24-01 State Highway System
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the citizens of the state; increase property value; and generally promote economic and social
progress of the state. Therefore, the legislative assembly hereby determines and declares that
an adequate and integrated system of roads and streets is essential to the general welfare of the
state of North Dakota.In designating the highway systems of this state, as hereinafter provided, the legislativeassembly places a high degree of trust in the hands of those officials whose duty it is, within the
limits of available funds, to plan, develop, operate, maintain, and protect the highway facilities of
this state, for present as well as for future use. To this end, it is the intent of the legislative
assembly to make the director of the department, and the department acting through the director,
custodian of the state highway system and to provide sufficiently broad authority to enable the
director of the department to function adequately and efficiently in all areas of appropriate
jurisdiction with specific details to be determined by reasonable rules and regulations which may
be promulgated by the director, subject to the limitations of the constitution and the legislative
mandate hereinafter imposed.It is recognized that the efficient management, operation, and control of our county roads,city streets, and other public thoroughfares are likewise a matter of vital public interest.
Therefore, it is the further intent of the legislative assembly to bestow upon the boards of county
commissioners similar authority with respect to the county road system and to local officials with
respect to the roads under their jurisdiction.While it is necessary to fix responsibilities for the construction, maintenance, andoperation of the several systems of highways, it is intended that the state of North Dakota shall
have an integrated system of all roads and streets to provide safe and efficient highway
transportation throughout the state. To this end, it is the intent of the legislative assembly to give
broad authority and definite responsibility to the director of the department and to the boards of
county commissioners so that working together, free from political pressure and local interests,
they may provide for the state an integrated system of state and county highways built upon a
basis of sound engineering with full regard to the interest and well-being of the state as a whole.Providing adequate public highway facilities, including rural and urban links, is herebydeclared to be a proper public use and purpose and the legislative assembly hereby determines
and declares that chapter 177 of the Session Laws of 1953 is necessary for the immediate
preservation of the public peace, health, and safety, for the promotion of the general welfare, and
as a contribution to the national defense.24-01-01.1. Definition of words and phrases. The following words and phrases whenused in this title shall, for the purposes of this title, have the meanings respectively ascribed to
them in this chapter:1."Abandonment" means cessation of use of right of way or activity thereon with no
intention to reclaim or use again for highway purposes.2."Acquisition or taking" means the process of obtaining right of way.3."Arterial highway" means a general term denoting a highway primarily for through
traffic, usually on a continuous route.4."Belt highway" means an arterial highway for carrying traffic partially or entirely
around an urban area or portion thereof.5."Capacity" means the ability of a roadway to accommodate traffic.Page No. 16."Commission" means the public service commission of the state of North Dakota.7."Commissioner" means the director of the department of transportation of this state,
acting directly or through authorized agents as provided in section 24-02-01.3.8."Consequential damages" means loss in value of a parcel, no portion of which is
acquired, resulting from a highway improvement.9."Controlled-access facility" means a highway or street especially designed for
through traffic, and over, from, or to which owners or occupants of abutting land or
other persons have no right or easement or only a controlled right or easement of
access, light, air, or view by reason of the fact that their property abuts upon such
controlled-access facility or for any other reason.10."County road system" means the system of secondary highways designated by the
county officials, the responsibility for which is lodged with the counties.11."Department" means the department of transportation of this state as provided by
section 24-02-01.1.12."Direct compensation" means payment for land or interest in land and improvements
actually acquired for highway purposes.13."Director" means the director of the department of transportation of this state, acting
directly or through authorized agents as provided in section 24-02-01.3.14."Divided highway" means a highway with separated roadways for traffic in opposite
directions.15."Easement" means a right acquired by public authority to use or control property for
a designated highway purpose.16."Employee compensation" includes vacation and sick leave.17."Expressway" means a divided arterial highway for through traffic with full or partial
control of access and generally with grade separations at intersections.18."Fee simple" means an absolute estate or ownership in property including unlimited
power of alienation, except as to any and all lands acquired or taken for highway,
road, or street purposes. Where lands are taken for such purposes, "fee simple"
shall not be deemed to include any oil, gas, or fluid mineral rights.19."Freeway" means an expressway with full control of access.20."Frontage street or road" means a local street or road auxiliary to and located on the
side of an arterial highway for service to abutting property and adjacent areas and
for control of access.21."Grade crossing" means the intersection of a public highway and of the track or
tracks of any railroad, however operated, on the same plane or level, other than a
street railway within the limits of a city.22."Highway, street, or road" means a general term denoting a public way for purposes
of vehicular travel, including the entire area within the right of way. A highway in a
rural area may be called a "road", while a highway in an urban area may be called a
"street".23."Intersection" means a general term denoting the area where two or more highways
join or cross.Page No. 224."Interstate system" or "interstate highway system" means that part of the state
highway system designated as the North Dakota portion of the national system of
interstate and defense highways as provided for in Public Law 85-767 [23 U.S.C.
