discussionforum

Zoning Ordinance Establishment

Hi Kerry. I have a couple questions. I've looked through the handbook and have not found requirements for voting on a zoning plan - could have missed it ! Do we need a special published meeting or can it be done at annual township meeting? I supposed the notice would have to include zoning to be discussed and/or voted on. Would you recommend just discussion at annual meeting and then voting at a later date to give everyone more time? Thanks, Larry

Hello Larry,

Thanks for the inquiry about establishing

a township zoning ordinance.

What I suggest is that when you publish your annual township meeting notice, you mention that "Implementation of a township zoning ordinance will be discussed and voted upon."

At the annual meeting you could have a motion something to the effect:

"I move that xxxx township develop a township zoning ordinance".

If that motion is approved, then you can proceed with all of the steps outlined

in the township manual and the North Dakota Century Code beginning with
58-03-11.
http://www.legis.nd.gov/cencode/t58c03.pdf.

Good luck with the zoning ordinance.

You can contact me, or your District Director, Floyd Miller if you have any more questions or concerns.

kerry@ndtoa.com

Meeting Notice Publication

I read in the Century Code that a Public Meeting Notice needs to be published a given number of days in advance of the meeting. Does the township have the right to declare an “Official Paper?” Are there requirements to the extent that the official county paper must be used? G. W.

Hello GW,

Thanks for the inquiry about newspaper requirements for publishing township notices. .

As we discussed on the phone, the Century Code is very specific on where

township notices must be published.

From the Century Code:
58-04-01. Annual township meeting - When held - Change in meeting place -Notice.
The electors of each township annually shall assemble and hold a township meeting on
the third Tuesday in March at such place in the township or in an adjacent township as the board of township supervisors thereof shall designate. Notice of the time and place of holding the meeting must be given by the township clerk at least ten days prior to the meeting by publication in a legal newspaper published in the township or, if there is no such newspaper, then in the county's official newspaper.

Also:

58-04-03. Clerk to give notice of special meeting.
Each township clerk with whom a statement provided for in section 58-04-02 is filed shall record the same and shall cause notice of the special meeting to be published at least ten days before the meeting in a legal newspaper published in the township or, if there is no such newspaper, then in the county's official newspaper.

Click here for the Century Code page: http://ndtoa.com/centurycode.htm
Click here to see the section on newspaper notice requirements for townships:
http://www.legis.nd.gov/cencode/t58c04.pdf.

Thanks for your work on behalf of your township.
What you do is important.

Email your thoughts and comments on this or other matters to myself, any of the officer or directors, or forum@ndtoa.com .

Sincerely,

Kerry Schorsch
President, North Dakota Township Officers Assn.
701-579-4298
kerry@ndtoa.com

*****************************************
We live in a county without a township board, so we have been dealing with the county commissioners on our matter. We own 160 acres and do not have access to it. We would like to develop a road approximately 1/4mile long, and the board gave an opinion that the section line was impassable and would be a "taxpayer burden" in discussion. A petition was not submitted. We have talked with all neighboring landowners and none are willing to provide access. We are wondering what, if any, options do we have?

If we were to build the road down the section line under our own expense, what actions do we take to have the section line opened up for the 33 feet on each side of the section line?

Hello Levi,

Thank you for the inquiry.

If you lived in an organized township,

you could get permission from the township board

to build your road. Since you do not live

in an organized township, I believe that you will have to get permission from your county to build a road.

The 66 foot right of way along the section line

is open for public use by you and anyone else unless the section line has been "closed" by action of the county commissioners.

Yours case is a pretty classic example of why it is important to have grassroots township government.
What county are you in?

I am sorry we can't be of more assistance.

Maybe one of the users of this forum will have

some other suggestion for you.

Thank you Levi for taking the time to email your question to us.
kerry@ndtoa.com

Email your thoughts on this or other matters to forum@ndtoa.com .

Open Meetings Guidelines -
Feb 13, 2008

There has been some question among our township board whether emailing each other information is legal or not. No decisions or voting is made over email. Is this legal?

As far as I know, it is not illegal to email information between township board members. To be safe, I think that you should refrain from emailing any accompanying discussion or comments concerning the information being sent between board members.

We also have a question regarding calling a quorum. Our situation was, the main city outside of our township was hosting an public meeting. Two of our supervisors and our chairman were present in the audience. Do we have to call a quorum in this instance?

As far as I know, you do not have to call a quorum in this instance. Your board may have been attending the meeting to obtain information pertaining to a matter that may or may not concern your township. The board members may certainly discuss the information presented at the meeting. However, as long as no Stanley township matters are discussed or decided by the board at such a meeting, you should not be in violation of the state's open meetings policy.

You can find more specific information regarding the state's open records

and meetings law at this link: http://www.legis.nd.gov/cencode/t44c04.pdf.

Thank you Renee for taking the time to email your question to us.
kerry@ndtoa.com

Email your thoughts on this or other matters to forum@ndtoa.com .

Safety and Dust on Township Roads - Feb 3, 2008

Kerry,

When it comes to gravel roads and farmsteads being right on the road, the occupants safety as well as the dust created by semi trucks and trailers is coming into issue. There are dust solutions such as calcium chloride but for most this is becoming cost prohibitive. With such heavy usage year around and the added need to grade more frequently which then adds to the dust and speed problem as well the grading cost to my township, are there any solutions for these people other than moving. Just mentioning reducing the speed for trucks under the 55mph on the gravel roads in front of these farmsteads met with great resistance from the big farmers and county commissioners. There are concerns for school bus stops on these roads as well as they are school bus routes.
If your school bus stops are not signed, they should be and that in itself, may also cause the traffic to slow down, at least during the school year.

