North Dakota Code § 38-01-07.1

Road may be closed for surface coal mining operations
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A surface coal mining operator may petition the board of county commissioners to 
temporarily close or relocate a section line road or other road if the road interferes with the 
operator's conduct of surface coal mining operations. The board of county commissioners, if so 
petitioned, may, after notice and public hearing, temporarily close or relocate the section line 
road or other road, providing the road is not required due to readily accessible alternate routes 
of travel and the closing or relocation does not deprive adjacent landowners access to their 
property. If a road is closed as provided for in this section, the board of county commissioners 
may require that after completion of surface coal mining operations the operator restore the 
road to as good a condition as existed prior to the closing of the road.

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