Discussion Forum 

     Your questions, messages, and answers will be posted on this page.  Thank you for your participation.

Tim,
I have addressed the R-O-W/trees issue in the attached document.  Click here
On the mowing issue, perhaps going through the procedure to charge it against their taxes would help them learn.
I would guess it would be very difficult to win special snow removal cost in court.
Also note a zoning ordinance can only prevent a problem, it can not remedy something that already exists, that is why it is important to enact zoning and enforce it.

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Unauthorized Culvert Installation
December, 2017

A farmer in our township recently installed a culvert in one of our township roads without any notice to the township Supervisors. We had met early this spring with the farmer and couldn’t find an existing culvert and advised the farmer that we would not be installing one. Apparently he took it upon himself to do so.

My question: What, as a township, are we allowed to do to prevent this from reoccurring? Also, does any legal action need to be taken against this individual for installing the culvert without township authorization?

Thank you for your information.

D.H.
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D.H.,

Thank you for the question.

You can advise this individual that any time after 31 days the township will have the culvert removed from the road.

The road will be repaired.

He will be billed for the expense of the culvert removal and the repair of the road.

The culvert will be relocated and used where-ever the Township Board decides it would be proper.

When the individual installed his culvert to the public road it became part of that public road and no longer his culvert.

There is also the possibility of charges for willful damage to a road for whomever did the installation without permission.

If this individual suddenly has the culvert removed after receiving the notice, the road must be repaired to the satisfaction of the board.

The laws pertaining to roads are located in Chapter 24 of the ND Century Code, these are perhaps the most important laws we as Township Officers have. This is where we have the most interaction with the public and property owners. These laws must be followed to ensure the public has safe usable roads.

In the NDTOA Township Officers Handbook (2016 Edition), the part of Chapter 24 that pertains to Township Roads starts on page 74 and continues to 96, look it over, it is not that much to read.

See NDCC 24-06-01 Board of township supervisors has supervision over township roads.
and NDCC 24-12-01 Injuries to highways.

forum@ndtoa.com

Minutes Books

Where can I find minute book for our township? The one we have now is full.
It is called a Faultless SO-1203 4-ring binder with 7 tabbed divisions.

Thanks for any information.

A. G.

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Allen,

I have the same binder with about 16 divisions. I believe they are not available anymore.

I kept a master copy of the pages I use and copy more as needed, my scanner will copy and print legal size documents. I found pre-punched legal size paper at an office supply store, not sure which one, to make new copies. I then pull out some of the pages from older years and put them in a vinyl/clasped folder for storing.

forum@ndtoa.com

Qualifications of electors, snowbirds

We have several township members who go south during the winter months, so they are gone for 3-4 months.  Being as their permanent residence, section 54-01-26, is in our township are they eligible to vote at a meeting if they do not return to their permanent residence until a couple days before the meeting.  Do they have to be back living at the permanent residence a full 30 days before any meeting to be able to vote?

N.B.
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Hello N.B.,

Being temporarily away does not affect residency. Being away from home for vacationing, school, hospitalization, work or military service are temporary, provided the individual does not vote as a resident in some other locale. 

Thanks for your interest in township government.
And, thanks for furthering the discussion on the township forum

forum@ndtoa.com

1099 IRS requirement
March, 2017

I have a township that has hired someone to do their assessing for them.  They paid him $525.00 for the 2016 year.  They are asking if the township needs to issue him a 1099 since it is under the $600.00 threshold or do they still because they are a government entity and are required by IRS Regulations?

K.K.
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Hello K.K.,

Go to irs.gov and search for inst 1099.  We are of the opinion that government entities have the same minimum requirements as the private sector.  Therefore, no 1099 needed for amounts less than $600 in total payments per year per person or unincorporated entity for contract work.

Thanks for your interest in township government.
And, thanks for furthering the discussion on the township forum

forum@ndtoa.com

Closing of township section line
March, 2017

A landowner’s farm and grain bin site is adjacent to and on both sides of an unimproved section line. If he expands his building site it would be in the legal section line. He would like to vacate a portion of that unimproved section line - it is pasture and very rough and steep. He owns the land on both sides and to close it wouldn’t affect anyone accessing land beyond it.

Thanks for your interest in township government.
And, thanks for furthering the discussion on the township forum

forum@ndtoa.com 

Annual meeting notice
March, 2017

I think it would be a good idea to have an example or two of what an annual meeting notice for the newspaper should look like for townships.

Thanks

S.H.
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Hello S.H.

Please find at the end of this paragraph, a link to an Annual Meeting Notice most townships in Pembina County have been using for at least as long as I’ve been clerk, 38 years.  The format isn’t as important as making sure all info required by NDCC is included.  Click here for a PDF of meeting notice.

