prepared by:    David R. Nelson, State Entomologist
                        North Dakota Department of Agriculture
                        701.328.4765

                        May 2003

• Regulations governing Authority for implementing pest control

• Codes governing tax levies and limitations

Authority for county and township plant pest control

NDCC 24-05-20.
County and township road grades and ditches to be back sloped -- Planting of grass -- Plant pest control.

All county and township roads shall be constructed with back sloped grades and ditches. Such grades and ditches shall be sloped to a sufficient degree to permit farm implements used for cutting and gathering hay to operate thereon, and such grades and ditches shall be cleared of all stones or other obstructions that would hinder the operation of such implements. Upon completion of such newly constructed or reconstructed roads, the governing body having authority over such roads shall plant grass upon the back slopes of the grades and ditches. The grass or hay growing upon or within the right of way of such roads may be cut for hay by any owner or tenant of lands adjoining the right of way.

1. The governing body of a township or a county may control, or cause to be controlled, grasshoppers and other plant pests which are infesting vegetation in the road rights of way under their authority. Only pesticides that are labeled for use on forage crops may be used so that the forage may be cut and used for hay. At least three days prior to treatment, the governing body of the township or county shall provide written notice to all of the landowners or tenants, or both, of all land adjacent to the rights of way to be treated. The notice must include the approximate date of treatment, the name of the pesticide that will be used, and any restrictions on the harvest and use of the treated forage. If a landowner or occupant of land adjacent to the road right of way to be treated gives notice opposing the treatment to the governing body of the township or county prior to the treatment date that section of the right of way must be excluded from treatment. The landowner or tenant of the land is responsible for clearly marking or flagging the section of the right of way to be excluded from treatment.

2. The governing body of a county may enter into agreements with the department of transportation for the purpose of controlling grasshoppers and other plant pests in state highway system rights of way. The governing body of a township may enter into agreements with the governing body of a county for controlling grasshoppers and other plant pests in rights of way of the county road system. The governing body of a county may use the county emergency fund, as provided for in section 57-15-28, to pay for the cost of control in rights of way of the county road system. The county emergency fund may also be used to cost share with townships for control expenses in township rights of way. The electors of an organized township may appropriate funds as provided for in section 57-15-19 for controlling grasshoppers and other plant pests in rights of way controlled by the township.

(Source: S.L. 1955, ch. 179, p1; R.C. 1943, 1957 Supp, P 24-0520; S.L. 1991, ch 290, p1)

63-01.1-04.2. County Weed Board - Pest control.

The board of county commissioners in consultation with the county weed board may authorize the county weed board to control pests. A county weed board that has been authorized to control pests pursuant to this section may expend funds made available from state or federal sources for pest control purposes.

(Source: S.L. 1993, ch. 58, p5.)

NDCC 4-33-11. Authority for financing local control programs - County pest coordinator.

1. The governing body of any political subdivision of this state may appropriate money for the control of pests pursuant to this chapter or section 63-01.1-04.2. If state funds are involved, such money must be expended according to control plans approved by the commissioner. The governing body of a political subdivision shall determine the portion, if any, of control program costs that should be paid by the political subdivision. Costs of the control program may be paid by moneys in the emergency fund. If the emergency fund is not sufficient to carry out the program, the governing body may expend money from the general fund and in such event the governing body may, upon approval of sixty percent of those voting in any special election or the next regularly scheduled primary or general election, levy a tax during the following year upon all taxable property in the political subdivision to fully reimburse the general fund for the amount expended except that such levy may not exceed the limitation in subsection 1 of section 57-15-28.1.

2. The board of county commissioners for any county shall designate a person to serve as county pest coordinator. The county weed control officer may serve in that capacity if approved by the board of county commissioners. The county pest coordinator shall administer local and private funds in cooperation with state and federal pest control programs. When state funds are involved, the county pest coordinator shall submit county and township control plans to the commissioner of agriculture for approval.

(Source: S.L. 1975, ch. 62. p 4; 1983, ch 104, p5, 1983, ch 606, p11; 1985, ch 102, p1; 1993, ch 58, p1)

Attorney General Opinion regarding approval of county and township
control plans when state highway department funds are involved.

“The protection that is apparently desired by N.D.C.C. 4-33-11 is that county and township control plans be approved by the Commissioner of Agriculture or his designated agent, probably the state agricultural entomologist. See N.D.C.C. 4-33-02. If grasshopper control is being accomplished by the county and township authorities it should be done in a coordinated and meaningful fashion, approved by someone else (possibly a more qualified person) who is viewing the total picture. Since the commissioner employs a qualified state agricultural entomologist to assist him it seems logical, and it seems to be the clear directive of N.D.C.C. 4-33-11, that the expenditure of state funds used for county and township pest control plans be approved by the commissioner of agriculture.

