The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management. This chapter vests broad authority in the State Coordinator to implement and administer the North Dakota Emergency Management Act. The State Coordinator is empowered to develop, coordinate, and direct emergency management activities across the state. This includes the authority to establish plans, policies, and procedures for all aspects of emergency management, including preparedness, mitigation, response, and recovery. Furthermore, the State Coordinator has the power to coordinate the efforts of various state agencies, political subdivisions, and private organizations involved in emergency management. This coordination is crucial for ensuring a unified and effective approach to disasters. The State Coordinator also plays a key role in securing federal aid and coordinating with federal agencies, such as FEMA. The establishment of emergency management districts and the appointment of district coordinators are also functions that fall under the purview of the State Coordinator, as delegated by the Governor. The authority to declare states of emergency, in conjunction with the Governor, and to direct the implementation of emergency management plans are central to the role. The law emphasizes the State Coordinator’s responsibility to ensure that all emergency management activities are conducted in a manner that protects the public health, safety, and welfare of the citizens of North Dakota. This includes the judicious use of state resources and the effective management of mutual aid agreements.

North Dakota Century Code Chapter 37-17.2 outlines the powers and duties of the State Coordinator and the State Emergency Management Agency. Specifically, Section 37-17.2-05 details the authority granted to the Governor and their designated representatives during a declared state of emergency. This section empowers the Governor, or their designee, to utilize state resources, commandeer private property for public use if necessary, and direct the activities of state and local agencies. The Governor’s authority extends to establishing emergency management zones, imposing restrictions on movement and activities, and coordinating with federal and tribal authorities. The State Coordinator, acting under the Governor’s direction, is responsible for implementing these directives and ensuring the effective management of emergency response and recovery operations. This includes coordinating the deployment of personnel and equipment, establishing communication protocols, and managing the distribution of resources. The law emphasizes the hierarchical structure of authority, with the Governor at the apex, followed by the State Coordinator, and then the various state and local agencies. The ability to commandeer resources is a critical, though often last-resort, power intended to address immediate and overwhelming threats to public safety and welfare when other means are insufficient. This power is subject to constitutional limitations, including just compensation for private property taken or used.

North Dakota Century Code Chapter 37-17.1 outlines the powers and duties of the state and its political subdivisions during emergencies. Specifically, Section 37-17.1-07 details the powers of the governor during a declared state of disaster emergency. This section grants the governor broad authority to utilize all available state resources, direct and coordinate the efforts of state agencies and political subdivisions, and take any action necessary to protect the public peace, health, and safety. This includes the power to suspend the operation of any statutes, rules, or regulations, or parts thereof, if strict compliance would prevent, hinder, or delay necessary action in combating the disaster. This authority is crucial for allowing swift and effective response without being encumbered by normal procedural requirements. The governor’s actions are subject to review by the legislative assembly. The intent is to provide a flexible framework for disaster management, enabling decisive action in critical situations.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management and the State Emergency Management Agency. This chapter establishes the framework for comprehensive emergency management within North Dakota, encompassing preparedness, response, recovery, and mitigation. When a governor declares a state of emergency, certain authorities are activated to facilitate the state’s response. Section 37-17.1-08 of the North Dakota Century Code grants the governor broad powers during a declared state of emergency, including the authority to utilize all available state resources, coordinate with federal and local governments, and issue executive orders to protect public safety and welfare. This includes the ability to suspend the operation of any statutes, rules, or regulations that may impede the effective response to the emergency. This power is crucial for ensuring flexibility and rapid action during critical events. The question probes the specific authority granted to the governor to override existing regulations when a state of emergency is declared under North Dakota law, which is a core aspect of emergency management powers.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management. This chapter empowers the State Coordinator to develop and implement comprehensive emergency management plans, coordinate activities among state agencies and political subdivisions, and enter into mutual aid agreements. When a disaster or emergency is declared, the State Coordinator, under the Governor’s direction, is responsible for coordinating all state resources and efforts to mitigate, prepare for, respond to, and recover from the event. This includes the authority to direct and compel the use of any state or local resources necessary to address the emergency. The question probes the extent of this authority, particularly concerning the requisition of resources from political subdivisions. While the State Coordinator has broad powers, the statute emphasizes coordination and requests, rather than outright unilateral seizure without due process or established intergovernmental agreements. However, in a declared state of emergency, the State Coordinator’s role is to ensure the most effective and efficient use of all available resources to protect life and property. This implies a directive capacity over state and local assets when necessary for the public good during an emergency, subject to any specific limitations or procedures outlined in the law. The core principle is the preservation of public safety and welfare, which can necessitate overriding normal operational procedures when a severe threat exists. The authority to “direct and compel the use of any state or local resources” signifies a powerful, albeit conditional, power to requisition assets for the emergency response. This power is rooted in the state’s inherent authority to protect its citizens during times of crisis.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the state and local emergency management agencies. Regarding the declaration of a state of emergency, the Governor possesses the sole authority to declare a state of emergency for the entire state. This declaration is a prerequisite for accessing certain state resources and enacting specific emergency powers not available during normal operations. Local political subdivisions, such as counties and cities, also have the authority to declare a local state of emergency, but this declaration is limited to their respective jurisdictions and typically requires a finding that the situation exceeds their immediate capabilities, often necessitating state assistance. The law distinguishes between the types of emergencies and the authorities that can respond. While local officials can initiate emergency responses and declare local emergencies, the ultimate statewide declaration, which unlocks broader state-level resources and authorities, rests with the Governor. This hierarchical structure ensures a coordinated and authorized response, preventing unauthorized assumption of powers and ensuring that state resources are deployed under the proper legal framework. The question probes the specific jurisdictional limitations and the distinct authorities for declaring emergencies at different governmental levels within North Dakota’s emergency management framework.

