HB 1423 Summary

• Amends county and township zoning authority to prohibit restrictions on animal feeding operations, farming, or ranching use of land, and prohibits precluding development of animal feeding operations.

• Establishes a 60-day petition process for operators to obtain county/township determination of zoning compliance before construction, with deemed compliance if no valid objection is filed within 60 days.

• Limits setback distances for animal feeding operations to those established in state law (section 23.1-06-15), unless county/township provides compelling objective evidence allowing up to 50 percent greater setbacks.

• Caps county/township fees related to animal feeding operation permits and applications at $500 total and prohibits requirements for permits on existing operations undergoing improvements that maintain compliance with state and federal regulations.

• Creates a Model Zoning Review Task Force composed of representatives from agriculture, environmental quality, Indian affairs, townships, counties, and various agricultural associations to develop and update a model zoning ordinance during the 2023-24 biennium and every five years thereafter.