Controversial zoning bill dies in North Dakota Senate

Lawmakers voted 19-27-1 on Senate Bill 2208 after 30 minutes of debate.

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BISMARCK — A bill that would have held infrastructure dollars from political subdivisions where local rules block state-approved energy and agricultural projects failed in the North Dakota state Senate on Friday. Lawmakers voted 19-27-1 on Senate Bill 2208 after 30 minutes of debate. ADVERTISEMENT The money that would have been blocked under the law comes from Operation Prairie Dog, a 2019 effort to use taxes on the state's oil and gas sector for needed infrastructure upgrades across non-oil producing counties.

In the fund, there can be up to $115 million made available for municipalities, and $115 million made available for counties and townships per biennium. Supporters argued that big infrastructure projects for exporting and importing energy are needed to keep state oil and gas production high, and localities that make that more challenging should not see the benefits of oil and gas. The law was also amended to apply to large animal feedlots.



Solar generators and wind farms were specifically excluded from applying to the law. "They want the benefit of those projects, but not the inconvenience," State Sen. Terry Wanzek, R-Jamestown, said.

State Sen. Greg Kessel, R-Belfield, questioned why the Legislature so frequently votes to provide incentives for these projects if the state wouldn't enforce its authority to permit them. But opponents, even some who were sympathetic to the concerns that SB 2208's proponents laid out regarding the "not in my back yard" sentiment that has popped up in response to some projects, argued the bill went too far.

State Sen. Todd Beard, R-Williston, said the best way to resolve issues over local control is through the court system. "You want a fight you can't win? Pass this bill out of chamber, because the repercussions of what's going to happen is going to spread across the state," he said.

ADVERTISEMENT State Sen. Mark Weber, R-Casselton, said he sees many of the large infrastructure projects proposed as benefits to North Dakota, but there needs to be compromise between industry, local political authorities and landowners. "We don't like it when the federal government tells our state what to do.

Why should we like it then when our own state is telling our cities, counties, school districts and other political sub(divisions) what to do?" he said..