D. Cent. Code § 58-04-03 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-03
58-04-03. Clerk to give notice of special meeting
Status: in_force

58-04-03. Clerk to give notice of special meeting

Each township clerk with whom a statement provided for in section 58-04-02 is filed shall

record the same and shall cause notice of the special meeting to be published at least ten days

before the meeting in a legal newspaper published in the township or, if there is no such

newspaper, then in the county's official newspaper.
N.D. Cent. Code § 58-17-02 — ND Code / Title 58 / Chapter 58-17 / Section 58-17-02
58-17-02. Townships - Parks - Funding for park purposes
Status: in_force

58-17-02. Townships - Parks - Funding for park purposes

In townships supporting parks, funding may be provided from revenues derived from the

general fund levy authority of the township for park purposes.
N.D. Cent. Code § 58-13-07 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-07
58-13-07. Pounds may be established in unorganized or dissolved townships
Status: in_force

58-13-07. Pounds may be established in unorganized or dissolved townships

Upon the petition of a majority of the qualified electors of an unorganized township or a

township dissolved as a civil township, the board of county commissioners shall have the same

power to establish and regulate pounds as the qualified electors and supervisors of an

organized township.
N.D. Cent. Code § 58-08-02 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-02
58-08-02. Duties of treasurer - Form of warrant - Disbursement of funds
Status: in_force

58-08-02. Duties of treasurer - Form of warrant - Disbursement of funds

The township treasurer shall receive and take charge of all moneys belonging to the

township or which by law are required to be paid into the township treasury and shall pay over

and account for the same upon the order of the township or the officers thereof duly authorized

in that behalf and shall perform all such duties as may be required of the township's treasurer by

law. Approval of orders or vouchers must be recorded in the record of the board's proceedings

and this is sufficient to indicate approval without requiring a majority of the board to sign or initial

the voucher or order for payment. The township treasurer shall pay out no township funds

except upon the warrant of the board of supervisors signed by the chairman of the board and

countersigned by the clerk. The treasurer shall pay all warrants when presented, if properly

drawn and signed, and if there is money in the treasurer's hands or subject to the treasurer's

order sufficient for payment. The township treasurer may not issue the treasurer's check on the

depository bank, but shall countersign the warrant and insert the name of the depository bank

thereon, and the warrant, when so countersigned and directed to the depository bank and

properly endorsed by the payee, must be paid by the depository. Immediately upon

countersigning any warrant, the township treasurer shall enter the payment in the township

treasurer's official record.
N.D. Cent. Code § 58-16-01 — ND Code / Title 58 / Chapter 58-16 / Section 58-16-01
58-16-01. Petition for construction of sidewalks or installation of streetlights in unincorporated townsites - Contents - Ordering construction or installation
Status: in_force

58-16-01. Petition for construction of sidewalks or installation of streetlights in

unincorporated townsites - Contents - Ordering construction or installation.

When a majority of the lot owners on any street in any block within the platted limits of an

unincorporated townsite shall petition the board of supervisors of the township in which the

unincorporated townsite, or the greater portion thereof, is situated, praying that a sidewalk be

constructed or streetlights be installed along the side of a street or thoroughfare within the

platted limits described in the petition, the board, by resolution, shall order the construction of

the sidewalk or a portion thereof by the owner of the land along which the sidewalk is to be built,

if it appears that the sidewalk described and prayed for in the petition is necessary to connect

sidewalks already built or that public convenience and necessity require its construction, and

shall order and make all necessary contracts and arrangements for the installation of streetlights

if the public convenience or necessity require the installation.
N.D. Cent. Code § 58-11-03 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-03
58-11-03. Auditing accounts of treasurer and other township officers
Status: in_force

58-11-03. Auditing accounts of treasurer and other township officers

At its meeting on the second Tuesday of March in each year, the board of auditors shall

examine and audit the accounts of the township treasurer for all moneys received and

disbursed. At the meeting, the board shall audit the accounts of all other township officers who

are authorized to receive or disburse money of the township. If a new treasurer has been

elected at the annual meeting, the board of auditors shall audit the final statement of the

outgoing treasurer at a meeting on the fourth Tuesday in March.
N.D. Cent. Code § 58-18-05 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-05
58-18-05. Election for proceeding
Status: in_force

58-18-05. Election for proceeding

At the special township meeting for public disclosure of the findings of the engineer, the

freeholders of the township in attendance are entitled to vote on the question of whether to

proceed with the improvement project. Upon approval by sixty percent or more of the votes cast

at the meeting or votes filed with the township clerk within fifteen days after the meeting, the

improvement project may proceed. A freeholder affected by the project is entitled to one vote for

each dollar of the proposed special assessment against the freeholder's property within the

proposed improvement district. If there is more than one owner of a parcel of property, the votes

available for the parcel must be prorated among the owners in accordance with each owner's

percentage interest in the property. If fewer than sixty percent of the votes cast or filed on the

question approve the project, the election result is a bar against proceeding further with the

improvement project described in the plans and specifications. An election result barring

proceeding further with the improvement project does not preclude the payment of any costs

incurred in developing the plans, specifications, cost estimates, or other costs which must be

paid from the general fund of the township. If the costs incurred pose a financial burden on the

general levy of a township of forty percent or more, the board of township supervisors may levy

and collect assessments from the improvement district in yearly assessments not exceeding five

years. If under forty percent, the township may use methods approved by law.
N.D. Cent. Code § 58-02-21 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-21
58-02-21. Petition for and notice of application for division - Publication
Status: in_force

58-02-21. Petition for and notice of application for division - Publication

A petition for the division of a township as provided in section 58-02-19, addressed to the

board of county commissioners and signed by a majority of the qualified electors residing within

the proposed township, may be presented to the board at any regular meeting of the board.

Notice of the time and place of the hearing on such petition must be given at least thirty days

prior to such hearing by the publication of such notice at least three times in the newspaper in

which the proceedings of the board of county commissioners are published, or if there is no

such newspaper, the notice must be posted in at least three public places in the proposed new

township and in at least three public places in the remainder of the township affected by the

division. One of such notices must be posted at the place where the last township election was

held for the township from which the separation is sought.
N.D. Cent. Code § 58-02-15 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-15
58-02-15. Determination of assets and liabilities of territory detached from one civil township and attached to another
Status: in_force

58-02-15. Determination of assets and liabilities of territory detached from one civil

township and attached to another.

When a fraction of a township has been detached from one organized township and

attached to another, the detached territory shall assume and pay a just proportion of the

indebtedness of the township from which it has been detached, based upon the last assessed

valuation of the original civil township and in the proportion that the valuation of the detached

portion bears to the valuation within the whole of the township from which it has been detached.

At the meeting described in section 58-02-14, the members of the boards of township

supervisors and the township clerks there present shall ascertain, as near as may be, the total

outstanding indebtedness of the original township, as of the date upon which the detachment

became effective, and the amount of township assets which shall remain with the original

township after the detachment, and the amount of the assets which must be paid over to the

detached portion of such township and to the civil township to which such detached territory has

been attached. Such determination must be based upon the last assessed valuation of the

original township as provided in this section.
N.D. Cent. Code § 58-16-05 — ND Code / Title 58 / Chapter 58-16 / Section 58-16-05
58-16-05. Township supervisors to prescribe material for construction or repair of sidewalks or streetlights and the type of light fixture to be used
Status: in_force

58-16-05. Township supervisors to prescribe material for construction or repair of

sidewalks or streetlights and the type of light fixture to be used.

The board of township supervisors shall prescribe the material of which the sidewalks must

be constructed or with which they must be repaired, or the type of light fixture or equipment

used or with which they must be prepared. Whenever a sidewalk to be constructed as provided

in this chapter connects sidewalks already in existence, the new sidewalk must be constructed,

as nearly as practicable, of the same material as the sidewalks which it connects.
N.D. Cent. Code § 58-02-09 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-09
58-02-09. Annexing parts of township divided by river from rest of township
Status: in_force

58-02-09. Annexing parts of township divided by river from rest of township

If rivers, lakes, or creeks divide a civil or congressional township and make it inconvenient

to do township business, the board of county commissioners of the county in which the township

is located may annex that part of the township segregated by such river, lake, or creek to an

adjoining township in the same county upon the petition of not less than two-thirds of the

qualified electors residing in the part of the township so segregated.
N.D. Cent. Code § 58-02-20 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-20
58-02-20. Division made on congressional township lines
Status: in_force

58-02-20. Division made on congressional township lines

The separation of a congressional township or fractional township from an organized civil

township must be made only along congressional township lines.
N.D. Cent. Code § 58-08-05 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-05
58-08-05. Treasurer to make annual statement - Contents - Where filed
Status: in_force

58-08-05. Treasurer to make annual statement - Contents - Where filed

The township treasurer shall prepare an annual statement of receipts and disbursements for

the period January first to December thirty-first of each year. The statement must include the

amount, date, source, and fund credited for each receipt and the amount, date, payee, purpose,

and fund debited for each disbursement. The statement must include the beginning and ending

balances of moneys held by the township. After the statement has been reviewed at the annual

township meeting, it must be filed in the office of the township clerk. If the offices of township

clerk and treasurer have been merged, such statement must be filed with the chairman of the

board of township supervisors. A duplicate of the statement at the same time must be filed by

the township treasurer with the county auditor.
N.D. Cent. Code § 58-02-22 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-22
58-02-22. Board of county commissioners may establish new township
Status: in_force

58-02-22. Board of county commissioners may establish new township

Upon presentation of the petition described in section 58-02-21, with proof of notice as

provided in that section of the existence of the requirements for division and proof that the

petition was signed by the requisite number of voters residing in the proposed township, the

board of county commissioners shall set off the congressional township or fractional township

described in the petition as a separate civil township.
N.D. Cent. Code § 58-06-03 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-03
58-06-03. Regular meetings of board of township supervisors - When held
Status: in_force

58-06-03. Regular meetings of board of township supervisors - When held

The board of township supervisors shall hold regular meetings on the second Tuesday in

March, on the fourth Tuesday in March, and on the second Monday in June of each year, except

that in the discretion of the township supervisors the meetings provided for the second Tuesday

and fourth Tuesday in March may be held on the same day as the annual township meeting as

provided in section 58-04-01.
N.D. Cent. Code § 58-02-11 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-11
58-02-11. Uniting congressional townships into civil townships
Status: in_force

58-02-11. Uniting congressional townships into civil townships

The board of county commissioners may unite two or more congressional townships into

one civil township or may add not more than three congressional townships to any

congressional township already organized as a civil township when petitioned to do so by a

majority of the qualified electors to be affected.
N.D. Cent. Code § 58-03-15.1 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-15.1
58-03-15.1. Highways - Roads
Status: in_force

58-03-15.1. Highways - Roads

Sections 58-03-11 through 58-03-15 do not include any power relating to the role of the

board of township supervisors in the establishment, repair, or maintenance of highways or

roads.
N.D. Cent. Code § 58-12-05 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-05
58-12-05. Township overseer of highways ex officio deputy county superintendent of highways
Status: in_force

58-12-05. Township overseer of highways ex officio deputy county superintendent of

highways.

In counties having a county superintendent of highways, the township overseer of highways

is ex officio deputy county superintendent of highways for that township.
N.D. Cent. Code § 58-16-04 — ND Code / Title 58 / Chapter 58-16 / Section 58-16-04
58-16-04. Petition for repair or reconstruction of a sidewalk or streetlights - Procedure followed
Status: in_force

58-16-04. Petition for repair or reconstruction of a sidewalk or streetlights - Procedure

followed.

If the petition described in section 58-16-01 prays for the repair or reconstruction of a

sidewalk or streetlights, the same procedure must be had as is prescribed for the construction of

new sidewalks or streetlights.
N.D. Cent. Code § 58-04-01 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-01
58-04-01. Annual township meeting - When held - Change in meeting place - Notice
Status: in_force

58-04-01. Annual township meeting - When held - Change in meeting place - Notice

The electors of each township annually shall assemble and hold a township meeting in the

month of March at the place in the township or in an adjacent township designated by the board

of township supervisors. Notice of the time and place of holding the meeting must be given by

the township clerk at least ten days before the meeting by publication in a legal newspaper

published in the township or, if there is no such newspaper, then in the county's official

newspaper. Before a change in the place of holding the annual township meeting is made,

notice of the contemplated change may be given by any member of the board of township

supervisors to the township clerk, who shall have such change published if time allows.