101 et seq.].25."Local street or local road" means a street or road primarily for access to residence,
business, or other abutting property.26."Major street or major highway" means an arterial highway with intersections at
grade and direct access to abutting property, and on which geometric design and
traffic control measures are used to expedite the safe movement of through traffic.27."Market value" means the highest price for which property can be sold in the open
market by a willing seller to a willing purchaser, neither acting under compulsion and
both exercising reasonable judgment.28."Median" means the portion of a divided highway separating the traveled ways for
traffic in opposite directions.29."Municipal corporation or municipality" means all cities organized under the laws of
this state, but does not include any other political subdivisions.30."Outer separation" means the portion of an arterial highway between the traveled
ways of a roadway for through traffic and a frontage street or road.31."Partial taking" means the acquisition of a parcel of property.32."Person" means any person, firm, partnership, association, corporation, limited
liability company, organization, or business trust.33."Radial highway" means an arterial highway leading to or from an urban center.34."Remainder" means the portion of a parcel retained by the owner after a part of such
parcel has been acquired.35."Remnant" means a remainder so small or irregular that it usually has little or no
economic value to the owner.36."Right of access" means the right of ingress to a highway from abutting land and
egress from a highway to abutting land.37."Right of survey entry" means the right to enter property temporarily to make
surveys and investigations for proposed highway improvements.38."Right of way" means a general term denoting land, property, or interest therein,
acquired for or devoted to highway purposes and shall include, but not be limited to
publicly owned and controlled rest and recreation areas, sanitary facilities
reasonably necessary to accommodate the traveling public, and tracts of land
necessary for the restoration, preservation, and enhancement of scenic beauty
adjacent to the state highway system.39."Right-of-way appraisal" means a determination of the market value of property
including damages, if any, as of a specified date, resulting from an analysis of facts.40."Right-of-way estimate" means an approximation of the market value of property
including damages, if any, in advance of an appraisal.Page No. 341."Roadside" means a general term denoting the area adjoining the outer edge of the
roadway. Extensive areas between the roadways of a divided highway may also be
considered roadside.42."Roadway" means in general, the portion of a highway, including shoulders, for
vehicular use. In construction specifications, the portion of a highway within limits of
construction.43."Severance damages" means loss in value of the remainder of a parcel resulting
from an acquisition.44."Shoulder" means the portion of the roadway contiguous with the traveled way for
accommodation of stopped vehicles, for emergency use, and for lateral support of
base and surface courses.45."State highway system" means the system of state principal roads designated by the
director of the department, the responsibility for which is lodged in the department.46."Through street or through highway" means every highway or portion thereof on
which vehicular traffic is given preferential right of way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to yield right of way to
vehicles on such through highways and in obedience to either a stop sign or yield
sign, when such signs are erected by law.47."Traffic lane" means the portion of the traveled way for the movement of a single line
of vehicles.48."Traveled way" means the portion of the roadway for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.24-01-01.2. State highway system - Mileage.The state highway system may notexceed seven percent of the entire road mileage of the state, whether such roads are township,
county, or state roads, which may be functionally classified as to service, and in no case may
such highway system exceed seven thousand seven hundred miles [12391.95 kilometers] in
length.24-01-02. Designation of state highway system. The director is hereby vested withcomplete authority to designate, locate, create, and determine what roads, highways, and streets
constitute the state highway system, subject however, to such conditions, requirements, and
mileage limits as provided for by law. The total mileage of the state highway system may be
increased by not more than fifty miles [80.47 kilometers] in any one calendar year.Indesignating, locating, creating, and determining the several routes of the state highway system,
the director shall take into account such factors as the actual or potential traffic volumes, the type
of service class, the construction of bypasses and alternate routes, the conservation and
development of the state's natural resources, the general economy of the state and communities,
and the desirability of fitting such system into the general scheme of the nationwide network of