North Dakota Century Code (NDCC) Chapter 37-17.2, the North Dakota Emergency Management Act, outlines the framework for disaster preparedness and response within the state. A key aspect of this act is the delineation of powers and responsibilities during a declared emergency. Specifically, the Governor, upon proclamation of a state of emergency, is granted broad authority to utilize state resources, direct state agencies, and coordinate with local governments. This authority is not unfettered, however, and is subject to constitutional limitations and legislative oversight. The Act emphasizes the importance of mutual aid agreements with neighboring states and federal agencies to enhance response capabilities. Furthermore, it establishes the North Dakota Division of Emergency Management as the primary state agency responsible for coordinating all emergency management activities, including planning, training, and resource management. Local political subdivisions, such as counties and cities, also have distinct roles in developing and implementing their own emergency management plans, which must be consistent with the state plan. The Act also addresses the acquisition and deployment of resources, including personnel and equipment, and the process for seeking federal assistance. The authority granted to the Governor is intended to provide swift and effective action during crises, while the provisions for local involvement ensure a comprehensive and coordinated approach to public safety and welfare. The correct understanding of this framework is crucial for any official involved in emergency management in North Dakota.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the state coordinator for emergency management and the governor during emergencies. Section 37-17.1-05 grants the governor broad authority to declare states of emergency, which can include mobilizing state resources, coordinating with federal agencies, and implementing measures deemed necessary to protect public safety and welfare. This authority is not contingent upon a prior declaration by the federal government. The governor’s powers are proactive and reactive, allowing for a response to imminent threats as well as actual disasters. The state coordinator, under the governor’s direction, is responsible for the operational aspects of emergency management. While local political subdivisions have their own emergency management responsibilities, the state’s overarching authority during a declared emergency supersedes local limitations when necessary for public safety, as long as actions are consistent with state and federal law. The key principle is that the governor’s declaration is the trigger for significant state-level emergency powers, not a federal declaration.