Otherwise, the township clerk shall post notice of the change. If an incorporated city is wholly or

partially within the boundaries of the township or an adjacent township, all township meetings

may be held at the place within an incorporated city designated by the board of township

supervisors.
N.D. Cent. Code § 58-05-03.1 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-03.1
58-05-03.1. Elected assessor - Commencement of term of office
Status: in_force

58-05-03.1. Elected assessor - Commencement of term of office

In any township in which an assessor is elected at the annual township meeting, the term of

office of the assessor elected at such meeting commences on the first Monday in January next

succeeding that election.
N.D. Cent. Code § 58-17-01 — ND Code / Title 58 / Chapter 58-17 / Section 58-17-01
58-17-01. Townships - Authority to acquire, operate, and regulate parks
Status: in_force

58-17-01. Townships - Authority to acquire, operate, and regulate parks

Any township may acquire, establish, construct, expand, own, lease, control, equip,

improve, maintain, operate, regulate, and police any park either within or without the geographic

limits of such township and may use for such purposes any available property owned or

controlled or occupied for the purpose or purposes enumerated in this chapter. Any such park

must be declared to be acquired, owned, leased, controlled, or occupied for a public purpose in

accordance with public need.
N.D. Cent. Code § 58-16-02 — ND Code / Title 58 / Chapter 58-16 / Section 58-16-02
58-16-02. Notice to owner to construct sidewalk - Failure to construct
Status: in_force

58-16-02. Notice to owner to construct sidewalk - Failure to construct

Two publications of the resolution provided in section 58-16-01 in a paper printed or

published in the unincorporated townsite are sufficient notice to the owner of the land along

which the sidewalk is to be built to construct the same. If no newspaper is published in the

unincorporated townsite, the resolution must be published in a newspaper in the municipality

nearest to the unincorporated townsite. If the owner fails to construct a fully completed sidewalk

within thirty days after the last publication of the resolution, the board of township supervisors

shall cause such portion of the sidewalk as has not been built by the owners of the lands to be

built at the expense of the owners upon contract or in such manner as the board may

determine.
N.D. Cent. Code § 58-05-01 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-01
58-05-01. Voter is eligible to office
Status: in_force

58-05-01. Voter is eligible to office

Every person qualified to vote at a township meeting is eligible to any township office.
N.D. Cent. Code § 58-04-02.2 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-02.2
58-04-02.2. Removal of township officers - Special meeting
Status: in_force

58-04-02.2. Removal of township officers - Special meeting

An elected township officer may be removed from office upon an affirmative vote of the

majority of votes cast at a special meeting of the township which is called for the purpose of

removing an elected township officer. If an officer is removed from office at the special meeting,

the voters shall elect a replacement officer at the same meeting.
N.D. Cent. Code § 58-13-02 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-02
58-13-02. Fees of poundmaster
Status: repealed

58-13-02. Fees of poundmaster

Repealed by S.L. 1989, ch. 559, § 7.
N.D. Cent. Code § 58-06-01 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-01
58-06-01. General powers and duties of board of township supervisors
Status: repealed

58-06-01. General powers and duties of board of township supervisors

The board of township supervisors has the following powers and duties:

1. To manage and control the affairs of the township not committed to other township

officers.

2. To draw orders on the township treasury for the disbursement of township funds.

3. To recommend to the electors the expenditure of a stated amount for the purpose of

purchasing building sites, and for purchasing, erecting, locating, or removing any

building, township hall, or library building for the use and benefit of the township.

4. When a city which is laid out into streets is included within the limits of the township, to

cause improvements to be made in any street that may be needed as a highway if the

city neglects to make the improvements.

5. To prosecute all actions upon bonds given to it or previous boards.

6. To sue for and collect all penalties and forfeitures incurred by any officer or inhabitant

of the township when no other provision is made.

7. To prosecute any action for trespass committed on any public enclosure, highway, or

property belonging to the township.

8. To pay all money collected by it for the township to the township treasurer.

9. To levy the annual taxes for the ensuing calendar year as voted at the annual township

meeting.

10. To grant to any person the right of way for the erection of telephone lines, electric light

systems, water or wastewater systems, or gas or oil pipeline systems over, under, or

upon public grounds, streets, alleys, or highways.

11. To appoint the township overseer of highways.

12. To purchase road machinery and tools.

13. To request assistance from a county or district board of health or the department of

environmental quality.

14. To perpetuate survey markings.

15. To erect and maintain guideposts on the highways and other ways within the township

at such places as are necessary or convenient for the direction of travelers.

16. To examine, compare, and balance the books of the township clerk and the treasurer

at the annual meeting in March of each year.

17. To pay all or a part of the cost of electricity used in electrically lighting the streets of

cities located within the township.

18. To insure the township's property which is not required to be insured against loss by

fire or tornado by the state fire and tornado fund in a stock or mutual fire insurance

company or in the state fire and tornado fund.

19. Repealed by S.L. 1989, ch. 559, § 7.

20. To submit a budget for the township at its annual meeting.

21. If the township activates its floodplain management authority under section 58-06-11,

to exercise floodplain management authority by enacting a floodplain management

ordinance.
N.D. Cent. Code § 58-03-11 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-11
58-03-11. Establishment of zoning districts - Uniformity
Status: in_force

58-03-11. Establishment of zoning districts - Uniformity

For the purpose of promoting the health, safety, morals, or the general welfare, or to secure

the orderly development of approaches to municipalities, the board of township supervisors may

establish one or more zoning districts and within the districts, subject to the provisions of

chapter 54-21.3 and section 58-03-11.1, may regulate and restrict the erection, construction,

reconstruction, alteration, repair, or use of buildings and structures; the height, number of

stories, and size of buildings and structures; the percentage of lot that may be occupied; the

size of courts, yards, and other open spaces; the density of population; and the location and use

of buildings, structures, and land for trade, industry, residence, or other purposes. All regulations

and restrictions under this section must be uniform throughout each district, but the regulations

and restrictions in one district may differ from those in other districts. The board of township

supervisors may establish institutional controls that address environmental concerns with the

department of environmental quality as provided in section 23.1-10-16.
N.D. Cent. Code § 58-06-09 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-09
58-06-09. Audit accounts
Status: in_force

58-06-09. Audit accounts

At the last regular meeting in each year, the board of township supervisors shall audit

accounts, settle with the township overseer of highways, and transact any other business that

may come before it.
N.D. Cent. Code § 58-02-19 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-19
58-02-19. Division of organized township - Requirements
Status: in_force

58-02-19. Division of organized township - Requirements

A fractional township which contains more than eighteen sections of land and borders on a

lake or river or any congressional township may be set off from the civil township of which it is a

part if:

1. There are one hundred or more inhabitants residing in the proposed township; and

2. The division does not leave less than one hundred inhabitants residing in the township

from which it is separated.
N.D. Cent. Code § 58-04-14 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-14
58-04-14. Judges to canvass the votes - Manner of canvassing - Declaration of election
Status: in_force

58-04-14. Judges to canvass the votes - Manner of canvassing - Declaration of

election.

At the close of every election by ballot, the judges shall proceed publicly to canvass the

votes, which canvass when commenced must continue without adjournment or interruption until

the same is completed. The canvass must be conducted by taking one ballot at a time from the

ballot box and counting until the number of ballots is equal to the number of names on the poll

list, and if there are any left in the box, they must be destroyed immediately. If on the opening of

the ballots, two or more ballots are found to be so folded that it is apparent that the same person

voted them, the board shall destroy such unlawful ballots immediately. The person having the

greatest number of votes for an office must be declared elected.
N.D. Cent. Code § 58-13-03 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-03
58-13-03. Poundmaster - Lien for charges and expenses
Status: in_force

58-13-03. Poundmaster - Lien for charges and expenses

The poundmaster has a lien on every animal taken into the pound for the full amount of the

poundmaster's actual charges and expenses and is entitled to the possession of any animal

until the charges and expenses are paid.
N.D. Cent. Code § 58-07-01 — ND Code / Title 58 / Chapter 58-07 / Section 58-07-01
58-07-01. Compensation of clerk
Status: in_force

58-07-01. Compensation of clerk

The township clerk may receive as compensation for services up to one hundred dollars a

day for each day necessarily devoted to the work of the clerk's office not exceeding four

thousand dollars in a calendar year. The electors of the township shall establish the daily

compensation rate for the township clerk at each annual township meeting. Additional

compensation over four thousand dollars may be provided for reimbursement of expenses as

provided in section 44-08-04 and for mileage as provided in section 54-06-09 for each mile

[1.61 kilometers] necessarily traveled in the performance of the clerk's duties. In those

townships in which the offices of township clerk and treasurer have been merged, the individual

elected to fill the new office is entitled to receive compensation as township clerk only.
N.D. Cent. Code § 58-03-03 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-03
58-03-03. Acts of township to be in corporate name
Status: in_force

58-03-03. Acts of township to be in corporate name

All acts or proceedings performed by a township in its corporate capacity must be done in

the name of the township.
N.D. Cent. Code § 58-02-25 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-25
58-02-25. Dissolution of township - Petition - When considered by supervisors or board of county commissioners - Hearing
Status: in_force

58-02-25. Dissolution of township - Petition - When considered by supervisors or

board of county commissioners - Hearing.

If a petition asking for the dissolution of an organized civil township and setting forth the

reasons therefor and signed by one-half of the qualified electors of such township is presented

to the board of township supervisors at least ten days prior to the second Tuesday in March in

any year, the petition must be considered by such board at its regular meeting on the second

Tuesday in March in such year. If the qualified electors of an organized township, as determined

by the board of county commissioners, do not exceed five in number, said board of county

commissioners, upon the petition of any qualified elector of such township or upon its own

motion without any such petition, may dissolve such township by filing in the office of the county

auditor its resolution to dissolve such township. Following the filing of the resolution by said

board of county commissioners, the county auditor shall designate a time and place for a public

hearing of all qualified electors who are owners of any interest in real property assessed for

taxation in the township and who reside within the boundaries of the township as fixed by the

order of the board of county commissioners. Notice of the hearing must be given by publication

once each week for two consecutive weeks in a newspaper of general circulation in the

township, the last publication appearing at least seven days prior to the hearing. The notice

must be addressed to all qualified electors who are owners of any interest in real property

assessed for taxation in the township or who are residing within the boundaries of the township.

The county auditor shall also notify all owners of property within the township by mail at least

two weeks in advance of the proposed dissolution hearing.
N.D. Cent. Code § 58-14-04 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-04
58-14-04. Action on behalf of township cannot be brought before township justice
Status: repealed

58-14-04. Action on behalf of township cannot be brought before township justice

Repealed by omission from this code.
N.D. Cent. Code § 58-11-04 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-04
58-11-04. Board to report accounts audited and allowed and budget for ensuing year
Status: in_force

58-11-04. Board to report accounts audited and allowed and budget for ensuing year

The board of auditors shall make a report stating in detail the items of account audited and

allowed, the nature of each account, and the name of the person to whom such account was

allowed. It shall also prepare a statement of the fiscal concerns of the township and an estimate

of the sum necessary for the current and incidental expenses thereof for the ensuing year.
N.D. Cent. Code § 58-16-03 — ND Code / Title 58 / Chapter 58-16 / Section 58-16-03
58-16-03. Assessment and levy upon property - Form
Status: in_force

58-16-03. Assessment and levy upon property - Form

The board of township supervisors shall assess and levy upon each lot or parcel of land

along which the sidewalk has been built by the township a sum sufficient to cover the cost of the

construction thereof and shall assess and levy against each lot or parcel of land benefited by

the installation of streetlights by the township. The assessment must be in substantially the

following form:

The board of supervisors of the township of ____________________ assesses upon and

levies against the several parcels of land hereinafter described the respective sums of

money set against each lot or parcel. This assessment is made to defray the cost of a

______________ sidewalk or streetlights along the _____________ side of ____________

to ______________ in accordance with the resolution of the board of township supervisors

passed on _____________, ______, and duly published in _________________ on

_______________, _______. The amount assessed against and levied upon each lot or

parcel being the amount that it cost to construct or reconstruct the sidewalk along and

fronting upon the same lot or parcel of land. When streetlights are installed the cost of the

installation must be assessed and levied against all lots or parcels of land that benefit from

the streetlights.

