N.D.C.C. §§ 23-10-01 through 23-10-14 § 23-10-02.1
Department authorized to accept local enforcement and inspection.
Operative Text
23-10-02.1. Department authorized to accept local enforcement and inspection.
The department shall accept state, federal, city, or county enforcement of local sanitation,
safety, zoning, and inspection requirements in lieu of the enforcement of sanitation, safety, and
inspection requirements of the department under this chapter if the department determines that
the state, federal, city, or county requirements meet or exceed the requirements of this chapter
and any rules and regulations promulgated under this chapter. Before accepting state, federal,
city, or county enforcement of local requirements, the department shall determine that the state,
federal, city, or county requirements meet or exceed the requirements of this chapter and any
rules and regulations promulgated under this chapter.Under N.D.C.C. § 23-10-02.1, the North Dakota Department of Health (or its successor agency overseeing sanitation and safety) is permitted to defer to state, federal, city, or county enforcement programs for sanitation, safety, zoning, and inspection standards rather than applying its own chapter requirements directly. This substitution is only allowed when the department has affirmatively determined that the local or other governmental standards are at least as stringent as those set out in the chapter and its accompanying rules. The provision establishes a threshold review process that must occur before any such deference takes effect.
Plain English — not legal advice.
Property owners and managers operating under N.D.C.C. § 23-10-02.1 should be aware that the inspection and enforcement standards they are subject to may come from a city, county, state, or federal authority rather than directly from the department, depending on whether a local program has been accepted as equivalent. Compliant operators generally stay informed about which governmental body holds enforcement authority over their properties and ensure their facilities meet whichever set of sanitation, safety, and inspection requirements applies. Keeping records of inspections conducted by any accepted local authority can help demonstrate ongoing compliance regardless of which agency is exercising oversight.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 23-10-02.1 means that tenants may find their rental property's sanitation, safety, and inspection standards enforced by a city, county, or other governmental body rather than the state department, provided that body's requirements have been found to meet or exceed state standards. Tenants who have concerns about habitability or code compliance can identify the relevant enforcement authority — whether local, state, or federal — and direct complaints or inquiries there. Tenant-rights organizations in North Dakota can help residents understand which agency has accepted enforcement responsibility in a given area and what options are generally available for raising violations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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