The North Dakota Century Code, specifically Chapter 37-17.2, outlines the powers and duties of the state and local emergency management agencies. When a state of disaster emergency is declared by the Governor, certain powers are vested in the Governor and can be delegated. These powers include the authority to direct and compel the evacuation of all or part of the population from any stricken or threatened area within the jurisdiction and to prescribe routes, modes of transportation, and conditions of entry or exit. Furthermore, the Governor can control ingress and egress to and from the incident area and the movement and conduct of people and the carrying of property. The authority to suspend the sale or distribution of alcoholic beverages or firearms is also a potential power during such emergencies, as defined by the scope of the disaster and the Governor’s specific declarations under the law. However, the suspension of specific state statutes, unless explicitly authorized by the emergency declaration itself and within the confines of constitutional limitations, is not an automatic or inherent power. The primary focus is on managing the immediate threat and ensuring public safety through established emergency management protocols. The question tests the understanding of the breadth of gubernatorial powers during a declared state of disaster emergency in North Dakota, specifically focusing on actions that directly manage public movement and safety versus actions that might require more specific legislative authorization or are outside the typical scope of emergency powers. The correct answer reflects the most direct and commonly understood powers granted under such declarations.

North Dakota Century Code (NDCC) Chapter 37-17.2 outlines the powers and duties of the State Coordinator of Emergency Management. Specifically, NDCC Section 37-17.2-05 details the authority granted to the Governor and, by delegation, the State Coordinator during a declared state of disaster emergency. This section empowers the State Coordinator to take necessary actions to protect life and property, including the procurement of necessary supplies, services, and equipment without regard to normal procurement procedures, provided such actions are consistent with the overall disaster response plan. The intent is to allow for rapid and effective response during critical periods when standard administrative processes would be too slow. This flexibility is crucial for addressing immediate threats and ensuring the welfare of North Dakota citizens. The law emphasizes that these extraordinary powers are to be exercised judiciously and in accordance with the established emergency management framework. The State Coordinator’s actions are subject to oversight and reporting requirements to ensure accountability.

The North Dakota Century Code (NDCC) Chapter 37-17.2 outlines the powers and duties of the state director of emergency management. Specifically, NDCC Section 37-17.2-05 details the authority granted to the governor during a declared emergency. This section empowers the governor to utilize all available state resources, including personnel and equipment, and to coordinate with federal and local agencies. Furthermore, it allows for the suspension of certain statutes, regulations, and rules that would impede effective emergency response, provided such suspension is necessary to address the emergency. The director, acting under the governor’s authority, is responsible for implementing emergency plans and directives. In this scenario, the governor has declared a state of emergency due to widespread flooding. The governor, through the state director of emergency management, can order the evacuation of residents from affected areas, a power derived from the broad authority to protect public health and safety during an emergency. This includes the ability to direct the movement of people and property as necessary to preserve life and minimize damage. The authority to establish temporary housing and provide essential services also falls under the governor’s emergency powers to manage the consequences of the disaster.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the state director of emergency management. This chapter establishes the framework for the state’s emergency management system, including the director’s authority to coordinate all emergency management activities within North Dakota. The director is responsible for developing, maintaining, and executing a comprehensive state emergency management plan, which includes preparedness, mitigation, response, and recovery phases for all types of disasters and emergencies. This includes the authority to direct and control the activation and execution of emergency plans and operations, and to make necessary expenditures from emergency funds. The director also has the power to enter into mutual aid agreements with other states and the federal government, and to coordinate with local political subdivisions. The statute emphasizes the director’s role in ensuring that the state is prepared to respond effectively to emergencies, acting as the central coordinating authority for all state-level emergency management efforts. This broad authority is crucial for effective disaster management, enabling a unified and efficient response.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the state director of emergency management. This chapter grants the director broad authority to implement emergency management programs, coordinate state and local efforts, and enter into agreements. When a governor declares a state of emergency, the director, under the governor’s direction, is empowered to utilize all available state resources and personnel to address the emergency. This includes the authority to suspend provisions of any state agency rules that impede the emergency response, provided such suspension is necessary and proportionate to the emergency. The director’s actions are subject to the governor’s oversight and the ultimate authority of the legislative assembly. The question probes the specific powers granted to the director during a declared emergency, emphasizing the director’s role in coordinating and directing response efforts under the governor’s executive authority. The ability to suspend agency rules that hinder response is a key aspect of this authority, as is the directive to utilize state resources. The core of the director’s power during an emergency is to operationalize the governor’s declaration by directing and coordinating the state’s response mechanisms.