______________________________________________________________________

Description

Name of Owner, if known of land Amount

______________________________________________________________________

Lot Block Dollars Cents

______________________________________________________________________

Done at a meeting of the board of supervisors of the township of ____________ on

_____________, ______.

_________________________

Chairman

Attest:

___________________________

Township Clerk
N.D. Cent. Code § 58-18-08 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-08
58-18-08. Financing of special improvements - Procedure
Status: in_force

58-18-08. Financing of special improvements - Procedure

When it is proposed to finance in whole or in part the construction of a project with funds

raised through the collection of special assessments, the township has the authority granted to

municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25, 40-26, 40-27, and 40-28, and the

township shall comply with the provisions of those chapters regarding the issuance and sale of

warrants and bonds for financing improvements. Whenever action is required of city officials in

those chapters, the comparable township officials shall take the action.
N.D. Cent. Code § 58-04-17 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-17
58-04-17. Minutes to be filed
Status: in_force

58-04-17. Minutes to be filed

The minutes of the proceedings of each township meeting, subscribed by the clerk and

judges of the meeting, must be filed in the office of the township clerk within two days after the

meeting.
N.D. Cent. Code § 58-17-03 — ND Code / Title 58 / Chapter 58-17 / Section 58-17-03
58-17-03. Townships - Parks - Tax levy may be certified by board of supervisors
Status: in_force

58-17-03. Townships - Parks - Tax levy may be certified by board of supervisors

The board of township supervisors may certify annually to the county auditor the amount of

tax to be levied by such township for park purposes in the same manner as provided by law for

other township levies. The proceeds of such taxes must be deposited in a special fund or

account into which other park revenues of the township are deposited and may be expended by

the township only for park purposes.
N.D. Cent. Code § 58-02-26 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-26
58-02-26. Question of dissolution submitted at annual meeting - Notice
Status: in_force

58-02-26. Question of dissolution submitted at annual meeting - Notice

If the petition described in section 58-02-25 has been signed by the requisite number of

qualified signers, the question of dissolution must be submitted to the voters of the township at

the annual township meeting. A notice specifying the question of dissolution to be submitted at

the annual meeting must be signed by the township clerk and posted in five of the most public

places in the township at least five days prior to the annual meeting and published once before

the time appointed for the meeting in a legal newspaper published in the county in which the

township is located.
N.D. Cent. Code § 58-13-09 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-09
58-13-09. Estray - Notification of North Dakota stockmen's association
Status: in_force

58-13-09. Estray - Notification of North Dakota stockmen's association

If the poundmaster comes into possession of any animal that the poundmaster believes is

an estray, the poundmaster shall contact the brand inspector and deliver or arrange for the

delivery of the animal to a licensed livestock auction market. The brand inspector shall provide

for the disposition of the animal under chapter 36-22. The poundmaster may recover charges

and expenses for the delivery of the estray.
N.D. Cent. Code § 58-05-16 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-16
58-05-16. Vacancies - How filled - Term of office - Powers of person appointed
Status: in_force

58-05-16. Vacancies - How filled - Term of office - Powers of person appointed

If the electors of a township fail to elect the proper number of officers, or a person elected to

a township office fails to qualify, or a vacancy happens in any such office from death,

resignation, removal from the township, or other cause, the board of township supervisors, or a

majority of them, shall fill the vacancy by appointment, and the person so appointed shall hold

that office until the next annual meeting and until the person's successor is elected and

qualified.
N.D. Cent. Code § 58-05-02 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-02
58-05-02. Officers of a township - Terms of office
Status: in_force

58-05-02. Officers of a township - Terms of office

The elected officers of a civil township must be:

1. Three or five supervisors.

2. One township clerk.

3. One assessor except as herein provided.

4. One treasurer.

In townships with three-member boards of township supervisors, one supervisor must be

elected at each annual township meeting and shall hold office for a term of three years. In

townships with five-member boards of supervisors, the number of members of the board of

supervisors whose terms have expired must be elected at each annual township meeting and

shall hold office for a term of three years. The other elective officers must be elected every two

years and shall hold their respective offices for a term of two years. Each officer shall serve until

that officer's successor is elected and qualified. The same person may hold the offices of

township clerk and treasurer if a majority of the electors present vote in favor of the merging of

such offices at the annual township meeting. The person elected to fill the merged office shall

perform all of the duties required of both the township clerk and treasurer except as otherwise

specifically provided by law. If a majority of the electors present and voting at an annual

township meeting vote in favor of making the office of assessor appointive, the board of

township supervisors shall appoint a township assessor for a four-year term of office, the first

term commencing on January 1, 1974. In lieu of electing or appointing a township assessor, the

board of township supervisors, if authorized by a majority of the electors present and voting at

an annual township meeting, may on behalf of the township contract with the county in which

the township is located or with any other political subdivision or with any individual to perform

the duties of and have the powers of the township assessor. The length and terms of such a

contract must be negotiated by the board of township supervisors with the governing body of the

county or other political subdivision or with the individual, as the case may be, and the township

is hereby authorized to make such payments as may be provided for in the contract. The

electors of any township in which the office of township assessor was abolished prior to July 1,

1973, shall, at the next annual township meeting, elect a township assessor or authorize the

board of township supervisors to appoint a township assessor or to contract for the making of

the assessment as hereinbefore provided. The township electors may, by majority vote of those

present and voting at an annual township meeting, change the previously adopted method of

providing for the assessment to either of the other two methods authorized in this section, but

such change does not become effective until expiration of the term of office of the assessor or

until a vacancy occurs in the office of assessor or until expiration of the contract for making the

assessments, whichever is applicable according to the method of providing for the assessment

that was previously adopted.
N.D. Cent. Code § 58-04-19 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-19
58-04-19. Special meeting when officers not elected at annual meeting
Status: in_force

58-04-19. Special meeting when officers not elected at annual meeting

If a township meeting is not held for the purpose of organizing and electing its officers at the

time fixed by law for holding the annual township meeting, a special township meeting for that

purpose must be called by the township clerk. Such meeting must be held within the township or

in an adjacent township. If notice of such meeting is not given by the clerk within ten days, any

three electors of the township may call such meeting. Notices setting forth the time, place, and

object of the meeting must be published at least five days prior to the meeting in a legal

newspaper published in the township or, if there is no such newspaper, then in the county's

official newspaper. The electors, when assembled by virtue of such notice, shall possess all the

powers conferred upon electors at the regular annual township meeting.
N.D. Cent. Code § 58-03-13 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-13
58-03-13. Township zoning commissions - Membership - Reports and recommendations - District boundaries - Hearings - Notice
Status: in_force

58-03-13. Township zoning commissions - Membership - Reports and

recommendations - District boundaries - Hearings - Notice.

The board of township supervisors of a township desiring to avail itself of the powers

conferred by sections 58-03-11 through 58-03-15 shall establish, by resolution, a township

zoning commission to recommend the boundaries of the various township zoning districts and

appropriate regulations and restrictions to be established therein. Membership of the

commission must consist of three township supervisors and two members appointed from the

municipalities concerned in relation to which the zoning is contemplated. Where the area to be

regulated and restricted is situated in two or more townships, a joint zoning commission may be

established. Membership of a joint zoning commission must consist of two township supervisors

from each township and two members from the municipality in relation to which the zoning is

contemplated. A zoning commission shall make a preliminary report and hold public hearings

before submitting its final report and recommendations to the board or boards of township

supervisors. The board or boards of township supervisors may establish, and from time to time

change, the boundaries of township zoning districts and establish, amend, supplement, and

enforce regulations and restrictions in the districts. No regulation, restriction, or boundaries

become effective until after a public hearing at which parties in interest and citizens have an

opportunity to be heard. At least fifteen days' notice of the time and place of the hearing must be

published in the official newspaper of the county and also in the official newspaper of the

municipality in relation to which the zoning action is taken, if in the municipality an official

newspaper other than the official newspaper of the county is published. The description of any

land within any zoning district established by a zoning commission together with any regulations

and restrictions established must be filed with the governing bodies of the township and

municipalities concerned, and if amendments are made to the boundaries of the zoning district

or the regulations or restrictions, the amendments must be filed in the same manner. A zoning

commission established under this section and a board of township supervisors shall state the

grounds upon which any request for a zoning amendment or variance is approved or

disapproved, and written findings upon which the decision is based must be included within the

records of the commission or board.
N.D. Cent. Code § 58-03-19 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-19
58-03-19. Building permit - Decision within sixty days of application
Status: in_force

58-03-19. Building permit - Decision within sixty days of application

1. A township that regulates the construction, erection, reconstruction, repair, or alteration

of buildings and structures and issues building permits shall respond to a building

permit application within sixty days of receiving the application either by approving the

application and delivering the building permit or by providing the applicant written

notice of the grounds for rejection of the application.

2. If the building or structure for which a permit is requested meets all applicable zoning

regulations and the board of township supervisors or other appropriate official fails to

respond as required under subsection 1, the application is deemed to be approved

and the applicant may proceed with the construction, erection, reconstruction, repair,

or alteration of the building or structure and the township shall return any permit fee

submitted with the application.

3. A township's building permit application form must include a statement that if the

building or structure for which the permit is requested meets all applicable zoning

regulations and the board of township supervisors or other appropriate official fails to

respond within sixty days of receiving the application, the application is deemed

approved. Upon receipt of a building permit application, a township shall note on the

application the date of receipt and shall provide a copy of the submitted application to

the applicant with the date of receipt noted.
N.D. Cent. Code § 58-01-04 — ND Code / Title 58 / Chapter 58-01 / Section 58-01-04
58-01-04. Presumption of regular enactment, adoption, or amendment of bylaws, resolutions, or regulations
Status: in_force

58-01-04. Presumption of regular enactment, adoption, or amendment of bylaws,

resolutions, or regulations.

Three years after enactment or amendment of township bylaws or adoption or amendment

of township resolutions or regulations it is conclusively presumed that the bylaws, resolutions, or

regulations were enacted, adopted, or amended as required by law.
N.D. Cent. Code § 58-07-04 — ND Code / Title 58 / Chapter 58-07 / Section 58-07-04
58-07-04. Penalty for neglect
Status: in_force

58-07-04. Penalty for neglect

If a township clerk willfully neglects or refuses to perform any of the duties required of the

township clerk under this chapter, that person is guilty of an infraction.
N.D. Cent. Code § 58-05.1-02 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-02
58-05.1-02. Consolidation of township officers - Petition - Membership
Status: in_force

58-05.1-02. Consolidation of township officers - Petition - Membership

The board of township supervisors of a township shall propose a plan for the consolidation

of the board of township officers with the officers of adjoining townships when three qualified

electors or five percent of the qualified electors of the township, as determined by the number of

qualified electors voting at the last annual township meeting, whichever is greater, petition the

board. The township clerk, within fourteen days of receiving a petition, shall notify the board of

township supervisors of each adjoining township of the proposal for consolidation and submit a

copy of the proposal to the county auditor. The boards of township supervisors of each adjoining

township shall respond to the proposal within thirty days.

If the response of a board of township supervisors of an adjoining township indicates that

the consolidation should be pursued, the clerk of the township proposing the consolidation shall

call a meeting, or meetings if necessary, at a time and place agreed upon by the boards of each

township. The chairman of the board of township supervisors of the township proposing the

consolidation shall preside at the meeting. If requested by the board of township supervisors of

the township proposing the consolidation, the board of township supervisors of each township

shall submit a report of the assets, liabilities, and overall financial condition of each township for

review by the other boards of township supervisors.

If one or more boards of the townships responding to the proposal agreed to further pursue

the proposed consolidation, the question of consolidation must be presented to the electors of

each of the townships. However, no more than five adjoining townships may consolidate. Notice

of the presentation of the question to the electors must be submitted to the county auditor by the

board of township supervisors of the township proposing the consolidation. Upon receiving that

notice, the county auditor shall assign an identifying number to the proposed multitownship

board and notify the board of supervisors of each township of that number.
N.D. Cent. Code § 58-03-11.1 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-11.1
58-03-11.1. Farming and ranching regulations - Requirements - Limitations - Definitions (Effective through July 31, 2026)
Status: in_force

58-03-11.1. Farming and ranching regulations - Requirements - Limitations -

Definitions. (Effective through July 31, 2026)

1. For purposes of this section:

a. "Animal feeding operation" means a lot or facility, other than normal wintering

operations for cattle and an aquatic animal production facility, where the following

conditions are met:

(1) Animals, other than aquatic animals, have been, are, or will be stabled or

confined and fed or maintained for a total of forty-five days or more in any

twelve-month period; and

(2) Crops, vegetation, forage growth, or postharvest residues are not sustained

in the normal growing season over any portion of the lot or facility.

b. "Farming or ranching" means cultivating land for the production of agricultural

crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.

The term does not include:

(1) The production of timber or forest products; or

(2) The provision of grain harvesting or other farm services by a processor or

distributor of farm products or supplies in accordance with the terms of a

contract.

c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,

elk, fur animals raised for their pelts, and any other animals that are raised, fed,

or produced as a part of farming or ranching activities.

d. "Location" means the setback distance between a structure, fence, or other

boundary enclosing an animal feeding operation, including its animal waste

collection system, and the nearest occupied residence, the nearest buildings

used for nonfarm or nonranch purposes, or the nearest land zoned as a

residential, recreational, or commercial zoning district. The term does not include

the setback distance for the application of manure or for the application of other

recycled agricultural material under a nutrient management plan approved by the

department of environmental quality.

2. For purposes of this section, animal units are determined as provided under

subdivision c of subsection 7 of section 23.1-06-15.

3. A board of township supervisors may not prohibit or prevent the use of land or

buildings for farming or ranching or any of the normal incidents of farming or ranching.

4. A regulation may not preclude the development of an animal feeding operation in the

township.

5. A board of township supervisors may not prohibit the reasonable diversification or

expansion of a farming or ranching operation.

6. A board of township supervisors may adopt regulations that establish different

standards for the location of animal feeding operations based on the size of the

operation and the species and type being fed.

7. If a regulation would impose a substantial economic burden on an animal feeding

operation in existence before the effective date of the regulation, the board of township

supervisors shall declare that the regulation is ineffective with respect to any animal

feeding operation in existence before the effective date of the regulation.

8. a. A board of township supervisors may establish high-density agricultural

production districts in which setback distances for animal feeding operations and

related agricultural operations are less than those in other districts.

b. A board of township supervisors may establish, around areas zoned for

residential, recreational, or nonagricultural commercial uses, low-density

agricultural production districts in which setback distances for animal feeding

operations and related agricultural operations are greater than those in other

districts; provided, the low-density agricultural production districts may not extend

more than one-half mile [0.80 kilometer] from the edge of the area zoned for

residential, recreational, or nonagricultural commercial uses.

c. A board of township supervisors may not adopt or enforce setbacks applicable to

animal feeding operations that exceed the setback distances provided in

subsection 7 of section 23.1-06-15.

d. For purposes of this subsection, a "related agricultural operation" means a facility

that produces a product or byproduct used by an animal feeding operation.