Township won't remove snow
January 2017

I  received a call from an individual in ****  township in **** county saying that his township supervisors were no longer going to remove snow in this township this winter.  The caller was quite sure that funds were not depleted. He was wondering if this was in contradiction to any century codes in our manual or what the members of the township could do if anything

D.M.
*******
Hello D.M.

T.H.
***************

Hello T.H.,

Thanks for the conflict of interest question.

See NDCC 58-05-12 on page 225 of the 2016 version of the Township Officers Handbook.

We got this section reworded a couple legislative sessions ago to make it clearer on how a township officer can have an interest in an entity contracting with the township.

Assessor Eligibility
September 2016

S.C. 
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Hello S.C.,

forum@ndtoa.com

Trees growing in township right-of-way
September, 2016

We have a situation where several large trees have been allowed to grow for many years
in the area of the outside edge of the road right of way. Let's assume for discussion purposes
that some are in the farmer's field and some in the right-of-way. The landowner has had them
removed and is now asking for restitution for part of the tree work that was contained in the
area of the right of way. The landowner has stated that they were asked to remove them by the
township, but that would have to have been prior to 1990 before I was on the board. To my
knowledge, there was never a formal written request by the township to have the trees removed.

The green book is not definitive as it only speaks in terms of obstructions and I could not find
where trees where mentioned specifically.

The first question is: Who is responsible for the cost of tree removal within the road right-of-way?

Second question: If it is the landowners responsibility, would the township supervisors have any
ability to contribute monies to the removal or would this be an unlawful use of township funds?

Thanks,  C.M.
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Hello C.M.

The obstruction statute 24-06-28 and the obstruction removal in 24-06-29 do not specify any particular objects because they include any obstruction to the right-of-way. That would include rocks, trees, piles of dirt or other material, it is purposely left undefined to include what ever might be in the right-of-way. The Township may (and should) require the landowner, or person responsible for causing the obstruction, to remove any/all obstructions from the right-of-way at his expense. Should the landowner not comply with the order the Township may cause the removal to be done and have the cost charged against the taxes. 

There is a problem with trees; they did not get to be 50 ft. tall and 2 ft. in diameter in one season. So where was the Township Board 50 years ago when this person didn't mow this right-of-way as required by law? How about for the 49 years since then when the trees were smaller? Why didn't the board follow up on their demand that the trees be removed before the 1990's? So, in fairness, there might be some shared responsibility after the Township allowed the trees to get so big.

In these cases it might be advisable to work something out, in advance of the work being done. A contribution to a project might be put in the budget, notify the landowner that he has to remove the trees and if they are removed in a satisfactory manner by the end of this year the township will contribute so many dollars to the cost.

That being said, the Township is not obligated to pay this fellow's bill for doing what is required by law, those were his trees in the Township right-of-way. It would not be good practice to allow people to run up bills against the Township without prior approval, it is up to the electors and board to set the budget priorities not the landowners or other individuals.

forum@ndtoa.com

Section Line Road Maintenance
Monday, August 22, 2016

We have had a couple of requests to perform repairs/maintenance of section line roads ( one to run the blade over the road and one to fill in a low/wet spot with rock so haying equipment can get over it). In the past the township has avoided spending any money on these projects. 24-07-03.1 would appear that any work would be done at the expense of the landowner requesting it. Is the township required to spend money on section line roads, or required to keep them passable at the townships expense? No residences are on these roads, only land that the section line is the only access to.

Thanks, B.D.
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Hi B.D.,

We are of the opinion that the township board has discretion on how much maintenance the township will perform on section lines. The township should act in a manner so that the funds are spent “most expedient to the public interests”. Most townships are pretty good at providing safe travel conditions for the general public, especially on roads that are most likely to be used by emergency vehicles, school buses, or mail carriers. Beyond that, it becomes a matter of affordability on how much more can be done. You apparently have history on your side as to not spending money on projects that may not be for the good of the general public as a whole.

As you indicated, NDCC 24-07-03.1 allows for an adjacent landowner to improve the section line for his/her benefit and at his/her expense with the approval of the controlling authority. The township board still has final say on what may or may not be done-see NDCC 24-06-01. Also keep in mind that anyone doing work or making alterations on a section line- individual, contractor, or township employee (officer) can be held liable for any claim resulting from negligence or wrongdoing related to the work being done.

forum@ndtoa.com

Who can make motions and vote at a township's annual meeting?
March 2016

There has been differences in opinion on who can make motions at a
township's annual meeting, and who gets to vote on the motions.  Just
supervisors, or the electorate?