North Dakota Century Code (NDCC) Chapter 37-17.2 outlines the powers and duties of the State Coordinator of Emergency Management and the adjutant general. Specifically, NDCC § 37-17.2-04 details the powers of the governor during a declared emergency. The governor, upon proclamation of a state of disaster emergency, has broad authority to utilize all available state resources, including the National Guard, to respond to the emergency. This includes the power to suspend provisions of any regulatory statute, order, or rule that impedes the efficient and timely execution of emergency measures. This suspension power is a critical tool for overcoming bureaucratic obstacles during a crisis. The question tests the understanding of the governor’s specific authority to bypass normal administrative procedures when necessary to effectively manage an emergency, as granted by state law. The governor’s ability to suspend laws is not absolute; it must be in furtherance of emergency response and is subject to constitutional limitations and the terms of the emergency declaration. However, among the given options, the power to suspend regulatory statutes is the most direct and significant authority granted to the governor for streamlining emergency response actions.

North Dakota Century Code (NDCC) Chapter 37-17.2, the North Dakota Emergency Management Act, outlines the framework for emergency management within the state. Specifically, NDCC 37-17.2-06 addresses the powers and duties of the Governor. The Governor, as the chief executive, has broad authority to declare states of emergency, issue executive orders, and direct the implementation of emergency management plans. This authority is crucial for coordinating response efforts, mobilizing resources, and ensuring public safety during disasters. The Act empowers the Governor to take necessary actions to protect the lives and property of the people of North Dakota, including the suspension of certain statutes, rules, and regulations that may hinder effective response. This power is not absolute and is subject to legislative oversight and constitutional limitations. However, during an active emergency, the Governor’s directives are paramount in managing the crisis. The establishment of an emergency operations center and the coordination with local political subdivisions and state agencies are key components of this authority, all aimed at achieving a unified and effective emergency management posture for North Dakota.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the Governor during a declared emergency. Section 37-17.1-08 grants the Governor broad authority to utilize state resources and personnel to address the emergency. This includes the power to suspend provisions of any statute, regulation, or order if strict compliance would prevent, hinder, or delay necessary action in the face of an emergency. However, this suspension power is not absolute. It is intended to facilitate effective response and recovery, not to permanently alter existing legal frameworks or to be used arbitrarily. The law emphasizes that such suspensions must be directly related to the emergency and are subject to judicial review if challenged on grounds of exceeding constitutional or statutory authority. The Governor’s actions are also guided by principles of due process and the need for proportionality to the declared emergency. The core concept is the temporary enablement of swift, decisive action by the executive during extraordinary circumstances, while maintaining accountability and the integrity of the legal system for the long term.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management. This chapter grants the State Coordinator broad authority to coordinate all emergency management activities within North Dakota. This includes the power to assume control of emergency management operations when deemed necessary, subject to certain conditions and reporting requirements. The State Coordinator is also responsible for developing and implementing comprehensive emergency management plans, coordinating mutual aid agreements with other states and federal agencies, and advising the Governor on all matters pertaining to emergency management. The authority to direct and control the activities of all state and local agencies involved in emergency management is a core component of this role, ensuring a unified and effective response. This directive authority is crucial for maintaining order and efficiency during declared emergencies, overriding normal chains of command when the situation demands it to protect life and property. The legal framework establishes a clear hierarchy and defines the scope of the State Coordinator’s powers to ensure a cohesive and effective statewide emergency response system, as envisioned by North Dakota law.

North Dakota Century Code Chapter 37-17.2 establishes the framework for emergency management within the state. This chapter grants the Governor broad powers to declare states of emergency, mobilize resources, and direct state agencies. Specifically, Section 37-17.2-04 outlines the powers of the Governor during a declared emergency, which includes the authority to suspend the operation of any statute, rule, or regulation, or any provisions thereof, if strict compliance would prevent, hinder, or delay necessary action in coping with the emergency. This suspension power is a critical tool for ensuring swift and effective response. It is not unlimited, however, as it must be reasonably related to the emergency at hand and cannot violate constitutional provisions. The intent is to provide flexibility to overcome obstacles that would otherwise impede the emergency response efforts, such as procurement rules, personnel deployment limitations, or operational procedures that are not adaptable to the crisis. The duration of such suspensions is also typically limited to the period of the declared emergency.

