N.D. Cent. Code § 11-33.2-12

11-33.2-12. Effect of approval of plats

If a county requires approval of plats as a prerequisite to the subdivision of land, whether

such requirement be adopted in compliance with this chapter, or be adopted, whether prior to or

subsequent to July 1, 1981, pursuant to other authority, from and after July 1, 1981:

1. No subdivision of any lot, tract, or parcel of land shall be made, no street, sanitary

sewer, water main, or other improvements in connection therewith shall be laid out,

constructed, opened, or dedicated for public use or travel, or for the common use of

occupants of buildings abutting thereon, except in accordance with a plat as finally

approved by the board of county commissioners.

2. No plat shall be finally approved or disapproved by the board of county commissioners

except upon receipt of recommendations by both the county planning commission and

the board of township supervisors of the township in which the proposed subdivision is

located. The board of county commissioners shall, by certified mail, notify the

chairman of the board of township supervisors that an application for plat approval has

been initiated, either before the county planning commission or before the board of

county commissioners, and that the board of township supervisors is requested to

make a recommendation on the application. If the board of county commissioners

does not receive, by certified mail, a recommendation by the board of township

supervisors within sixty days after notification, it may take final action on the

application for plat approval. The recommendations by either the county planning

commission or the board of township supervisors shall not be binding on the county

commissioners.

3. In determining whether a plat shall be finally approved or disapproved, the board of

county commissioners shall inquire into the public use and interest proposed to be

served by the subdivision. It shall determine if appropriate provisions are made for the

public health, safety, and general welfare, for open spaces, drainage ways, streets,

alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for

schools and school grounds, but its determination is not limited to the foregoing. The

board shall consider all other relevant facts and determine whether the public interest

will be served by the subdivision. If it finds that the proposed plat makes appropriate

provisions for the public health, safety, and general welfare and for such open spaces,

drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,

parks, playgrounds, sites for schools and school grounds, and that the public use and

interest will be served by the platting of such subdivision, and that the proposed plat

complies with a county resolution, if any, regulating or restricting the subdivision of

land, to the extent that such resolution does not conflict with the provisions of this

section, such plat shall be finally approved with such conditions as the board of county

commissioners may deem necessary. If it finds that the proposed plat does not make

appropriate provisions, or that the public use and interest will not be served, or that the

proposed plat does not so comply with the aforementioned resolution, then the board

of county commissioners shall disapprove the proposed plat. Dedication of land to any

public body may be required as a condition of subdivision approval and shall be clearly

shown on the final plat.