9. A person intending to construct an animal feeding operation may petition the board of

township supervisors for a determination whether the animal feeding operation would

comply with zoning regulations adopted under this section and filed with the

department of environmental quality under section 58-03-17 before the date the

petition was received by the township. The petition must contain a description of the

nature, scope, and location of the proposed animal feeding operation and a site map

showing road access, the location of any structure, and the distance from each

structure to the nearest section line. If the board of township supervisors does not

validly object to the petition within sixty days of receipt, the animal feeding operation is

deemed in compliance with the township zoning regulations. If the township allows

animal feeding operations as a conditional use, the conditional use regulations must

be limited to the board's authority under this section, and the approval process must

comply with this section. The township shall make a valid determination on the

application within sixty days of the receipt of a complete conditional use permit

application. If the board of township supervisors determines the animal feeding

operation would comply with zoning regulations or fails to object under this section, the

township may not impose additional zoning regulations relating to the nature, scope, or

location of the animal feeding operation later, provided an application is submitted

promptly to the department of environmental quality, the department issues a final

permit, and construction of the animal feeding operation commences within three

years from the date the department issues its final permit and any permit appeals are

exhausted. Any objection or determination that subsequently is reversed, set aside, or

invalidated by a court of this state, is not a valid objection or decision for the purpose

of calculating a procedural timeline under this section. A procedural timeline imposed

by this section continues to be in effect during the pendency of any appeal of a

township action or determination. A board of township supervisors may not:

a. Regulate or impose zoning restrictions or requirements on animal feeding

operations or other agricultural operations except as expressly permitted under

this section;

b. Impose water quality, closure, site security, lagoon, or nutrient plan regulations or

requirements on animal feeding operations;

c. Charge fees or expenses of any kind totaling, in the aggregate, more than five

hundred dollars in connection with any permit, petition, application, or other

request relating to animal feeding operations; or

d. Require an existing animal feeding operation to have a permit for improvements

or other modifications of an operation that is in current compliance with state and

federal regulations or require an existing operation to have a permit for

improvements or other modifications that bring the operation into compliance with

state or federal regulations, if the modifications or improvements do not cause the

operation to exceed animal numbers of the setback requirement.

10. If a party challenges the validity of a township ordinance, determination, decision, or

objection related to animal feeding operations, the court shall award the prevailing

party actual attorney's fees, costs, and expenses.

Farming and ranching regulations - Requirements - Limitations - Definitions.

(Effective after July 31, 2026)

1. For purposes of this section:

a. "Animal feeding operation" means a lot or facility, other than normal wintering

operations for cattle and an aquatic animal production facility, where the following

conditions are met:

(1) Animals, other than aquatic animals, have been, are, or will be stabled or

confined and fed or maintained for a total of forty-five days or more in any

twelve-month period; and

(2) Crops, vegetation, forage growth, or postharvest residues are not sustained

in the normal growing season over any portion of the lot or facility.

b. "Farming or ranching" means cultivating land for the production of agricultural

crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit.

The term does not include:

(1) The production of timber or forest products; or

(2) The provision of grain harvesting or other farm services by a processor or

distributor of farm products or supplies in accordance with the terms of a

contract.

c. "Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison,

elk, fur animals raised for their pelts, and any other animals that are raised, fed,

or produced as a part of farming or ranching activities.

d. "Location" means the setback distance between a structure, fence, or other

boundary enclosing an animal feeding operation, including its animal waste

collection system, and the nearest occupied residence, the nearest buildings

used for nonfarm or nonranch purposes, or the nearest land zoned as a

residential, recreational, or commercial zoning district. The term does not include

the setback distance for the application of manure or for the application of other

recycled agricultural material under a nutrient management plan approved by the

department of environmental quality.

2. For purposes of this section, animal units are determined as provided under

subdivision c of subsection 7 of section 23.1-06-15.

3. A board of township supervisors may not prohibit or prevent the use of land or

buildings for farming or ranching or any of the normal incidents of farming or ranching.

4. Except as provided in this section, a regulation may not preclude the development of

an animal feeding operation in the township.

5. A board of township supervisors may not prohibit the reasonable diversification or

expansion of a farming or ranching operation.

6. A board of township supervisors may adopt regulations that establish different

standards for the location of animal feeding operations based on the size of the

operation and the species and type being fed.

7. If a regulation would impose a substantial economic burden on an animal feeding

operation in existence before the effective date of the regulation, the board of township

supervisors shall declare that the regulation is ineffective with respect to any animal

feeding operation in existence before the effective date of the regulation.

8. a. A board of township supervisors may establish high-density agricultural

production districts in which setback distances for animal feeding operations and

related agricultural operations are less than those in other districts.

b. A board of township supervisors may establish, around areas zoned for

residential, recreational, or nonagricultural commercial uses, low-density

agricultural production districts in which setback distances for animal feeding

operations and related agricultural operations are greater than those in other

districts; provided, the low-density agricultural production districts may not extend

more than one-half mile [0.80 kilometer] from the edge of the area zoned for

residential, recreational, or nonagricultural commercial uses.

c. A board of township supervisors may not adopt or enforce setbacks applicable to

animal feeding operations that exceed the setback distances provided in

subsection 7 of section 23.1-06-15, except setback distances may be reduced or

extended based on the results of the odor footprint tool developed by the

agriculture commissioner. A township may not use an odor annoyance free

percentage exceeding ninety-four percent.

d. For purposes of this subsection, a "related agricultural operation" means a facility

that produces a product or byproduct used by an animal feeding operation.

9. a. A person intending to construct an animal feeding operation may petition the

board of township supervisors for a determination whether the animal feeding

operation would comply with zoning regulations adopted under this section and

filed with the department of environmental quality under section 58-03-17 before

the date the petition was received by the township.

b. The petition must contain a description of the nature, scope, and location of the

proposed animal feeding operation and a site map showing road access, the

location of any structure, and the distance from each structure to the nearest

section line.

c. If the board of township supervisors does not validly object to the petition within

sixty days of receipt, the animal feeding operation is deemed in compliance with

the township zoning regulations. If the township allows animal feeding operations

as a conditional use, the conditional use regulations must be limited to the

board's authority under this section, and the approval process must comply with

this section. The township shall make a valid determination on the application

within sixty days of the receipt of a complete conditional use permit application.

d. If the board of township supervisors determines the animal feeding operation

would comply with zoning regulations or fails to object under this section, the

township may not impose additional zoning regulations relating to the nature,

scope, or location of the animal feeding operation later, provided an application is

submitted promptly to the department of environmental quality, the department

issues a final permit, and construction of the animal feeding operation

commences within three years from the date the department issues its final

permit and any permit appeals are exhausted. Any objection or determination that

subsequently is reversed, set aside, or invalidated by a court of this state, is not a

valid objection or decision for the purpose of calculating a procedural timeline

under this section.

e. A procedural timeline imposed by this section continues to be in effect during the

pendency of any appeal of a township action or determination.

f. A board of township supervisors may not:

(1) Regulate or impose zoning restrictions or requirements on animal feeding

operations or other agricultural operations except as expressly permitted

under this section;

(2) Impose water quality, closure, site security, lagoon, or nutrient plan

regulations or requirements on animal feeding operations;

(3) Charge fees or expenses of any kind totaling, in the aggregate, more than

five hundred dollars in connection with any permit, petition, application, or

other request relating to animal feeding operations; or

(4) Require an existing animal feeding operation to have a permit for

improvements or other modifications of an operation that is in current

compliance with state and federal regulations or require an existing

operation to have a permit for improvements or other modifications that

bring the operation into compliance with state or federal regulations, if the

modifications or improvements do not cause the operation to exceed animal

numbers of the setback requirement.

10. If a party challenges the validity of a township ordinance, determination, decision, or

objection related to animal feeding operations, the court shall award the prevailing

party actual attorney's fees, costs, and expenses.
N.D. Cent. Code § 58-04-15 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-15
58-04-15. Tie vote - How determined
Status: in_force

58-04-15. Tie vote - How determined

If two or more persons have an equal and the highest number of votes for an office, the

judges of election, immediately and publicly, shall determine by a drawing of names who of such

persons shall be declared elected. A candidate involved in a tie vote may withdraw the

candidate's name from consideration if the candidate is willing to sign a statement to that effect

in the presence of and witnessed by the filing officer of the election. If no candidates remain, the

office is to be filled according to the rules for filling an office when a vacancy exists.
N.D. Cent. Code § 58-02-08 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-08
58-02-08. Fractional township - Annexing to another township
Status: in_force

58-02-08. Fractional township - Annexing to another township

The board of county commissioners may attach a fractional congressional township to an

adjoining township within the same county or divide it between two or more townships within the

same county upon the petition of a majority of the qualified electors to be affected.
N.D. Cent. Code § 58-12-02 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-02
58-12-02. Compensation of overseer
Status: in_force

58-12-02. Compensation of overseer

The compensation of the overseer must be fixed by the board of township supervisors and

must be paid on the presentation of a proper claim at the meeting of the board on the last

Tuesday in October.
N.D. Cent. Code § 58-05.1-06 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-06
58-05.1-06. Transition board
Status: in_force

58-05.1-06. Transition board

The board of township supervisors of each township involved in the consolidation shall

select one supervisor to be a member of a transition township board. If there are fewer than

three townships involved in the consolidation, each board of township supervisors may select

two supervisors to be members of the transition board. The clerk of the township that proposed

the consolidation shall act as clerk for the transition board. The transition board shall assume all

the powers and duties of the township officers of each township approving the consolidation on

the first of January following the election. The transition board shall continue in existence until

the first annual meeting of the consolidated townships and shall prepare a proposed budget for

the multitownship board.
N.D. Cent. Code § 58-05.1-08 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-08
58-05.1-08. General township laws applicable
Status: in_force

58-05.1-08. General township laws applicable

When applicable, all laws relating to a board of township supervisors apply to a

multitownship board of supervisors.
N.D. Cent. Code § 58-06-11 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-11
58-06-11. Floodplain management ordinances - Requirements - Limitations - Definitions - Enforcement
Status: in_force

58-06-11. Floodplain management ordinances - Requirements - Limitations -

Definitions - Enforcement.

1. As used in this chapter:

a. "Floodplain management" has the same meaning as in section 61-16.2-02.

b. "Floodplain management ordinance" has the same meaning as in section

61-16.2-02.

c. "Indian country" means:

(1) Land within the limits of any Indian reservation that is under the jurisdiction

of the United States government and located within this state,

notwithstanding the issuance of any patent, and, including rights of way

running through the reservation;

(2) Dependent Indian communities within this state whether within the original

or subsequently acquired territory of the state; and

(3) Indian allotments within this state, the Indian titles to which have not been

extinguished, including rights of way running through the allotted land.

2. A board of township supervisors by written resolution may exercise floodplain

management under chapter 61-16.2. Upon the adoption of the resolution, the board of

township supervisors has exclusive authority to regulate floodplain management and

shall enact a floodplain management ordinance applying to all persons and property

within the boundaries of the township, except for persons and property within a city's

zoning jurisdiction as provided under chapter 40-47 or within the exterior boundaries of

Indian country. The township clerk shall forward a copy of the written resolution to the

county auditor of the county where the township is located and the department of

water resources for inclusion in the central repository established under section

61-16.2-15.

3. A township not exercising its floodplain management authority under this section is

subject to the floodplain management authority of the county under section 11-11-71.

4. After acquiring floodplain management authority from the county under subsection 2,

the township may relinquish its floodplain management authority back to the county

upon execution of a written agreement signed by the board of county commissioners

and the board of township supervisors. The county may not require the township to

convey an additional authority legally afforded to the township in exchange for the

written agreement. The relinquishment of authority may not become effective sooner

than sixty days after the board of township supervisors delivers a written notice of

proposed relinquishment to the appropriate board of county commissioners.

5. If a township previously exercised floodplain management authority and becomes

subject to county floodplain management authority under this section, the township

shall defend, indemnify, and hold harmless the county and its agents, officers, and

employees from and against a claim for damages arising from a township's

noncompliance with chapter 61-16.2 and the national flood insurance program

[42 U.S.C. 4001 et seq.].

6. Upon enactment of a floodplain management ordinance by a township under this

section, the township clerk shall forward the ordinance to the department of water

resources for inclusion in the central repository established under section 61-16.2-15.

7. The township clerk of a township exercising floodplain management authority shall

certify to the department of water resources by April thirtieth of each year the names of

the township supervisors and officers and that the township is undertaking floodplain

management activities under chapter 61-16.2.

8. A township exercising floodplain management authority is not required to activate its

zoning authority under chapter 58-03 before enacting a floodplain management

ordinance.