The North Dakota Century Code (NDCC) Chapter 37-17.2 outlines the powers and duties of the state director of emergency management and the governor during a declared emergency. Specifically, NDCC Section 37-17.2-05 grants the governor broad authority to utilize all available state resources, including personnel, equipment, and facilities, to respond to an emergency. This authority extends to the suspension of certain statutes, rules, and regulations that would impede an effective response, provided such suspension is necessary and directly related to the emergency. The statute also emphasizes the coordination of efforts with federal and local agencies. When considering the procurement of necessary supplies and services during an emergency, NDCC Section 37-17.2-06 allows for emergency procurement procedures, which may deviate from standard bidding requirements to expedite the acquisition of critical items. However, this deviation is intended to facilitate, not bypass, the acquisition of essential goods and services needed for public safety and welfare. The statute does not mandate the creation of a new, separate state agency for each emergency, nor does it limit the governor’s authority to the deployment of only National Guard assets. The governor’s inherent executive powers, bolstered by specific emergency management legislation, are the primary mechanisms for directing the state’s response. The key is the governor’s prerogative to direct and coordinate all state resources and actions, within legal bounds, to mitigate the effects of a declared emergency.

North Dakota Century Code (NDCC) Chapter 37-17.2, the North Dakota Emergency Management Act, outlines the framework for disaster response and recovery within the state. Specifically, NDCC § 37-17.2-04 details the powers and duties of the Governor during an emergency. This section grants the Governor broad authority to declare a state of emergency, activate emergency management plans, and direct the deployment of resources. It also specifies the Governor’s role in coordinating with federal, state, and local agencies. The Governor’s authority to suspend the enforcement of certain statutes, rules, and regulations is a critical component of this power, allowing for swift and flexible action during a crisis. This suspension power is not unlimited and is subject to constitutional and statutory limitations, but it is essential for overcoming obstacles that could impede effective response. The Act emphasizes the importance of a unified command structure and the delegation of authority to appropriate officials to ensure efficient management of emergency operations. The Governor’s ultimate responsibility for the safety and welfare of the state’s citizens during a declared emergency is the driving force behind these broad powers.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management and the adjutant general. This chapter grants broad authority to the governor, acting through the State Coordinator, to direct and coordinate emergency management activities. When a state of disaster emergency is declared, the governor can utilize all available state resources and personnel, and can also take over, direct, and control the mapping, coordinating, and utilization of all private property and services that are essential to the effective prosecution of the emergency. This includes the power to commandeer resources necessary for public safety and welfare during a declared emergency. The authority to direct and control private property is a significant power vested in the governor to ensure effective response and recovery efforts. This power is not absolute and is subject to constitutional limitations and due process, but within the framework of a declared disaster emergency, it is a key tool for managing catastrophic events. The other options are incorrect because while intergovernmental cooperation is vital, it does not grant direct authority over private property. The State Fire Marshal’s Office has specific responsibilities, but these do not supersede the governor’s emergency powers regarding private property. Similarly, the North Dakota National Guard’s role is supportive, but the ultimate authority for resource control during a declared emergency rests with the governor.