highways.24-01-03. Responsibility for state highway system. The director is responsible for theconstruction, maintenance, and operation of the state highway system and may enter a
cooperative agreement with any municipality for the construction, maintenance, or repair of any
urban connecting street. The director may not divest the state from responsibility for maintaining
the structural integrity of any bridge over a navigable water of this state which is currently
maintained by the state unless an agreement is reached with the municipality.The jurisdiction, control, and duty of the state and municipality with respect to such urbanconnecting streets must be as follows:Page No. 41.The director has no authority to change or establish any grade of any such street
without approval of the governing body of such municipality.2.The municipality shall maintain at its own expense all underground facilities in such
streets and has the right to construct such additional underground facilities as may
be necessary in such streets.3.The municipality has the right to grant the privilege to open the surface of any such
street, but all damage occasioned thereby must be repaired promptly by said
municipality at its direction and without cost to the department.4.The municipality has exclusive right to grant franchises over, beneath, and upon
such streets.24-01-03.1. Highway performance classification plan. To the extent possible, thedepartment of transportation shall implement the highway performance classification plan.24-01-04.Municipalities to develop master street plan. Except for a municipalitylocated within a designated metropolitan planning organization, each municipality of over five
thousand population in this state, according to the latest available census, shall develop and
adopt a master street plan cooperatively between the director and the municipal officials, which
must ensure the proper location and integration of the state highway connections in the total city
street plan. In selecting and designating the master street plan, the cooperating officials shall
take into account the more important principal streets that connect the residential areas with
business areas, and the streets that carry the important rural traffic into and across the city, to
ensure a system of streets upon which traffic can be controlled and protected, in such a manner
as to provide safe and efficient movement of traffic within a municipality.24-01-04.1. Metropolitan planning organizations. Metropolitan planning organizationsshall develop, in cooperation with the state and public transit operators, transportation plans and
programs for metropolitan areas which encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the
mobility needs of people and freight and foster economic growth and development within and
through urbanized areas of this state while minimizing transportation-related fuel consumption,
air pollution, and greenhouse gas emissions. The plans and programs for each metropolitan
area must provide for the development and integrated management and operation of
transportation systems and facilities, including pedestrian walkways and bicycle transportation
facilities that will function as an intermodal transportation system for the metropolitan area. A
metropolitan planning organization is a political subdivision for purposes of chapter 54-52.24-01-05. Designation of county system - Removal from state highway system.The director may designate, from time to time, those roads selected under section 24-05-16, as
the county highway system not exceeding twenty-two thousand five hundred miles [36210.24
kilometers] in length on which federal aid funds must be expended as may be provided by such
appropriations. In designating such system, the director may remove from the state highway
system those parts which are low in standard of improvement and type of traffic service and
which will be released from maintenance agreement or agreements with the federal government.
No mileage on the state highway system may be placed on the county road system without the
consent of the board of county commissioners of the county in which the road lies. The director
may enter into an agreement with the board of county commissioners of any county providing for
the transfer of highways from the state highway system to the county road system of such
county.24-01-06. Authority to abandon sections of routes. The director has the authority toabandon sections of routes on the state highway system when such abandoned sections are
substantially replaced by improvements on new locations serving the area. Such abandonment
may be made even though such highway is not placed on any other road system.Page No. 5The abandonment order must be filed with the office of the recorder of each county inwhich the abandonment occurs.24-01-07. Maps of state, county, and municipal systems. The department at all timesshall provide and maintain a map of the state, which must show all the highways which have
been designated, located, created, and constituted as part of the state highway system, the
county road system, and the municipal arterial street system, and if practical the status of
improvement thereof.24-01-08.Uniform marking and erection of signs on highway.Repealed byS.L. 1975, ch. 353,