9. In a township exercising floodplain management, the board of township supervisors

shall enforce an ordinance or regulation enacted under this section. The board of

township supervisors may impose enforcement duties on an officer, department,

agency, or employee of the township.
N.D. Cent. Code § 58-02-28 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-28
58-02-28. When township dissolved - Disposition of property and records
Status: in_force

58-02-28. When township dissolved - Disposition of property and records

If a majority of votes cast at the township meeting are in favor of dissolution, the township

ceases to be a corporation on the next succeeding January first. After payment of the township's

debts and liabilities, any funds on hand derived from property taxes levied by the township may

be allocated among taxpayers of the township in proportion to their relative ownership shares of

the taxable valuation of property in the township, any funds on hand from sources other than

property taxes levied by the township must be transferred by the township treasurer to the

treasurer of the county in which the township is located for deposit in the county general fund,

and any real or personal property must be disposed of in the manner directed by a majority of

the voters of the township at any special meeting. All of the township records must be turned

over for preservation and safekeeping to the county auditor of the county in which the township

is located.
N.D. Cent. Code § 58-06-07 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-07
58-06-07. Board of township supervisors to elect chairman
Status: in_force

58-06-07. Board of township supervisors to elect chairman

At its first regular meeting following the annual township meeting, the board of township

supervisors shall elect one of its members as chairman. The chairman shall serve for a term of

one year.
N.D. Cent. Code § 58-05-07 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-07
58-05-07. Officers to take oath
Status: in_force

58-05-07. Officers to take oath

Each person elected or appointed to the office of supervisor, township clerk, assessor,

treasurer, or township overseer of highways, within ten days after the person is notified of the

person's election or appointment, shall take and subscribe the oath prescribed in section 4 of

article XI of the Constitution of North Dakota. If the oath is administered by the township clerk,

no fee may be charged therefor.
N.D. Cent. Code § 58-13-08 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-08
58-13-08. Immunity from liability
Status: in_force

58-13-08. Immunity from liability

A poundmaster or an agent of the poundmaster who has custody of an animal under this

chapter, is acting in an official capacity, and making a good-faith effort to comply with this

chapter is immune from any civil or criminal liability for acts taken or omitted while attempting to

comply with this chapter.
N.D. Cent. Code § 58-02-02 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-02
58-02-02. Commissioners report to county auditor
Status: in_force

58-02-02. Commissioners report to county auditor

The board of county commissioners shall make and file a full report with the county auditor

in relation to all its proceedings in the establishment of a civil township.
N.D. Cent. Code § 58-03-02 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-02
58-03-02. Powers of township limited
Status: in_force

58-03-02. Powers of township limited

No township may possess or exercise any corporate powers except those enumerated in

this chapter, those specially given by law, and those necessary to the exercise of the powers

enumerated or granted.
N.D. Cent. Code § 58-13-05 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-05
58-13-05. Humane treatment of animals - Poundmaster may destroy worthless animals
Status: in_force

58-13-05. Humane treatment of animals - Poundmaster may destroy worthless

animals.

The poundmaster shall provide humane treatment and care for any animal in the pound. If

any animal taken up by the poundmaster is deemed by the poundmaster to be worthless and

cannot be sold, the poundmaster may offer the animal for adoption. If after five days the animal

has not been adopted, the poundmaster shall destroy the animal and dispose of it. The board of

township supervisors shall pay the poundmaster out of the general fund of the township.
N.D. Cent. Code § 58-02-06 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-06
58-02-06. First township meeting
Status: in_force

58-02-06. First township meeting

The first township meeting of a newly organized township must be held within twenty days

after the township is organized at a time and place designated by the board of county

commissioners. Notice of the time and place of the meeting must be prepared by the board. The

sheriff shall post such notice in the township not less than ten days before the day set for the

meeting.
N.D. Cent. Code § 58-01-01 — ND Code / Title 58 / Chapter 58-01 / Section 58-01-01
58-01-01. Township defined
Status: in_force

58-01-01. Township defined

Whenever in this title the word "township" is used without any other descriptive word or

phrase, a civil township is referred to without regard to the number of congressional townships

incorporated therein.
N.D. Cent. Code § 58-18-02 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-02
58-18-02. Improvement districts to be created
Status: in_force

58-18-02. Improvement districts to be created

For the purpose of making an improvement project and defraying the cost by special

assessment, a board of township supervisors may create an improvement district upon petition

of sixty percent of the freeholders in a proposed improvement district area. The improvement

district must be designated by a name appropriate to the type of improvement and by a number

distinguishing it from other improvement districts.
N.D. Cent. Code § 58-06-05 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-05
58-06-05. Where meetings of board of supervisors held
Status: in_force

58-06-05. Where meetings of board of supervisors held

The regular meetings of the board of township supervisors must be held at the office of the

township clerk or at the usual place for holding the annual township meetings if there is one.
N.D. Cent. Code § 58-06-04 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-04
58-06-04. May hold adjourned and special meetings
Status: in_force

58-06-04. May hold adjourned and special meetings

The board of township supervisors may adjourn from time to time and in cases of

emergency may hold special meetings on the call of the township clerk.
N.D. Cent. Code § 58-14-08 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-08
58-14-08. When execution may issue on judgment against township
Status: in_force

58-14-08. When execution may issue on judgment against township

If the township makes a levy for the payment of a judgment, the moneys derived from such

levy shall be used for no other purpose. If the amount received by the township treasurer from

the county treasurer on such levy is not paid upon such judgment within thirty days after its

receipt, execution may be issued, but only township property is subject to levy.
N.D. Cent. Code § 58-13-06 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-06
58-13-06. Disposition of proceeds of sale
Status: in_force

58-13-06. Disposition of proceeds of sale

Out of the money realized from the sale of any impounded animals, the poundmaster shall

deduct all of the poundmaster's legal fees and charges and shall deliver the balance, if any, to

the chairman of the board of township supervisors, with an accurate description of the animals

sold and the amount received by the poundmaster for each animal. The board of township

supervisors shall give the poundmaster a receipt in duplicate for the money paid to it and the

poundmaster shall file one of the receipts with the township clerk. The board, at any time within

six months after the sale of the animals and upon sufficient proof from the owner of any animal

sold, shall pay to the owner the amount received from the poundmaster. If the money is not

claimed within six months after the sale, the sum received must be retained for the use of the

township.
N.D. Cent. Code § 58-05-05 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-05
58-05-05. Bonds of officers
Status: in_force

58-05-05. Bonds of officers

Each person elected or appointed to the office of township clerk, assessor, or treasurer,

within ten days after the person is notified of the person's election or appointment, and before

entering upon the duties of the person's office, must be bonded for the faithful discharge of the

person's duties in the same manner as other civil officers are bonded and in the following

amounts:

1. The bond of the township clerk must be in such amount as may be determined by the

board of township supervisors.

2. The bond of the treasurer must be in such amount as may be determined by the board

of township supervisors and must be not less than the maximum amount of money

that shall be subject to such treasurer's control at any one time.

3. The bond of the assessor must be in the amount of one thousand dollars.

Such bonds, or the certificates issued in lieu thereof, must be filed in the office of the township

clerk.
N.D. Cent. Code § 58-04-10 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-10
58-04-10. Officers to be elected by ballot
Status: in_force

58-04-10. Officers to be elected by ballot

The supervisors, treasurer, and clerk in each township must be elected by ballot. All other

officers, if not otherwise provided by law, must be chosen either by yeas and nays or by a

division as the electors determine.
N.D. Cent. Code § 58-03-16 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-16
58-03-16. Real property transfers
Status: in_force

58-03-16. Real property transfers

Every township may convey, sell, or dispose of real property of the township upon

recommendation by the board of township supervisors and upon approval by the township

electors at the annual meeting or at a special meeting called for such purpose. When the board

estimates the real property to be of a value of less than one thousand dollars, it may be sold at

private sale, but in all other cases such property may be sold only at public sale. A notice

containing a description of the property to be sold and designating the place where and the day

and hour when the sale will be held must be published in the official county newspaper once

each week for two consecutive weeks with the last publication being at least ten days prior to

the date set for the sale. The township electors shall determine and the notice must specify

whether the bids are to be received at auction or as sealed bids. The property advertised must

be sold to the highest bidder if that bid is deemed sufficient by a majority of the township

supervisors.
N.D. Cent. Code § 58-05-14 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-14
58-05-14. Successor to demand records in case of death
Status: in_force

58-05-14. Successor to demand records in case of death

Upon the death of a supervisor, township clerk, or assessor, the successor of such officer

shall make such demand as is provided in section 58-05-13 of the personal representative of

such deceased officer. The personal representative shall deliver upon oath all records, books,

papers, or moneys in the personal representative's possession or under the personal

representative's control belonging to the office held by the personal representative's testator or

intestate.
N.D. Cent. Code § 58-13-01 — ND Code / Title 58 / Chapter 58-13 / Section 58-13-01
58-13-01. Poundmaster to have direction of pound
Status: in_force

58-13-01. Poundmaster to have direction of pound

Any pound established by the township electors must be under the care and direction of a

poundmaster appointed by the board of township supervisors. If a poundmaster is not

appointed, the chairman of the board of township supervisors may contract with the county

sheriff to perform the duties. The poundmaster shall enforce the ordinances, bylaws, or

resolutions enacted by the board of township supervisors.
N.D. Cent. Code § 58-02-17 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-17
58-02-17. Determination of pro rata amount due from annexed territory
Status: in_force

58-02-17. Determination of pro rata amount due from annexed territory

The members of the boards of township supervisors and the township clerks present at the

meeting provided for in section 58-02-14 shall determine the amount due from the annexed

territory to the township to which it has been annexed by taking into account the assets and

liabilities of the township to which the new territory has been annexed and of the township or

fraction of a township annexed thereto. Such amount must be determined by the relative

valuation of the annexed territory and of the township to which the annexation has been made

as shown by the last preceding assessment.
N.D. Cent. Code § 58-03-04 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-04
58-03-04. Townships provide for confinement of prisoners
Status: repealed

58-03-04. Townships provide for confinement of prisoners

Repealed by S.L. 1979, ch. 172, § 29.
N.D. Cent. Code § 58-18-06 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-06
58-18-06. Election approval of project - Assessment levy
Status: in_force

58-18-06. Election approval of project - Assessment levy

If the election under this chapter results in approval of a project, the board of township

supervisors may cause the improvement to be made and may levy and collect assessments

from the improvement district.
N.D. Cent. Code § 58-04-20 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-20
58-04-20. When board of county commissioners may designate township officers - Powers and duties of appointed officers
Status: in_force

58-04-20. When board of county commissioners may designate township officers -

Powers and duties of appointed officers.

If notice of a township meeting is not given under section 58-04-19 within thirty days after

the time set by law for the holding of the annual township meeting, the board of county

commissioners of the county in which the township is located shall appoint the necessary

township officers. Such appointment must be made upon the filing in the office of the county

auditor of an affidavit of a freeholder of the township setting forth the facts. The persons

appointed by the board shall hold their respective offices until their successors are elected and

qualified.
N.D. Cent. Code § 58-12-06 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-06
58-12-06. Overseer prohibited from taking contract work - Penalty
Status: repealed

58-12-06. Overseer prohibited from taking contract work - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 58-04-05 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-05
58-04-05. Organization of annual or special meetings
Status: in_force

58-04-05. Organization of annual or special meetings

The qualified electors present on the day of the annual or special meeting must be called to

order by the township clerk, or, if the township clerk is not present, the qualified electors may

elect by acclamation one of their number to act as chairman for the purpose of calling the

meeting to order and to act as clerk after the selection of a moderator. The qualified electors

shall elect by acclamation three of their number as judges, and such judges must be sworn and

shall act as the judges of the qualifications of the qualified electors of the township. The

qualified electors shall proceed to choose one of their number to preside as moderator of the

meeting. The township clerk, if present, or in the township clerk's absence, the clerk of the

meeting, shall keep full minutes of its proceedings in which must be entered at length every

order, direction, rule, and regulation made by the meeting. Meeting and voting hours of an

annual or special meeting are optional with the township board, provided proper notice is given

under the provisions of this chapter. The positions of moderator, clerk, and the three judges

must be separate and distinct positions and no such positions may be held by the same person.

The moderator, clerk, and the three judges each may be entitled to compensation of no more

than sixty dollars per day for each day actually expended in the performance of their duties.

Such salary must be paid out of township funds made available for such purpose. However, in

those townships in which the offices of township clerk and treasurer have been merged, the

person holding such office shall receive compensation as provided by law as township treasurer

only and may not receive additional compensation for duties as clerk.
N.D. Cent. Code § 58-04-04 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-04
58-04-04. What notice of special meeting must specify - Business transacted at meeting limited
Status: in_force

58-04-04. What notice of special meeting must specify - Business transacted at

meeting limited.

Each notice given for a special meeting must specify the purpose for which it is to be held.