North Dakota Century Code Chapter 37-17.2, the North Dakota Emergency Management Act, outlines the framework for emergency management within the state. This act establishes the authority of the Governor to declare a state of emergency and delegate powers. It also details the responsibilities of state agencies and political subdivisions in preparing for, responding to, and recovering from emergencies. Specifically, Section 37-17.2-05 addresses the powers and duties of the Governor during an emergency, including the authority to suspend the operation of any statute, rule, or regulation, or any provision thereof, if strict compliance would prevent, hinder, or delay necessary action in coping with the emergency. This broad authority is essential for effective disaster response, allowing for swift and decisive action without being encumbered by pre-existing legal constraints that might be counterproductive in an urgent situation. The intent is to provide flexibility to address unforeseen circumstances and to implement measures that best protect public safety and welfare.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management and the responsibilities of political subdivisions during emergencies. This chapter establishes the framework for emergency management operations within the state. When a disaster or emergency is declared, the Governor, acting through the State Coordinator, has broad authority to direct and coordinate emergency management activities. This includes the power to utilize all available state and local resources, enter into mutual aid agreements with other states and federal agencies, and to take measures necessary to protect public health and safety. Furthermore, the law empowers the Governor to suspend the enforcement of any regulations or rules of state agencies that may hinder emergency response efforts. However, this authority is not absolute and must be exercised in accordance with constitutional and statutory limitations. The question probes the understanding of which entity has the primary authority to direct and coordinate emergency management activities in North Dakota when a state of emergency is declared, and how this authority is exercised. The legal basis for this authority stems from the legislative grant of power to the executive branch to manage crises effectively, ensuring a unified and efficient response. The State Coordinator, as the chief executive officer for emergency management, acts on behalf of the Governor in implementing these directives, coordinating the efforts of various state agencies and local governments to mitigate the effects of disasters and ensure public welfare. The legal framework prioritizes a centralized command and control structure during emergencies to avoid confusion and maximize the effectiveness of response operations, as stipulated in North Dakota’s emergency management statutes.

North Dakota Century Code Chapter 37-17.2, specifically regarding the State Emergency Management Act, outlines the powers and duties of the Governor and the Adjutant General during emergencies. The Governor, as the chief executive, retains ultimate authority over emergency management operations. The Adjutant General, serving as the Director of Emergency Management, is responsible for the operational aspects and coordination of emergency response activities under the Governor’s direction. This division of authority ensures that while the Adjutant General manages the day-to-day execution of emergency plans and resource deployment, the overarching policy decisions and the declaration of states of emergency remain with the Governor. This structure is crucial for maintaining clear lines of command and accountability during critical events, aligning with the principles of executive leadership in disaster management. The law empowers the Governor to utilize all available state resources and personnel, including the National Guard, to respond to emergencies, and to coordinate with federal and local authorities. The Adjutant General’s role is to facilitate these actions, develop plans, and manage the state’s emergency management agency.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the state director of emergency management and the governor during a declared emergency. When a state of disaster emergency is proclaimed by the governor, the state director, under the governor’s direction, is empowered to coordinate all emergency management activities. This includes the authority to utilize all available state resources, including personnel and equipment, to respond to the disaster. Furthermore, the law grants the governor broad authority to suspend the provisions of any state agency’s rules that would impede or delay emergency response efforts, provided such suspension is necessary to cope with the disaster. This suspension power is a critical aspect of ensuring swift and effective action. It does not, however, grant the state director the independent authority to supersede federal law or to unilaterally impose taxes or fees not previously authorized by the legislature. The primary focus is on coordinating existing resources and powers within the state framework, and adapting administrative procedures to meet the exigencies of the emergency. The authority to take “any other action necessary to protect the public peace, health, and safety” is broad but operates within the existing legal and constitutional framework of North Dakota and the United States.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the State Coordinator of Emergency Management. Section 37-17.1-04 grants the State Coordinator broad authority to develop, implement, and maintain comprehensive emergency management plans. This includes the power to coordinate the activities of all state agencies and political subdivisions involved in emergency management. Furthermore, the statute empowers the State Coordinator to enter into mutual aid agreements with other states and political subdivisions, which is crucial for resource sharing during large-scale disasters that may exceed local or state capabilities. The statute also addresses the establishment of an emergency management agency and its responsibilities. The question probes the specific authority granted to the State Coordinator regarding the development and implementation of state-level emergency management plans, which is a core function detailed within the relevant statutes. This involves understanding the legal framework that empowers the State Coordinator to create a unified and effective emergency response system across North Dakota, ensuring preparedness and mitigation efforts are systematically addressed.