Thanks,
J.F.

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Hi J.F.,

The township annual meeting is not a board of supervisors meeting.  The annual meeting is a meeting of the people.  In fact at the annual meeting the board members are residents just like everyone else.  Any resident of the township can make or second a motion and vote on its passage at the annual meeting.  The board doesn't even have to be there.  The people can hold the meeting and conduct official township business without any board members in attendance.  It is the day that the people rule!  Find all about it in your green township handbook.  (If your township township doesn't have a handbook, call us and we'll get you one.  All townships should have at least one handbook!)

Who can not make motions, second, vote or be elected to the board of supervisors?  Answer: Anyone who is not a resident of the township can not make motions, second, vote or be elected to the board of supervisors.  Landowners that don't live in the township are not eligible!  Any resident who is a qualified voter can do all of these things at a township annual meeting. Owning property in the township does not entitle a property owner to make motions or vote at an annual meeting.  Only residents of the township can make or second a motion and vote on its passage at a  township annual meeting. 

See the question from R.G. below for additional information.

Thank you for asking, hope this clears up the issue.

ps.  Please try to attend one of the township workshops in your area.  Or, attend the annual township officers convention which is in Bismarck this year. It will help you perform your duties as a North Dakota public official.

forum@ndtoa.com

Who can vote and hold office in a Township?
March  2016

I understand that Township officers must live in the township. Where in ND Century Code or Officers Handbook does it say officers must actually reside in township?

Thanks
R.G.

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Hello R.G.

( *Pages referenced are in the 2016 Edition of the NDTOA Township Officers Handbook )

On page 61*

On page 221*

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.

On page 223*

58-05-01. Voter is eligible to office. Every person qualified to vote at a township meeting is eligible to any township office.

*Pages referenced are in the 2016 Edition of the NDTOA Township Officers Handbook

Thank you for your interest in township government,
forum@ndtoa.com

Tree and Brush removal within Right of Way
March 2016

At our annual township meeting, we voted to require landowners adjacent to section line township roads, to have trees and brush cleared back 33 feet on each side of the township road. The reason being, is that trees and brush have grown too close to the township roads, which hamper the movement of farm machinery and impede snow removal during the winter time. Obviously, some of the landowners have not mowed their ditches, causing brush and trees to grow in the ditches. What type of formal notice do we need to do, to inform the adjacent landowners, that they need to cut back brush and trees within the 66 feet of section line roads? We want to give formal notice to the landowners, to ensure adequate notice is presented. The Supervisors may have to hire a contractor to clear non-compliant adjacent roadsides, resulting in a bill for the adjacent landowner.
Would a Certified Letter have to be sent to all landowners with land along the section line roads? Could a notice in the legal section of the county newspaper suffice, as providing notice to the landowners?

Signed,
Overgrown Township

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Overgrown

Thanks for the question concerning township right of ways.

A couple areas of NDCC probably apply to this problem. Chapter 63-05 on page 247 of the 2016 version of township officers handbook provides direction on how this problem could have been avoided in the first place.

Most counties publish a notice every year about mowing the right of way(33'
each side of the section line) and the consequences for not doing so.

NDCC 24-06-28 thru 24-06-31 beginning on page 82 of the 2016 version of township officers handbook may also apply in this case, giving direction on how to deal with obstructions in the right of way. We are of the opinion that townships, landowners, and operators may have to work together to clear up some of these problems that have been festering for a long time from the lack of due diligence on the part of all involved.

forum@ndtoa.com

Zoning procedure
2015, March

The township zoning board and the township board denied a zoning request and that upset the residents of the township enough to remove two of the township board members at the annual election. Could the new township board reverse the decision and approve the zoning request without a hearing?

B.M.

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B.M..

Thanks for your inquiry about township zoning procedures.

 forum@ndtoa.com

Annual Meeting - Can we reschedule?
2015, March

Hello,
If several board members will be absent for the Annual Meeting on the third Tuesday, can it be scheduled for the following Tuesday when all will be present?
Thank you.
MH

forum@ndtoa.com

Township can't fill clerk/treasure position
2015, February

If a township cannot find a person to run for township clerk/treasurer within the boundaries of their township, what other options do they have to fill the position?  

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S.H.

Township Meetings and Roadwork
2014, April

I have several questions:

1. What business can be discussed and voted on at the annual meeting?
2. Can bids be discussed and voted on at the annual meeting or is a bid discussion and vote to be handled at a regular meeting?
3. Does the township board have to accept the lowest gravel bid or blading bid?
4. If we hire a township resident to do some road work in conjunction with our blade operator, does the resident need a contractor license or can he work under the blade operators bond and license?