I see this becoming a bigger issue as I see these same trucks now pulling two trailers. Has this issue been addressed amicably in other townships?

Safety and dust for people living along township roads has long been a problem. As your question reveals, the issue has still not been adequately addressed. If anyone has any answers, please let us know at forum@ndtoa.com.

Is there any help for these farmsteads such as getting better prices or suppliers for calcium chloride? Can you work with your county to get better pricing? I am not aware of any "volume" pricing opportunities available through the state association. Also, maybe you could work with adjoining townships in that regard.

What can my township do?
Some suggestions.

Many times the solution to township problems can be solved with adequate funding. At your next annual meeting could you authorize spending some additional money dedicated to dust suppression in your township? You may have to raise your annual levy to take care of the problem if the residents think it is a serious enough problem to address.

Also, the state of North Dakota, Upper Great Plains Institute is sponsoring a series of statewide meetings this spring concerning the future funding of transportation needs in our state. If township road needs are going to be considered, we need your presence and your testimony at the meeting in your area. As an elected official, you will be given the opportunity to voice your opinion concerning current and future system and program needs and funding options. We encourage and need your township's participation as well participation of lots of other townships around the state to make sure that township residents needs are addressed. Click here for information on the dates and times of the Transportation Needs and Funding Workshops: http://ndtoa.com/calendar.htm

If you want to help your township, get involved. Get involved in your county and state township officers association. Funding needs for townships are met through the legislative process. Both of those organizations are aggressively pursuing an agenda of getting townships the tools needed to solve their problems. Whenever you get the opportunity, let your state senators and representatives know that you appreciate their efforts to provide funds for safe and efficient township roads. Let representatives know that most of the of the state's grain, livestock and oil products begin their route to market on a township road.

Thanks,

dfite@fitedev.com

Thank you David for taking the time to email your question to us.

Email your thoughts on this or other matters to forum@ndtoa.com .

State Park Boundary Fence

The Turtle River State Park, in Grand Forks County, has a fence around the park. The south fence is on the section line between

Hegton township and Arvilla Township. The current Park Manger claims that the park actually owns 33 feet outside of the fence line.

This fence has been there for many years and I question that.

1. Why would the fence be installed 33 feet off the section line?
Answer: There should be no fences installed in a township section line, unless the section line in question has been declared closed by action of the County Commissioners. The 33 feet on each side of the section line should remain clear of obstructions so that the section line can be used for public right of way. You can find reference to section lines through the link on the township website: at http://ndtoa.com/centurycode.htm

and then here:

Section 24-07 of the ND Century Code: http://www.legis.nd.gov/cencode/t24c07.pdf.

2. I believe that this 33feet is actually property of Arvilla Township. And, if the fence is on the section line, as I suspect, the Township actually owns 33 feet inside the fence line.
Answer: It would be unusual for the township to own any land on a section line. In nearly all cases, the adjoining land owner actually owns the land right up to the middle of the section line, including the 33 feet of public right of way. While the landowner owns the land up the middle of the section line, the landowner must allow public access and cannot restrict public access on the section line unless the landowner completes the "Section line closing" procedure found in Section 24-07 of the ND Century Code.

There is no road on the section line because U.S. Highway #2 is located parallel to the section line at about 400 feet south, due to a deep coulee and slough on the section line.

3. Is there any place we can find the record of the location of the fence line without the cost of having it surveyed?
Answer: The Park Manager should be able to show you the Park Service plans for construction of the fence. That plan should show the location of the fence in relation to the section line. The Park Manager is required to show you those plans, upon your request, as directed by the North Dakota Open Records laws.

A.L.

I am the new president of the Stutsman County Township Officers and was looking for some ideas to try and have a good informative fall meeting. What are some of the things or topics that should be on the agenda? Or who are some guest speakers that would be informative?
ranchn@daktel.com

December, 12, 2003

Sent: Thursday, December 11, 2003 7:31 PM

Subject: roads

I am a member of the Scott township board in Adams County,ND. and I have a question about roads.

If a non farmer builds a house on a small plot of land out in the country and that house is located along side of a unimproved section line, does the township have to build a road up to his new home?

I do not believe that the township is required to build a road to this new home.

If so, is the township also responsible for putting gravel on this new road? We have gravel

on all of the other majour roads in the township.

In a letter from the ndtoa last spring it was stated that the N.D. attorney general ruled that the townships had to build a road right up to the house no matter where it was built but this ruling was going to be appealed. Is there anything new on that ruling?

Yes, Bill, I believe this matter was addressed in the 2003 legislature with introduction and passage of House Bill 1278. This bill was introduced on behalf of the North Dakota Townships and returned to the townships the authority to decide as to whether or not to build these roads. http://www.state.nd.us/lr/assembly/58-2003/bill-text/DRCL0400.pdf. You can read a little about this bill on page 2 in our May 2003 newsletter by clicking on this link: http://www.ndtoa.com/Newsletter%205_03%20copy.pdf.

I believe this is how the new law appears in the updated Century Code: http://www.state.nd.us/lr/cencode/T24C07.pdf

(Look for 24-07-06).

You can access some of our past issues of the Grassroots Report on your website, http://www.ndtoa.com/grassrootsreport.htm

Also the North Dakota Century Code at: http://www.ndtoa.com/centurycode.htm

Sincerely,

Bill

You are welcome Bill. Please feel free to call or email me anytime and we will look forward to seeing you at one of the workshops this spring that will be addressing the new IRS rulings http://www.ndtoa.com/workshops.htm.

Sincerely,

Kerry Schorsch
701-579-4298