The director is responsible for the construction, 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.

Terms Used In North Dakota Code 24-01-03

  • Department: means the department of transportation of this state as provided by section 24-02-01. See North Dakota Code 24-01-01.1
  • 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. See North Dakota Code 24-01-01.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • 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. See North Dakota Code 24-01-01.1

The jurisdiction, control, and duty of the state and municipality with respect to such urban connecting streets must be as follows:

1.    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.