The law and the proposed change

Burleigh County Commissioner Brian Bitner said Senate Bill 2027 is tentatively scheduled to go before the Senate Government and Veteran Affairs Committee on Jan. 23.

It amends Section 40-47-01.1 of the North Dakota Century Code. That law allows a city's zoning regulations to extend within the corporate limits of:

- One mile if the city has a population of fewer than 5,000.

- Two miles if the city has a population of 5,000 people or more, but fewer than 25,000.

- Four miles if the city has a population of 25,000 or more.

Bismarck City Administrator Bill Wocken said SB2027's changes limit growth options for larger cities in the state.

SB2027 states:

"A city that has exercised its authority under subsection 1 has joint authority and subdivision regulation jurisdiction with the entity that would otherwise have jurisdiction. Any zoning change or subdivision plat approved or any change in zoning or subdivision regulation in the area of joint jurisdiction, must be approved by both governing bodies before the change becomes effective."

Under SB2027, a decision by an administrative law judge is binding on all jurisdictions involved in the dispute and remains effective until the governing bodies of a joint jurisdiction agree to change the zoning subdivision regulation.

The administrative law judge judge's decision will be based upon:

- Consistency with projected growth plans.

- Consistency to adopted comprehensive plans.

- Impact of proposed change to planned and present uses of the area.

- Impact on health and safety of residents.

- Effect on the area to staff and enforce change.

- The economic, physical and social relationship of the inhabitants, businesses and industries and the change of other political subdivisions.