Debris and wreckage removal in disasters or emergencies
N.D. Cent. Code § 37-17.1-21
in effect37-17.1-21. Debris and wreckage removal in disasters or emergencies
The governor is authorized to enter into such agreements and execute such assurances on
behalf of the state of North Dakota as may be necessary to establish, in the event of a disaster
or emergency, a program of debris and wreckage removal caused by a disaster. The governor is
authorized:
1. Notwithstanding any other provision of law, through the use of state departments or
agencies, or the use of any of the state's instrumentalities, to clear or remove from
publicly or privately owned land or water, debris and wreckage which may threaten
public health or safety, or threaten public or private property, in any disaster or
emergency declared by the governor.
2. To accept funds from the federal government and utilize such funds to make grants to
any local government for the purpose of removing debris or wreckage from publicly or
privately owned land or water.
Authority under sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 may not be exercised,
except upon state-owned lands, unless the affected local government, corporation, limited
liability company, organization, or individual first presents an unconditional authorization for
removal of such debris or wreckage from public and private property and, in the case of removal
of debris or wreckage from private property, first agrees to indemnify the state government
against any claim arising from such removal.
Whenever the governor provides for clearance of debris or wreckage pursuant to
subsection 1 or 2, employees of the designated state agencies or individuals appointed by the
state are authorized to enter upon private land or waters and perform any tasks necessary to
the removal or clearance operation.
Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or
agent complying with orders of the governor and performing duties pursuant thereto under
sections 37-17.1-19, 37-17.1-20, and 37-17.1-21 is not liable for death of or injury to persons or
damage to property.
The governor shall establish guidelines to carry out the purposes of sections 37-17.1-19,
37-17.1-20, and 37-17.1-21.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t37c17-1.pdf#nameddest=37-17p1-21Fetched: 10/16/2026