The North Dakota Century Code (NDCC) Chapter 37-17.2 outlines the powers and duties of the state director of emergency management. Specifically, NDCC § 37-17.2-06 details the authority of the governor and, by delegation, the state director to issue executive orders and directives during a declared state of emergency. These powers are broad and are intended to allow for swift and effective response to catastrophic events. While the governor’s authority is paramount, the law also specifies mechanisms for cooperation and coordination with political subdivisions. NDCC § 37-17.2-05 mandates that political subdivisions establish local emergency management organizations and cooperate with state agencies. Furthermore, NDCC § 37-17.2-10 addresses the mutual aid agreements between political subdivisions and with neighboring states, emphasizing the need for coordinated efforts beyond local jurisdictional boundaries. The question probes the limits of the state director’s independent authority to impose restrictions on private property during a state of emergency, particularly when such actions might conflict with existing local ordinances or private property rights. The law grants significant powers, but these are typically exercised in support of or in coordination with broader state-level declarations and directives, often requiring the governor’s explicit authorization for extraordinary measures impacting private property rights. The state director’s authority is derived from the governor’s emergency powers, and while they can implement directives, the imposition of direct, unilateral restrictions on private property that fundamentally alter its use or access, without specific gubernatorial authorization or a clear statutory basis within the emergency powers framework, would exceed the delegated authority. The law emphasizes coordination and adherence to the overall emergency management plan, which includes respecting established legal frameworks and property rights as much as the emergency allows, and under the governor’s ultimate direction.

The North Dakota Century Code, specifically Chapter 37-17.2, outlines the powers and duties of the State Coordinator of Emergency Management and the State Disaster Emergency Services Council. Section 37-17.2-04 grants the Governor broad authority to declare a state of disaster emergency. This declaration is a prerequisite for accessing certain state and federal resources and implementing specific emergency management powers. The statute specifies that the Governor may declare a state of disaster emergency if the Governor finds that a disaster has occurred or that the threat of a disaster exists and that the ordinary resources of the state and local governments are insufficient to cope with the disaster. This declaration is not automatically triggered by any event but requires a formal finding by the Governor. The State Coordinator, while instrumental in advising the Governor and coordinating response, does not possess the independent authority to declare a state of disaster emergency; this power is vested solely in the Governor. The State Disaster Emergency Services Council provides advice and recommendations, but the declaration itself is an executive action. Therefore, the Governor’s declaration is the critical step that formally initiates the full scope of emergency management powers and resource mobilization under North Dakota law.

North Dakota Century Code (NDCC) Chapter 37-17.1 outlines the powers and duties of the State Coordinator of Emergency Management and the State Disaster Emergency Services Council. Specifically, NDCC § 37-17.1-05 details the powers of the Governor during a declared state of disaster emergency. This section grants the Governor broad authority to utilize all available resources of the state government and its political subdivisions, including the National Guard, to respond to the emergency. It also allows for the suspension of certain statutes, rules, and regulations that would hinder an effective response. The question hinges on understanding the scope of executive authority granted to the Governor under North Dakota law during a declared disaster emergency, particularly concerning the mobilization and deployment of state resources and the potential for regulatory flexibility. The Governor’s authority is not limited to requesting federal aid; it encompasses directing state agencies and personnel, coordinating inter-agency efforts, and implementing measures necessary for public safety and welfare, which can include temporary modifications to existing operational procedures or regulations if explicitly authorized by the statute for the duration of the emergency. The ability to leverage the National Guard for state active duty is a key component of this authority.

The North Dakota Century Code, specifically Chapter 37-17.1, outlines the powers and duties of the Governor and the State Emergency Management Council during emergencies. The Governor, as the chief executive, has the ultimate authority to declare a state of emergency, which triggers specific legal provisions for resource allocation, coordination, and the suspension of certain regulations to facilitate response and recovery efforts. This authority is not delegated to the State Emergency Management Council, which serves in an advisory and coordinating capacity. The council’s role is to assist the Governor by developing plans, recommending policies, and coordinating the activities of various state agencies and political subdivisions. While the council plays a crucial role in preparedness and mitigation, the legal power to initiate emergency actions through a declaration rests solely with the Governor. Therefore, in a situation requiring immediate executive action and the formal declaration of a state of emergency under North Dakota law, the Governor is the designated authority.