ND SB2325

Property owners must request the Department of Water Resources or appropriate federal agency to determine the ordinary high water mark before granting a wetland easement to any non-federal party

Easement holders with wetland easements obtained before August 1, 2025 must retroactively obtain an ordinary high water mark determination

Easement holders must record the easement, the high water mark determination, and an area map with the county recorder where the majority of the easement is located

Easement holders become liable for civil damages to crops, county/township roads, railroad infrastructure, and private property if water levels exceed the ordinary high water mark within the easement area