N.D. Cent. Code § 11-33-02.1

11-33-02.1. 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 at least forty-five days in a 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 for residential,

recreational, or commercial purposes. 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 in subdivision c

of subsection 7 of section 23.1-06-15.

3. A board of county commissioners may not prohibit or prevent the use of land or

buildings for farming or ranching and may not prohibit or prevent any of the normal

incidents of farming or ranching.

4. A board of county commissioners may not preclude the development of an animal

feeding operation in the county.

5. A board of county commissioners may not prohibit the reasonable diversification or

expansion of a farming or ranching operation.

6. A board of county commissioners 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 county

commissioners 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 county commissioners 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 county commissioners 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 and one-half miles [2.40 kilometers] from the edge of the area

zoned for residential, recreational, or nonagricultural commercial uses.

c. A board of county commissioners may not adopt or enforce setbacks applicable

to animal feeding operations that exceed the setback distances provided in
ther

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

more than one and one-half miles [2.40 kilometers] from the edge of the area

zoned for residential, recreational, or nonagricultural commercial uses.

c. A board of county commissioners 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

county commissioners 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 11-33-22 before the date the

petition was received by the county. 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 county commissioners does not

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

deemed in compliance with the county zoning regulations. If the county 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 county 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 county commissioners determines the animal feeding

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

county 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 equality, 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 county

action or determination. A board of county commissioners 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 county ordinance, determination, decision, or

objection related to animal feeding operations, the court shall award the prevailing
ments 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 county 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 at least forty-five days in a 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 for residential,

recreational, or commercial purposes. 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 in subdivision c

of subsection 7 of section 23.1-06-15.

3. A board of county commissioners may not prohibit or prevent the use of land or

buildings for farming or ranching and may not prohibit or prevent any of the normal

incidents of farming or ranching.

4. Except as provided in this section, a board of county commissioners may not preclude

the development of an animal feeding operation in the county.

5. A board of county commissioners may not prohibit the reasonable diversification or

expansion of a farming or ranching operation.

6. A board of county commissioners 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 county

commissioners shall declare the regulation ineffective with respect to any animal

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

8. a. A board of county commissioners 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 county commissioners may establish, around areas zoned for

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

agricultural production districts in which setback distances for animal feeding
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 county commissioners 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 and one-half miles [2.40 kilometers] from the edge of the area

zoned for residential, recreational, or nonagricultural commercial uses.

c. A board of county commissioners 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 county 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 county commissioners 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 11-33-22 before

the date the petition was received by the county.

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 county commissioners does not validly object to the petition within

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

the county zoning regulations. If the county 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 county 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 county commissioners determines the animal feeding operation

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

county 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 equality, 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 county action or determination.

f. A board of county commissioners 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;
ny appeal of a county action or determination.

f. A board of county commissioners 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 county ordinance, determination, decision, or

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

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