No business other than that specified in the notice may be transacted at such meeting. If

vacancies in office are to be filled at the meeting, the notice must specify in what offices the

vacancies exist, how they occurred, who was the last incumbent, and when the term of each

office expires.
N.D. Cent. Code § 58-12-01 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-01
58-12-01. Township overseer of highways - Appointment
Status: in_force

58-12-01. Township overseer of highways - Appointment

The board of township supervisors, at its meeting on the fourth Tuesday in March, shall

appoint one township overseer of highways who must be a practical roadbuilder.
N.D. Cent. Code § 58-04-12 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-12
58-04-12. Judges to deposit ballots
Status: in_force

58-04-12. Judges to deposit ballots

When the election is by ballot, the marked ballot must be delivered to one of the judges so

folded as to conceal its contents, and the judges shall deposit the ballots in a box provided for

that purpose.
N.D. Cent. Code § 58-04-16 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-16
58-04-16. Result of canvass to be announced - Notice to voters
Status: in_force

58-04-16. Result of canvass to be announced - Notice to voters

When the canvass is completed, the clerk shall enter at length in the minutes of the meeting

kept by the clerk, as required in section 58-04-05, a statement of the result of the election which

must be read publicly by the clerk to the meeting, and such reading must be deemed notice of

the result of the election to every person whose name is entered on the poll list as a voter.
N.D. Cent. Code § 58-04-02.1 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-02.1
58-04-02.1. Expansion of membership of the board of township supervisors
Status: in_force

58-04-02.1. Expansion of membership of the board of township supervisors

At the annual township meeting or a special meeting, the electors of the township may

approve expansion of the board of township supervisors from three to five members. At the first

annual meeting after a special meeting at which the expansion is authorized, or at the annual

meeting at which the expansion is authorized, the electors of the township shall elect three

members of the board of township supervisors. Two of the members of the board elected under

this section must be elected for three-year terms and one supervisor must be elected for a

two-year term. Thereafter, terms of office of members of the board of township supervisors will

be as provided in section 58-05-02.
N.D. Cent. Code § 58-02-32 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-32
58-02-32. Proof of signatures on petition
Status: in_force

58-02-32. Proof of signatures on petition

The fact that any petition required under any provision of this chapter is signed by the

required number of signers residing in the territory described therein may be proved by the

affidavit of any qualified elector residing in the territory and having knowledge of the facts.
N.D. Cent. Code § 58-02-01 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-01
58-02-01. Organization of township - Petition - Election
Status: in_force

58-02-01. Organization of township - Petition - Election

If twenty-five percent of the qualified electors who voted for governor in the last general

election of a congressional township which has taxable valuation of more than twenty thousand

dollars and which contains twenty-five or more qualified electors petition the board of county

commissioners for the organization of the congressional township into a civil township, the

board of county commissioners shall then submit the question whether said township shall be

organized to the qualified electors in the congressional township. If twenty-five percent of the

qualified electors who voted for governor in the last general election of two or more neighboring

congressional townships which have an aggregate taxable valuation of more than twenty

thousand dollars and which contain an aggregate of twenty-five or more qualified electors

petition the board of county commissioners for the organization of the congressional townships

into a civil township, the board of county commissioners shall then submit the question whether

said township shall be organized to the qualified electors in the congressional townships. Thirty

days' published notice in at least one newspaper of general circulation in the township must be

given of the election. The board of county commissioners shall appoint the election officials

necessary for the election. If a majority of the votes cast approve of organization, the township

must then be organized, and if the petitions filed for organization did not designate a name, the

board of county commissioners shall select one.
N.D. Cent. Code § 58-06-08 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-08
58-06-08. Approve bonds of township officers
Status: in_force

58-06-08. Approve bonds of township officers

At its first meeting after the election of township officers, the chairman of the board of

township supervisors shall approve the bonds of township officers and the officers immediately

shall enter upon the discharge of their duties.
N.D. Cent. Code § 58-04-02 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-02
58-04-02. Special meetings - When held
Status: in_force

58-04-02. Special meetings - When held

A special township meeting may be held for the purpose of:

1. Electing township officers to fill vacancies that occur;

2. Authorizing expansion of the board of township supervisors from three to five

members;

3. Removing an elected township officer;

4. Transacting other lawful township business whenever the supervisors or township

clerk, or any two of them, or twenty percent of the freeholders of the township, shall file

in the office of the township clerk a written statement that a special meeting is

necessary; or

5. Whenever a special meeting is required by any other provision of the laws of this state.
N.D. Cent. Code § 58-05.1-07 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-07
58-05.1-07. Multitownship board - Election
Status: in_force

58-05.1-07. Multitownship board - Election

Following the annual township meeting under section 58-04-01 and the consolidation

election, a multitownship meeting must be held and the qualified electors shall elect a

multitownship board of supervisors. If the number of consolidated townships is five or fewer, the

multitownship board of supervisors must consist of one supervisor elected from each township.

If the number of consolidated townships is two or four, an additional township supervisor must

be elected at large so the multitownship board consists of three or five members. The length of

the terms of the supervisors first elected must be staggered so that the terms of an equal

amount of supervisors, or as nearly as practicable, expire each year. In addition, the qualified

electors shall elect a multitownship clerk and a multitownship treasurer. The multitownship

officers elected at the annual meeting shall assume all the powers and duties of the township

officers of the townships approving the consolidation.
N.D. Cent. Code § 58-14-03 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-03
58-14-03. Supervisors of township to provide for defense
Status: in_force

58-14-03. Supervisors of township to provide for defense

When a township is sued, the member of the board of township supervisors upon whom

service of process is made shall call a special meeting of the board within six days after service.

At the special meeting, the board shall provide for the defense of the action and employ counsel

for that purpose. The expense of the defense must be audited by the board and paid out of any

unappropriated funds in the township treasury.
N.D. Cent. Code § 58-05-17 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-17
58-05-17. Vacancies in appointing board
Status: repealed

58-05-17. Vacancies in appointing board

Repealed by omission from this code.
N.D. Cent. Code § 58-08-01 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-01
58-08-01. Compensation of treasurer
Status: in_force

58-08-01. Compensation of treasurer

The township treasurer may receive as compensation for services up to one hundred

dollars a day for each day necessarily devoted to the work of the treasurer's office not

exceeding four thousand dollars in a calendar year. The electors of the township shall establish

the daily compensation rate for the township treasurer at each annual township meeting.

Additional compensation over four thousand dollars may be provided for reimbursement of

expenses as provided in section 44-08-04 and for mileage as provided in section 54-06-09 for

each mile [1.61 kilometers] necessarily traveled in the performance of the treasurer's duties.

The township treasurer may not be allowed a percentage on the balance turned over to the

treasurer's successor in office.
N.D. Cent. Code § 58-02-24 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-24
58-02-24. Obligations of original township enforced
Status: in_force

58-02-24. Obligations of original township enforced

The division of a congressional or fractional township from an organized civil township does

not prevent the enforcement of the obligations of the original township existing prior to the

division.
N.D. Cent. Code § 58-05-04 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-04
58-05-04. Election of supervisors and other officers in newly organized townships
Status: in_force

58-05-04. Election of supervisors and other officers in newly organized townships

At the first meeting of a newly organized township, officers must be elected as follows: one

supervisor to serve until the first annual township meeting; one supervisor to serve until the

second annual meeting; and one supervisor to serve until the third annual meeting. All the other

township officers must be elected to serve until the annual township meeting in an

even-numbered year.
N.D. Cent. Code § 58-14-05 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-05
58-14-05. Recovery in cases of trespass
Status: in_force

58-14-05. Recovery in cases of trespass

If it appears, on the trial of an action brought by a township to recover a penalty imposed for

trespass committed on township lands, that the actual amount of injury to the township lands

exceeds the sum of twelve dollars and fifty cents, the amount of actual damage with costs of the

suit must be recovered in such action instead of the penalty imposed by the township bylaws.

Such recovery is a bar to all other actions for the same trespass.
N.D. Cent. Code § 58-02-18 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-18
58-02-18. Tax levies against territory annexed
Status: in_force

58-02-18. Tax levies against territory annexed

At the first annual township meeting after the consolidation of the townships or the

consolidation of a township and a fraction of a township, there must be levied against the

fraction of a township or township annexed the sum found to be due to the township to which

the annexation was made, and if the territory annexed is a fraction of a township which was

detached from a civil township, the amount due to the original township to pay the outstanding

indebtedness thereof, if any. Such levy is in addition to the levy provided by law. Taxes levied on

the detached territory while it was a part of another civil township to pay anticipated obligations

must be allocated to the detached territory, if the obligations for which the levy was made had

not been incurred at the time the detachment became effective. Such taxes must be considered

in levying the taxes provided for in this section. When the adjustment between a township and a

fraction thereof detached therefrom and joined to another township involves the modification of

tax levies theretofore made for the payment of any indebtedness for which an irrepealable levy

was required to be made, notice of such modification must be given to all holders of bonds or

other evidences of indebtedness. If such holders do not object to the modification within twenty

days after such notice, they must be deemed to have concurred therein.
N.D. Cent. Code § 58-06-10 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-10
58-06-10. Business with board - When to appear
Status: in_force

58-06-10. Business with board - When to appear

All persons having business to transact with the board of township supervisors shall appear

before the board at any regular meeting or file such business with the township clerk to be laid

before the board by the township clerk at its next meeting.
N.D. Cent. Code § 58-05-12 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-12
58-05-12. Officers interested in contracts of township
Status: in_force

58-05-12. Officers interested in contracts of township

Except as otherwise provided by this section, no township officer may become a party to or

be interested, directly or indirectly, in any contract made by the board of which the officer is a

member. Every contract or payment voted for or made contrary to this section is void. Any

violation of this section constitutes malfeasance in office which subjects the offending officer to

removal from office. A township officer may become a party to or be interested, directly or

indirectly, in any contract made by the board if:

1. The officer is qualified to undertake the contract.

2. The board, when possible, has requested bids or offers from at least two persons.

3. The board gives due consideration to all reasonable bids or offers to provide the same

service to the township.

4. The officer having an interest in the contract is a supervisor, that supervisor does not

vote on the contract, and the other members of the board of supervisors vote

unanimously in favor of the contract.

5. The officer having an interest in the contract is not a supervisor, all members of the

board of supervisors vote unanimously in favor of the contract.
N.D. Cent. Code § 58-09-01 — ND Code / Title 58 / Chapter 58-09 / Section 58-09-01
58-09-01. Assessor must be voter and owner of real estate
Status: repealed

58-09-01. Assessor must be voter and owner of real estate

Repealed by S.L. 1973, ch. 450, § 4; 1973, ch. 492, § 4.
N.D. Cent. Code § 58-05-15 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-15
58-05-15. Board may accept resignations
Status: in_force

58-05-15. Board may accept resignations

The board of township supervisors, for sufficient cause shown to it, may accept the

resignation of any officer in its township. Whenever the board accepts a resignation, it shall give

notice thereof to the township clerk.
N.D. Cent. Code § 58-04-08 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-08
58-04-08. Who are voters at township meetings
Status: in_force

58-04-08. Who are voters at township meetings

A person may not vote at any township meeting unless that person is qualified to vote at

general elections therein.
N.D. Cent. Code § 58-05-18 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-18
58-05-18. When county auditor to appoint township assessor
Status: in_force

58-05-18. When county auditor to appoint township assessor

If a township assessor is elected or appointed and fails or refuses to qualify or to discharge

the duties of the office, or if the electors of a township have provided that the assessor must be

elected but fail for any reason to elect an assessor, and the board of township supervisors and

the board of county commissioners fail or refuse to appoint such officer for the township on or

before the fifteenth day of February of the year for which the assessor is to serve or if the

electors of a township have authorized the assessment to be contracted for as provided in

section 58-05-02 and the board of township supervisors fails or refuses to enter into such a

contract by the fifteenth day of February, the county auditor shall appoint an assessor for the

township.
N.D. Cent. Code § 58-06-06 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-06
58-06-06. Quorum of the board
Status: in_force

58-06-06. Quorum of the board

Two of the supervisors constitute a quorum for the performance of the duties of the board of

township supervisors except when otherwise provided by law.
N.D. Cent. Code § 58-01-03 — ND Code / Title 58 / Chapter 58-01 / Section 58-01-03
58-01-03. Conveyance to township - If for benefit of inhabitant need not be in township name
Status: in_force

58-01-03. Conveyance to township - If for benefit of inhabitant need not be in

township name.

Each conveyance of land within the limits of a township made in any manner for the use or

benefit of its inhabitants has the same effect as if made to the township by name.
N.D. Cent. Code § 58-03-06 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-06
58-03-06. Township charges and levies
Status: in_force

58-03-06. Township charges and levies

The following must be deemed township charges:

1. The compensation of township officers.

2. Contingent expenses necessarily incurred for the use and benefit of the township.

3. The moneys authorized to be raised by the vote of the township meeting for any

township purpose.

4. Each sum directed by law to be raised for any township purpose.
N.D. Cent. Code § 58-03-12 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-12
58-03-12. Basis for township zoning regulations and restrictions
Status: in_force

58-03-12. Basis for township zoning regulations and restrictions

1. The regulations and restrictions established in any township zoning district must be

made in accordance with a comprehensive plan with reasonable consideration as to

the character of such district, its peculiar suitability for particular uses, the normal

growth of the municipality, and the various types of occupations, industries, and land

uses within the area, and must be designed to facilitate traffic movement, encourage

orderly growth and development of the municipality and adjacent areas, promote

health, safety, and general welfare, and provide for emergency management, including

and subject to floodplain management as provided under section 58-06-11.

2. "Emergency management" means a comprehensive integrated system at all levels of

government and in the private sector which provides for the development and

maintenance of an effective capability to mitigate, prepare for, respond to, and recover

from known and unforeseen hazards or situations, caused by an act of nature or man,

which may threaten, injure, damage, or destroy lives, property, or our environment.

The comprehensive plan must be a statement in documented text setting forth explicit

goals, objectives, policies, and standards of the jurisdiction to guide public and private

development within its control.
N.D. Cent. Code § 58-07-02 — ND Code / Title 58 / Chapter 58-07 / Section 58-07-02
58-07-02. Clerk may appoint deputy - Deputy to take oath
Status: in_force

58-07-02. Clerk may appoint deputy - Deputy to take oath

The township clerk may appoint a deputy for whose acts the township clerk is responsible.

