N.D. Cent. Code § 4.1-20-08

4.1-20-08. Hearings on petitions - When held - Notice - Determinations

1. Within thirty days after a petition under section 4.1-20-07 has been filed, the state soil

conservation committee shall cause publication of due notice of a hearing on the

desirability of creation of a soil conservation district, the appropriate boundaries to be

assigned to the district, the propriety of the petition and the other proceedings taken

under this chapter, and upon all other relevant questions. All qualified electors living

within the area described in the petition, and of lands within any area considered for

addition to the area described in the petition, and all other interested parties have the

right to attend and be heard at the hearing. If it appears at the hearing that it may be

desirable to include within the proposed district additional area outside of the area

within which due notice of hearing has been given, the hearing must be adjourned and

due notice of further hearing must be given throughout the entire area considered for

inclusion in the district, and further hearing must be held.

2. If the committee determines, upon the facts presented at the hearing and upon other

available relevant facts and information, there is need, in the public interest, for a soil

conservation district to function in the area considered at the hearing, the committee

shall record that determination and define the district boundaries by metes and bounds

or legal subdivisions. In making the determination and defining the boundaries, the

committee shall give due weight and consideration to:

a. The topography of the area considered and of the state;

b. The composition of soils, distribution of erosion, prevailing land use practices,

and desirability and necessity of including within the boundaries the area under

consideration;

c. The benefits the area may receive from being included within such boundaries;

d. The relation of the proposed area to existing watersheds and agricultural regions,

and to other soil conservation districts already organized or proposed for

organization under this chapter; and

e. Any other relevant physical, geographic, and economic factors, having due

regard to the legislative policy set forth in section 4.1-20-01.

3. If the committee determines, after the hearing and due consideration of the relevant

facts, there is no need for a soil conservation district to function in the area considered

at the hearing, the committee shall record that determination and deny the petition.

After six months has expired from the date of the denial of that petition, a subsequent

petition covering the same or substantially the same area may be filed and a new

hearing held and new determinations made.