Extraterritorial Zoning
The City of Grand Forks currently exercises extraterritorial zoning authority over an area extending four miles from the city limits. Click here to see a map of the four-mile extraterritorial zone.
GFC3 believes that a city should not be allowed to enforce their ordinances and control citizens' private property outside of the city's legal corporate boundary. A city should not be allowed to govern citizens' uses of their private property when the citizens cannot vote for the officials in that government.
UPDATES:
New Extraterritorial Zoning Law Enacted
The 2009 ND Legislature has enacted a new law regarding extraterritorial zoning.
Click here to view the new law (Chapter 40-47-01.1).
Click here to see the various versions and changes to the bill as it made its way through the legislature.
This new law allows for joing zoning and subdivision regulation jurisdiction in the 2-4 mile ET zone for cities with a population of 25,000 or more. Any land for which a plat or site plan was presented before May 1, 2009 is not subject to the new law and may be zoned and regulated under the old law.
Rye Township Zoning Ordinance Available
Rye Township has recently completed the zoning process. The new ordinance can be viewed by clicking here.
NDPC Releases ET Zoning Video
The North Dakota Policy Council has produced and released an excellent video explaining the extraterritorial issue. Click here to view all three parts of the video.
Minot Residents Harmed By Extraterritorial Zoning
The City of Minot has approved a chemical and explosives storage facility within their two-mile extraterritorial zone. Click here for the article in the Minot Daily News.
Our arguments against allowing cities to exercise extraterritorial zoning authority are outlined below.
Government Without Representation
GFC3 understands the need for zoning and planning, in both city and rural areas. But we do not believe that a city should be able to impose their will upon citizens who do not have representation in city government.
Article 1, Section 21 of the ND State Constitution states:
"No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens."
Under current extraterritorial zoning laws, the rights of rural citizens are subordinate to the rights of city residents.
Transportation and Utility Planning
Extraterritorial zoning authority is not necessary for the adequate planning of transportation and utilities. Efficient planning should be done on a regional level, not by a single entity like a city. An example of this is the Grand Forks - East Grand Forks Metropolitan Planning Organization. Utilities are always planning ahead for future development - the city does not need to be involved in this process.
Property Development
Property owners know how best to develop their property. Proper development of their land is in their best interest. Zoning, platting, and permitting of rural property is already covered by township, county, and state procedures and laws. Extraterritorial zoning by cities is not required to accomplish these functions.
Resources and Information
North Dakota Legislative Council
Minutes of the Advisory Commission On Intergovernmental Relations
This year the commission has been primarily focusing on extraterritorial zoning with the proposed Grand Forks landfill in Rye township often cited as an example of the issue. A Grand Forks Herald article about the 3/26/08 meeting can be read here.
The Fourteenth Amendment to the US Constitution - Equal protection of the laws