Before a deputy clerk enters upon the duties of the office, the deputy clerk shall take and

subscribe the oath required by the Constitution of North Dakota and shall file the same in the

office of the clerk of the district court. In those townships in which the offices of township clerk

and treasurer have been merged, the person elected to fill the new office shall appoint a deputy

only after receiving the approval of the board of township supervisors.
N.D. Cent. Code § 58-02-05 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-05
58-02-05. Duty of state auditor when similar names are adopted by different townships
Status: repealed

58-02-05. Duty of state auditor when similar names are adopted by different

townships.

Repealed by S.L. 1987, ch. 262, § 3.
N.D. Cent. Code § 58-03-10 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-10
58-03-10. Township bylaws - Clerk must publish and record - On whom binding
Status: repealed

58-03-10. Township bylaws - Clerk must publish and record - On whom binding

Bylaws made by a township do not take effect until they are published. The township clerk

shall have the bylaws published in a legal newspaper published in the township. If there is no

such newspaper, the bylaws must be published in the county's official newspaper. The clerk

shall make an entry in the township records of the time when and place where the bylaws were

published. The township bylaws duly made and published are binding upon all persons coming

within the limits of the township as well as upon the inhabitants thereof and remain in force until

altered or repealed at some subsequent township meeting.
N.D. Cent. Code § 58-12-03 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-03
58-12-03. Duties of the overseer
Status: repealed

58-12-03. Duties of the overseer

The township overseer of highways shall:

1. Have direct charge of the construction and maintenance of all township highways and

bridges, whether the work done is by contract or day labor.

2. Be responsible for the maintenance of the township highways throughout the entire

year.

3. Repealed by S.L. 1951, ch. 178, § 5.

4. Execute all lawful orders of the board of township supervisors.
N.D. Cent. Code § 58-05.1-03 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-03
58-05.1-03. Submission of consolidation plan to electors
Status: in_force

58-05.1-03. Submission of consolidation plan to electors

The board of township supervisors of each township that is involved in the proposed

consolidation shall call a special township meeting to consider and vote on the proposed

consolidation. The ballot used at the election must be in substantially the following form:

Shall the townships of ___________________ (name of townships to be consolidated)

consolidate township boards under one multitownship board of officers to be identified

as multitownship board number _______?

Yes ☐

No ☐

If a majority of all votes cast on the question in the township proposing the consolidation and in

any adjoining townships are in favor of the consolidation, the consolidation is approved for those

township boards of officers.
N.D. Cent. Code § 58-08-07 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-07
58-08-07. Warrant record - Endorsement of warrants not paid
Status: in_force

58-08-07. Warrant record - Endorsement of warrants not paid

Each township treasurer shall keep a suitable book to be provided at the expense of the

township in which the township treasurer shall register serially all township warrants which are

presented for payment and which cannot be paid for want of funds. When such warrants are

presented to the township treasurer and cannot be paid for want of funds, the township

treasurer shall endorse upon the back of each the words "not paid for want of funds", giving the

date of such endorsement, and shall sign that person's name to such endorsement as township

treasurer. When so endorsed, each warrant must bear interest from that date until it has been

called for payment. Such warrants must be paid in the order in which they are presented for

payment and registered out of the first moneys that come into the treasurer's hands for such

purposes.
N.D. Cent. Code § 58-05-10 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-10
58-05-10. Neglect to qualify deemed refusal to serve
Status: in_force

58-05-10. Neglect to qualify deemed refusal to serve

If any person elected or appointed to a township office, of whom an oath or bond is

required, neglects to file the same within the time prescribed by law, such neglect must be

deemed a refusal to serve in such office.
N.D. Cent. Code § 58-14-02 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-02
58-14-02. Township to sue and be sued in its name
Status: in_force

58-14-02. Township to sue and be sued in its name

In all actions and proceedings, the township shall sue and be sued in its name.
N.D. Cent. Code § 58-18-03 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-03
58-18-03. Size and form of improvement districts
Status: in_force

58-18-03. Size and form of improvement districts

Each improvement district must be of such size and form as to include all properties, which

in the judgment of the board of township supervisors will be benefited by the construction of the

improvement project that is proposed to be made in or for the district.
N.D. Cent. Code § 58-07-03 — ND Code / Title 58 / Chapter 58-07 / Section 58-07-03
58-07-03. Duties of township clerk
Status: in_force

58-07-03. Duties of township clerk

The township clerk shall perform the following duties:

1. Act as clerk of the board of township supervisors and keep in the township clerk's

office a true record of all of its proceedings.

2. File and safely keep all certificates of oaths and bonds required to be kept in the

township clerk's office and all other papers required by law to be filed in that office and

have and keep custody of the record books and papers of the township when no other

provision is made therefor by law.

3. Enter in the minutes of the proceedings of each township meeting each order or

direction and every rule and regulation adopted at such meeting.

4. File and preserve all accounts audited by the township board or allowed at a township

meeting and enter a statement thereof in the township record books.

5. File the township clerk's bond in the office of the county auditor and the township

clerk's oath and the oath of the deputy clerk, if one is appointed, in the office of the

clerk of the district court.

6. Preserve and record the annual statement of the treasurer, except that in those

townships in which the offices of township clerk and treasurer have been merged, the

person elected to fill the new office shall file a copy of the annual treasurer's statement

with the chairman of the board of township supervisors.

7. Require all legally elected officers who accept the offices to which they are elected to

qualify within the time prescribed by law and in accordance with all other provisions

thereof.

8. Make a record of all statements of the remittances of any township funds from the

county treasurer to the township treasurer as such statements are mailed to the

township clerk by the county treasurer, except that in those townships in which the

offices of township clerk and treasurer have been merged, the person elected to fill the

new office shall make a record of all statements of the remittances of any township

funds from the county treasurer to the township treasurer and shall file such

statements with the chairman of the board of township supervisors.

9. Keep an account of the township funds in the same manner as is required of the

township treasurer, except that in those townships in which the offices of township

clerk and treasurer have been merged, the person elected to fill the office shall keep

an account of the township funds and shall report the balance of such funds to the

chairman of the board of township supervisors no less frequently than every sixty

days.

10. Perform all duties imposed upon the township clerk under the laws of this state relating

to the forming of jury panels.
N.D. Cent. Code § 58-06-02 — ND Code / Title 58 / Chapter 58-06 / Section 58-06-02
58-06-02. Compensation of supervisors
Status: in_force

58-06-02. Compensation of supervisors

A township supervisor may receive as compensation for services up to one hundred dollars

a day for each day necessarily devoted to the work of a supervisor's office not exceeding four

thousand dollars in a calendar year. The electors of the township shall establish the daily

compensation rate for township supervisors at each annual township meeting. Additional

compensation over four thousand dollars may be provided for reimbursement of expenses as

provided in section 44-08-04 and for mileage as provided in section 54-06-09 for each mile

[1.61 kilometers] necessarily traveled in the performance of a supervisor's duties.
N.D. Cent. Code § 58-11-01 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-01
58-11-01. Township board of auditors - Members - Duties
Status: in_force

58-11-01. Township board of auditors - Members - Duties

The board of township supervisors shall constitute a board of auditors for the purpose of

auditing all accounts payable by the township. Two members of the board of township

supervisors acting as the board of auditors constitute a quorum.
N.D. Cent. Code § 58-02-12 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-12
58-02-12. Notice to board of supervisors when change is made in township boundaries
Status: in_force

58-02-12. Notice to board of supervisors when change is made in township

boundaries.

Before any change is made in the boundaries of a civil township, twenty days' notice of such

proposed change must be given to the chairman of the board of supervisors of such township.
N.D. Cent. Code § 58-02-16 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-16
58-02-16. Determination of net assets of township to which territory is annexed and of annexed territory
Status: in_force

58-02-16. Determination of net assets of township to which territory is annexed and of

annexed territory.

At the meeting described in section 58-02-14, the members of the boards of township

supervisors and the township clerks there present shall determine the value of the townhall and

of all other property owned and used by the township to which the new territory has been

annexed and the value of the property of the township or fraction of a township which has been

annexed thereto, and shall compute the amount of moneys in the township treasury and of

moneys due to the township to which the new territory has been annexed and to the township or

fraction of a township annexed thereto, from the county and from other sources, and the amount

of back or unpaid taxes due to the township to which the new territory has been annexed and

due to and receivable by the township or fraction of a township annexed thereto, to determine

the gross assets of the territories involved. They shall compute the amount of all bonds and

debts which constitute the legal liabilities of the township to which the territory is annexed, and

the difference between the gross assets and the liabilities constitutes the net assets or the net

liabilities of such township for use in determining the pro rata amount, if any, due from the

annexed territory.
N.D. Cent. Code § 58-05.1-04 — ND Code / Title 58 / Chapter 58-05.1 / Section 58-05.1-04
58-05.1-04. Equalization of assets and liabilities of townships
Status: in_force

58-05.1-04. Equalization of assets and liabilities of townships

The boards of township officers of each township voting in favor of the consolidation shall

meet at a place designated by the board of township supervisors of the township that proposed

the consolidation within thirty days following the election to equalize the property, funds, and

debts of the townships. In addition, the boards shall perform any other actions necessary to

carry out the consolidation of the township, including conveying, selling, or disposing of property

that is not necessary for the operation of the townships except the township halls.
N.D. Cent. Code § 58-11-06 — ND Code / Title 58 / Chapter 58-11 / Section 58-11-06
58-11-06. Treasurer shall pay all orders
Status: in_force

58-11-06. Treasurer shall pay all orders

The amount of any account audited and allowed by the board of auditors and the amount of

any account voted to be allowed at any township meeting must be paid by the township

treasurer on the order of the board signed by the chairman and countersigned by the clerk of

the township. Approval of any account audited and allowed by the board must be recorded in

the record of its proceedings and this is sufficient to indicate approval without requiring a

majority of the board to sign or initial the voucher or order for payment. All orders issued to any

person by the board for any sum due from such township shall be receivable in payment of the

township taxes of such township.
N.D. Cent. Code § 58-02-27 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-27
58-02-27. Vote on question of dissolution - Form of ballot - Result
Status: in_force

58-02-27. Vote on question of dissolution - Form of ballot - Result

The board of township supervisors shall preside at the meeting. The polls must be opened

and closed as at other township meetings. The voters shall vote by ballot. The ballot used must

be in the following form:

Shall ____________________ township be dissolved?

Yes ☐

No ☐

The result of the vote must be announced publicly after the polls close and as soon as

ascertained by the officers of the meeting. If a majority of all votes cast are in favor of

dissolution, a statement of the vote, signed by the chairman of the board of township

supervisors and attested by the township clerk, must be filed in the office of the county auditor

of the county within which the township lies.
N.D. Cent. Code § 58-18-04 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-04
58-18-04. Approval of plans, specifications, and cost estimates - Special meeting
Status: in_force

58-18-04. Approval of plans, specifications, and cost estimates - Special meeting

After an improvement district has been created, the board of township supervisors shall

direct a competent engineer to prepare a report as to the general nature, purpose, and

feasibility of the proposed improvement and an estimate of the probable cost of the work. The

board of township supervisors shall provide thirty days' written notice by first-class mail to each

freeholder within the improvement district at the address shown on the records of the county

treasurer and shall publish a notice in a legal newspaper published in the township or, if there is

no such newspaper, then in the county's official newspaper at least ten days prior to a special

meeting for public disclosure of the findings of the engineer.
N.D. Cent. Code § 58-18-01 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-01
58-18-01. Power of townships to defray expenses of improvements by special assessment
Status: in_force

58-18-01. Power of townships to defray expenses of improvements by special

assessment.

A township, upon complying with the provisions of this chapter, may defray the expenses of

improvements through special assessment districts.
N.D. Cent. Code § 58-03-14 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-14
58-03-14. Violation of zoning regulations and restrictions - Remedies - Penalties
Status: in_force

58-03-14. Violation of zoning regulations and restrictions - Remedies - Penalties

1. If any building or structure is erected, constructed, reconstructed, altered, repaired,

converted, or maintained, or if any building, structure, or land is used, in violation of

any regulation or restriction made under the authority conferred by sections 58-03-11

through 58-03-15, the proper local authorities of the township or of the municipality in

relation to which such zoning regulation or restriction is established, or any affected

citizen or property owner, in addition to other remedies, may institute any appropriate

action or proceeding:

a. To prevent such unlawful erection, construction, reconstruction, alteration, repair,

conversion, maintenance, or use;

b. To restrain, correct, or abate such violations;

c. To prevent the occupancy of the building, structure, or land; or

d. To prevent any illegal act, conduct, business, or use in or about such premises.