If the state highway department is reimbursing townships or counties for pest control work on state highway department rights-of-way, then county and township control plans, even if funded totally by the state highway department, must be approved by the commissioner. It is not the spending of the money by the state highway department for this particular purpose that is being approved, but the way in which the local governments are planning to make use of these moneys that must be approved." (Attorney General Alan Holberg 02/29/88)

 

Tax Levies and Limitations

57-15-28. Emergency fund - County.

The governing body of any county may levy a tax for emergency purposes not exceeding the limitation in subsection 22 of section 57-15-06.7. The emergency fund may not be considered in determining the budget or the amount to be levied for each fiscal year for normal tax purposes, but must be shown in the budget as an "emergency fund" and may not be deducted from the budget as otherwise provided by law. Each county may create an emergency fund, and all taxes levied for emergency purposes by any county, when collected, must be deposited in the emergency fund, and must be used only for emergency purposes caused by the destruction or impairment of any county property necessary for the conduct of the affairs of the county, emergencies caused by nature or by the entry by a court of competent jurisdiction of a judgment for damages against the county. The emergency fund may not be used for any road construction or maintenance, except for repair of roads damaged by nature within sixty days preceding such determination to expend emergency funds, or for the purchase of road equipment. Any unexpended balance, remaining in the emergency fund at the end of any fiscal year, must be kept in such fund. When the amount of money in the emergency fund, plus the amount of money due the fund from outstanding taxes, equals the amount produced by a levy of five mills on the taxable valuation of property in a county with a population of thirty thousand or more, or ten mills on the taxable valuation of property in a county with a population of less than thirty thousand, the levy authorized by this section must be discontinued, and no further levy may be made until required to replenish the emergency fund.

(Source: S.L. 1943, ch 268, 3; R.C. 1943, 57-1528; S.L. 1969, ch 478, 1; 1971, ch 544, 1; 1983, ch 593, 63; 1983, ch 606, 81; 1985, ch 620, 1.)

Note: The 5 mill limit for the emergency fund applies to Burleigh, Cass, Ward, and Grand Forks counties. All other counties can accumulate up to 10 mills in their emergency funds.

NDCC 57-15-06.7. Additional levies - Exceptions to tax levy limitations in counties.

The tax levy limitations specified in section 57-15-06 do not apply to the following mill levies, which are expressed in mills per dollar of taxable valuation of property in the county:

22. A county levying a tax for emergency purposes as provided in section 57-15-28 may levy a tax not exceeding two mills.

(Source: S.L. 1929…….. 1983, ch. 593, p42; 1983 ch. 606, p68)

NDCC 57-15-19. Township tax levies.

The electors of each township shall have power at the annual meeting to vote to raise such sums of money for the repair and construction of roads and bridges, and for all township charges and necessary expenses as they deem expedient, within the limitations prescribed in section 57-15-20, and on the fourth Tuesday in March, or within ten days thereafter, of each year, the board of supervisors of each civil township shall levy annual taxes for the ensuing year, as voted at the annual township meeting, and the tax levy shall be limited by the amount voted to be raised at such annual meeting. The electors at such annual meeting may direct the expenditure of the road tax, or a part of it, in an adjoining township under the joint direction of the boards of supervisors of the township under the joint direction of the boards of supervisors of the townships interested and furnishing such funds.

(Source: S.L.1929…. 1957 Supp., p57-1519.)

NDCC 57-15-20. Tax levy limitations in townships.

The total amount of the annual tax levy in a civil township, exclusive of levies to pay interest on any bonded debt and to provide a sinking fund to pay and discharge the principal thereof at maturity, may not exceed such amount as will be produced by a levy of eighteen mills on the dollar of taxable valuation thereof.

(Source: S.L. 1929….. S.L. 1983, ch. 593, p59.)

57-15-20.1. Excess levies in townships - Authorization for more than one year.

The board of township supervisors may submit the question of authorizing an excess levy for not to

exceed a total of five years, provided the notice of election and the ballot upon which the authorization for the excess levy is submitted both contain the specific years for which such authorization is sought. Upon approval by the voters as provided in section 57-17-05, such excess levy may be levied for the years specified in the ballot.

(Source: S.L. 1971, ch. 543, p1.)

NDCC 57-15-28.1. Exceptions to tax levy limitations in political subdivisions.

The tax levy limitations specified by law do not apply to the following mill levies, expressed in mills per dollar of taxable valuation of property in the political subdivision. For purposes of this section "political subdivision" has the same meaning as in section 32-12.1-02.

1. A political subdivision levying a tax for the control of pests in accordance with section 4-33-11 may levy a tax not exceeding one mill.

(Source: S.L. 1983, ch 606, p59; 1983, ch608, p16; 1987, ch604,p2)

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		Department of Entomology, 202 Hultz Hall   North Dakota State University, Fargo North Dakota   Extension Entomologist: Janet Knodel