Thank you for your input.
T.F.
Homestead Township

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1. Any matters pertaining to the affairs or operation of the township may be discussed and voted on at the annual meeting-see NDCC 58-03-07. Some topics such as special or excess tax levies may need proper advance notice.
2. Can be done either way. Discussion at the annual meeting shows more transparency.
3. No-see NDCC 24-06-19. Lowest bid is not necessarily most expedient for the public interests. For example, the lowest bidder may be notorious for not performing the work in a timely manner.
4. This answer assumes “our blade operator” means blading contractor and not a township blade operator. If a township hires anyone, township resident or not, they don’t necessarily need a contractors license but it is up to the township to ensure that the person being hired has proper liability coverage for this arrangement, whether it be under the township’s coverage or by the person being hired having this coverage. In order to work under the blading contractor’s bond and license they would need to be hired by the blading contractor as a sub-contractor or employee.

R.O. NDTOA

Hello DZ

forum@ndtoa.com
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Payroll withholding and unauthorized oil field roads

The township officers are not employees of the township so the need for a w-2 seems strange. Typically when someone receives a payments as a non-employee a 1099 Misc is issued if it is over a set limit. (used to be $600) Why the W-2's and why a 1099 for a $75 payment?

Living in the recent oil boom area oil companies are constantly developing trails and making them roads; typically along an undeveloped section line. I have not been contacted concerning road construction yet there are several roads that have been developed. Strangely enough one company requested an easement for boring under a road that another company developed. I do not know if we as a township should be getting more involved in the approval process or if we even can? Furthermore with the exception of a couple of companies there are no stop signs at crossings, no speed limit signs, no curve signs, etc. If we as a township install them for safety reasons it is felt that we then take responsibility for the road as well which we do not want. I think the legislature needs to address this issue and set guidelines for the companies that are developing section lines for access into well locations.

Terry
     
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From Roger:

IRS Publication 15 has a chart on page 33 on how to handle payments to local elected officials.  Item # 1 on that chart should apply in the case of township officers.

                                                  *********************

Hi Terry,

Thanks for the email.

Actually, I believe that the township officers are salaried employees of the township, so, the W-2 is the correct form to use. 

We'll try to answer your questions about the unauthorized township roads.

As township officers, we are charged with the responsibility to make sure that the township section lines are open for public use.  As you note in your email, most of the roads start out as trails and then turn into roads.  Your township should get more involved in the approval process for the roads.  If your township doesn't get involved in the road construction process, then, the township residents have to accept the results.  The legislature has already granted townships the right of approval for any roads built on their section lines.  I suggest that when you learn of a "road" being built, that you go to the site and ask the "road builder" if they have permission from the township to build their road.  If they don't have permission from the township, tell them to stop and get the appropriate approval.  Your county sheriff, commissioners and state's attorney should back you up on this.

In the approval process for the new road, you can require that the new road be built to certain specifications.  After the road is built to your specifications, then, the road becomes the township's for future upkeep.  The legislature has given you the power to take control of your situation.  You just need to exercise your authority and develop your own set of guidelines for the road development.  And of course exercise your authority in an appropriate manner.  It will be in everyone's best interest if the oil companies in your area build good, safe roads.  And, I would like to believe that in most cases, if the township notifies the oil field company in writing, you will recieve a favorable response from the oil company.  If you notify the oil company in your letter that they need to obtain township approval before building any section line roads, you will have greatly enhanced your ability to obtain damages from the oil company.  And, the oil company doesn't wasn't to have to pay damages to you, they just want a road to their site.  It is your job to make sure they know what kind of road you expect them to build.  If the oil companies don't respect your authority, drop the hammer on them and gain some respect.  The word will get out that the rules need to be followed.

If you start putting signs on these unauthorized roads, or allowing others to post signs, you are probably right - you have assumed responsibility and liability for those roads.
You really should not allow unauthorized signs on your township roads.  If you do, I really think you are opening yourself up to some unnecessary liability consequences.  You need to get in on the front end of the road building process instead of trying to play "catch up" after the construction has been completed.

My suggestion to you is to have a meeting of the township supervisors or your township zoning board to establish a process for authorizing road construction on your section lines.  In that process, you could establish fees that will need to be paid, which in turn can be used to compensate the township for the time that is spent in the road authorization process.  If your township doesn't already have it's own zoning ordinance, it may be time to take that step.

It may be possible for the legislature to develop a set of guidelines for road construction, however, I don't know if we want the legislature to do that for us.  That may be taking the authority away from the townships.

I want to thank you for doing this work for your township.  Maybe somebody else has some thoughts on this?

forum@ndtoa.com

December 22, 2003