2. If after reasonable notice and opportunity for hearing by the board of township

supervisors, a property owner fails to bring a building or structure or the use of land

owned by that person into compliance with a regulation or restriction made under

sections 58-03-11 through 58-03-15, in addition to any other remedies, the board of

township supervisors may impose a civil penalty of up to two thousand dollars annually

against the property owner and the property. The board of township supervisors may

also assess the property owner for all costs of the township in bringing the property

into compliance or in instituting and prosecuting any appropriate action or proceeding

under this section. Any civil penalty or assessment of costs, or both, against a property

owner constitute a lien on the property and must be charged against the property and

become a part of the taxes against the property for the ensuing year and must be

collected in the same manner as other real estate taxes are collected and placed to

the credit of the township.
N.D. Cent. Code § 58-18-07 — ND Code / Title 58 / Chapter 58-18 / Section 58-18-07
58-18-07. Appeal notice - Special meeting - Assessment determination - Limitations
Status: in_force

58-18-07. Appeal notice - Special meeting - Assessment determination - Limitations

Any aggrieved freeholder may appeal the special assessment against the freeholder's real

property by providing the township clerk a written notice of appeal, stating the grounds upon

which the appeal is based, within twenty days after the special township meeting. The clerk

shall notify the township board of supervisors of the appeal and schedule a special meeting to

hear the appeals by publishing a notice of the special meeting at least ten days before the

meeting in a legal newspaper published in the township or, if no such newspaper exists, in the

county's official newspaper. Any aggrieved freeholder who submitted an appeal may be heard

and may present reasons to change the freeholder's assessment at the special meeting. The

board of township supervisors may hear the appeals and reasons and may increase or diminish

any of the assessments as it may deem just, providing that the total amount of the assessments

may not be changed and an assessment as adjusted may not exceed the benefits to the parcel

of land on which it is assessed.
N.D. Cent. Code § 58-12-07 — ND Code / Title 58 / Chapter 58-12 / Section 58-12-07
58-12-07. Penalty for neglect to perform duties
Status: in_force

58-12-07. Penalty for neglect to perform duties

Every overseer who refuses or neglects to perform any of the duties which are required of

the overseer shall forfeit the sum of ten dollars for each such refusal or neglect which is

recoverable in a civil action brought by the township and which must be used in making and

improving the township roads.
N.D. Cent. Code § 58-08-03 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-03
58-08-03. Treasurer to draw moneys from the county
Status: in_force

58-08-03. Treasurer to draw moneys from the county

The township treasurer shall draw from the county treasurer such moneys as have been

received by the county treasurer for the use of the township. Upon the receipt of such moneys,

the township treasurer shall deliver proper vouchers therefor.
N.D. Cent. Code § 58-02-03 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-03
58-02-03. Name of township
Status: in_force

58-02-03. Name of township

A township must be named in accordance with the expressed wish of a majority of the legal

voters residing therein. If the legal voters fail to designate a name, the board of county

commissioners may select one.
N.D. Cent. Code § 58-03-14.1 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-14.1
58-03-14.1. Zoning - Nonconforming structure
Status: in_force

58-03-14.1. Zoning - Nonconforming structure

1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming

structure devoted to residential use and located in a residential zoning district may be

repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even

though the structure is damaged beyond fifty percent of its value if:

a. An application for a building permit is submitted within six months of the date the

damage occurs;

b. Restoration begins within one year of the date the damage occurred;

c. The lot or parcel upon which the structure dedicated to residential use is located

abuts a public right of way; and

d. The new structure will not:

(1) Occupy a portion of the lot which was not occupied by the damaged

structure;

(2) Have more square footage than the damaged structure;

(3) Exceed the height or number of stories of the damaged structure;

(4) Diminish the number of off-street parking spaces located on the property

from the number of spaces before the damage;

(5) Violate existing building and fire codes;

(6) Violate existing sanitary or health standards imposed by the local health

district;

(7) Pose a risk to public health or safety;

(8) Encroach upon a public right of way; or

(9) Encroach upon any neighboring property.

2. Under subsection 1, expansion of a nonconforming structure is prohibited unless the

expansion is in compliance with applicable zoning ordinances and state laws and

rules. The zoning authority shall determine whether a proposed expansion is in

compliance.

3. Under subsection 1, a nonconforming structure may not be moved unless the

movement or relocation will bring the structure into compliance with all applicable

zoning ordinances.

4. Notwithstanding subsection 1, the zoning authority shall regulate the repair,

replacement, improvement, maintenance, restoration, rebuilding, or expansion of

nonconforming uses and structures in floodplain areas to the extent necessary to

maintain eligibility in the national flood insurance program and adhere fully to all

applicable floodplain management ordinances without increasing flood damage

potential or increasing the degree of obstruction to floodflows in the floodway.

5. Notwithstanding subsections 1, 2, and 3, the zoning authority may create a less

restrictive ordinance or regulation.

6. Unless the township determines that the repair, replacement, improvement,

maintenance, restoration, or rebuilding of a nonconforming structure will violate

subdivision d of subsection 1, the township shall issue a building permit to a property

owner that meets the qualifications under subsection 1.

7. For purposes of this section, "nonconforming structure" means a structure that was

legal before a change in ordinance made the structure nonconforming.
N.D. Cent. Code § 58-14-01 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-01
58-14-01. Action by or against township - Procedure - Effect and judgment
Status: in_force

58-14-01. Action by or against township - Procedure - Effect and judgment

Whenever any controversy or claim for relief exists between townships or between a

township and a person, a civil action may be commenced and prosecuted for the purpose of

trying and determining the controversy. The action must be conducted as any other action or

proceeding of a similar kind is conducted.
N.D. Cent. Code § 58-09-03 — ND Code / Title 58 / Chapter 58-09 / Section 58-09-03
58-09-03. Assessors - How governed
Status: in_force

58-09-03. Assessors - How governed

The township assessor must be governed by, and shall make assessments and returns as

provided in, title 57.
N.D. Cent. Code § 58-02-31 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-31
58-02-31. Duty of county auditor on dissolution
Status: in_force

58-02-31. Duty of county auditor on dissolution

The county auditor, upon dissolution of any civil township in the auditor's county, shall enter

the fact of the dissolution upon the proper record book.
N.D. Cent. Code § 58-08-08 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-08
58-08-08. Township moneys to be deposited in township name - Penalty
Status: in_force

58-08-08. Township moneys to be deposited in township name - Penalty

A township treasurer may not deposit, in that person's own name, moneys belonging to the

township in any bank, savings bank, trust company, or other fiduciary institution. All township

moneys must be deposited in the name of the township and any interest on such moneys must

be credited to the township fund. Any person violating any provision of this section is guilty of a

class A misdemeanor.
N.D. Cent. Code § 58-08-06 — ND Code / Title 58 / Chapter 58-08 / Section 58-08-06
58-08-06. Penalty for neglect of duty - Action to recover forfeiture
Status: in_force

58-08-06. Penalty for neglect of duty - Action to recover forfeiture

Each township treasurer who refuses or neglects to comply with sections 58-08-02 through

58-08-05 shall forfeit not more than two thousand dollars to be recovered in a civil action

brought in the district court in the name of the person who prosecutes the action. The amount of

the forfeiture must be fixed by the jury, and one-half of the recovery must be paid to the person

prosecuting the action, and the remainder of the recovery must be paid to the township of which

the delinquent person is or has been treasurer.
N.D. Cent. Code § 58-02-04 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-04
58-02-04. County auditor transmits name and report to state auditor
Status: repealed

58-02-04. County auditor transmits name and report to state auditor

Repealed by S.L. 1987, ch. 262, § 3.
N.D. Cent. Code § 58-04-06 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-06
58-04-06. Duty of moderator - Reconsideration of vote - Majority vote required
Status: in_force

58-04-06. Duty of moderator - Reconsideration of vote - Majority vote required

At the opening of each meeting, the moderator shall state the business to be transacted and

the order in which it must be entertained. A proposition to vote a tax may not be acted on out of

the order of business as stated by the moderator. A proposition to reconsider a vote may not be

entertained at any meeting unless the proposition is made within one hour from the time the

vote was taken or unless the motion for the reconsideration is sustained by a number of electors

equal to a majority of all the names entered upon the poll list at the election up to the time the

motion is made. All questions upon motions made at township meetings must be determined by

a majority of the electors voting. The moderator shall ascertain and declare the result of the vote

on each question.
N.D. Cent. Code § 58-02-07 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-07
58-02-07. Changing boundary lines of township
Status: in_force

58-02-07. Changing boundary lines of township

The boundary lines of an organized township may be changed only in the manner provided

in this chapter.
N.D. Cent. Code § 58-04-13 — ND Code / Title 58 / Chapter 58-04 / Section 58-04-13
58-04-13. Poll list kept by clerk
Status: in_force

58-04-13. Poll list kept by clerk

When the election is by ballot, a poll list on which must be entered the name of each person

whose vote is received shall be kept by the clerk of the meeting.
N.D. Cent. Code § 58-14-07 — ND Code / Title 58 / Chapter 58-14 / Section 58-14-07
58-14-07. When judgment against township is not satisfied supervisors to make levy
Status: in_force

58-14-07. When judgment against township is not satisfied supervisors to make levy

When a certified copy of an unsatisfied final judgment entered against a township is

presented to the annual meeting of the township, the board of township supervisors shall make

a levy in an amount sufficient to pay such judgment and shall certify the levy to the county

auditor for computation and collection as other township taxes are levied and collected.
N.D. Cent. Code § 58-03-07 — ND Code / Title 58 / Chapter 58-03 / Section 58-03-07
58-03-07. Powers of electors
Status: in_force

58-03-07. Powers of electors

The electors of each township have the power at the annual township meeting:

1. To establish one or more pounds within the township, to determine the location of the

pounds, to determine the number of poundmasters and to choose the poundmasters,

and to discontinue pounds which have been established.

2. To select the township officers required to be chosen.

3. To direct the institution or defense of actions in all controversies in which the township

is interested.

4. To direct the raising of such sums as they may deem necessary to prosecute or

defend actions in which the township is interested.

5. To make all rules and regulations for the impounding of animals.

6. To make such bylaws, rules, and regulations as may be deemed necessary to carry

into effect the powers granted to the township.

7. To impose penalties for each offense on persons offending against any rule or

regulation established by the township.

8. To apply penalties when collected in such manner as they deem most conducive to the

interests of the township.

9. To ratify or reject recommendations offered by the board of township supervisors for

the expenditure of funds for the purpose of purchasing building sites and for the

purchase, location, erection, or removal of any building or erection for township

purposes. No recommendation shall be adopted except by a two-thirds vote of the

electors present and voting at any annual township meeting.

10. To authorize and empower the board of township supervisors to purchase liquids,

compounds, or other ingredients for the destruction of noxious weeds, and sprinklers

to be used in spraying said liquids or compounds. No township shall purchase more

than two such sprinklers in any one year.

11. To authorize aid to a district fair association within the limits provided in title 4.

12. To authorize the levy of township taxes for the repair and construction of roads and

bridges and for other township charges and expenses within the limits prescribed in

13. To direct the expenditure of funds raised for the repair and construction of roads within

the limits provided in title 24.

14. To authorize the dissolution of the township in the manner provided in this title.

15. To authorize the entering into a contract for fire protection as provided for in section

18-06-10.

16. To authorize the expenditure of funds for the eradication of gophers, prairie dogs,

crows, or magpies.

17. To authorize the expenditure of township funds for weather modification activities.

18. To authorize the expenditure of funds to pay membership fees in county, state, and

national associations of township governments. This subsection may not be construed

to authorize a mill levy.

19. To support an airport or to support or create an airport authority and to levy a tax for

airport purposes within the limitations of section 2-06-15.

20. To direct the transfer of township funds to a rural fire protection district or rural fire

department for fire protection within the township.

21. To direct the transfer of township funds to a rural ambulance service district for

emergency medical service within the township.

22. To establish special assessment districts in accordance with chapter 58-18.
N.D. Cent. Code § 58-02-10 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-10
58-02-10. Division of township in which there are two or more cities
Status: in_force

58-02-10. Division of township in which there are two or more cities

The board of county commissioners may divide a township in which there are two or more

cities, each containing two hundred or more inhabitants, upon the petition of a majority of the

qualified electors to be affected. If the division is ordered, it must be made in the manner best

suited to the convenience of the territory concerned.
N.D. Cent. Code § 58-05-13 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-13
58-05-13. Records to be delivered
Status: in_force

58-05-13. Records to be delivered

Upon going out of office, each supervisor, township clerk, or assessor shall deliver, upon

demand of the person's successor and upon oath administered by the latter, all records, books,

and papers in the person's possession or under the person's control belonging to the office. The

successor shall make such demand immediately upon assuming the office.
N.D. Cent. Code § 58-05-11 — ND Code / Title 58 / Chapter 58-05 / Section 58-05-11
58-05-11. Poundmaster to file acceptance - Neglect deemed refusal to serve
Status: in_force

58-05-11. Poundmaster to file acceptance - Neglect deemed refusal to serve

Each person appointed to the office of poundmaster, before entering upon the duties of the

office and within ten days after being notified of the election or appointment, shall file a notice

signifying acceptance of such office in the office of the township clerk. A neglect to file such

notice must be deemed a refusal to serve.
N.D. Cent. Code § 58-02-14 — ND Code / Title 58 / Chapter 58-02 / Section 58-02-14
58-02-14. Consolidating townships - Majority of supervisors and clerks of townships affected determine amount due
Status: in_force

58-02-14. Consolidating townships - Majority of supervisors and clerks of townships

affected determine amount due.

When a township or a fraction of a township has been attached to another township, the

several boards of township supervisors and the clerks of the townships affected by the change

shall meet prior to the annual township meeting at the usual meeting place of the township to

which the annexation has been made or at a location mutually agreed upon in the township to

which the annexation has been made or in an adjacent township, and upon notice of such

meeting given by the clerk thereof, for the purpose of determining the amount due to the

township to which the annexation has been made. All questions arising at such meeting must be

determined by a majority vote of the members of the boards of township supervisors and the

clerks present at such meeting.