North Dakota Administrative Code

Unless the context otherwise requires, the following definitions apply: 1. "Board of commissioners" means the board of commissioners of a water management district. 2. "Boundary rivers" means the Red River of the North and the Bois de Sioux River as they form a natural boundary b…

The provisions of this chapter shall be severable, and the invalidity of any section or subsection shall not make void any other section or subsection, or any other part. 2 History: Effective August 1, 1980. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-16.1-38…

1. Dikes shall be constructed so as not to cause an increase in the elevation of floodwaters which will result in an unreasonable increase in flood damages due to the displacement of floodwaters. However, in no event shall dikes, based on total encroachment, increase the elevatio…

The department shall provide the discharges and corresponding elevations of various frequency floods (and other available flood data), in relation to known historic floods, for use in dike design. History: Effective August 1, 1980; amended effective January 1, 2023. General Autho…

Dikes shall not be constructed across tributaries to the Red River and the Bois de Sioux River without proper authorization from the appropriate agency. Dike setbacks along tributary waterways to the Red River and the Bois de Sioux River, within the area defined in section 89-05-…

Within an existing dike system, ring dikes around individual farmsteads shall not require permits if they do not include tiebacks to existing roadways or dikes. Ring dikes with tiebacks shall be considered part of the overall dike system and will be required to secure diking perm…

All applications submitted by the owner to construct, to relocate, rebuild, or alter dikes shall be made on forms provided by the department and shall be accompanied by two complete sets of plans or specifications. Such plans and specifications shall include the following: 1. A g…

Joint permit applications involving two or more landowners or a permit application on behalf of two or more landowners will be accepted by the department. These permit applications, taken together, must meet the requirements of this chapter. History: Effective August 1, 1980; ame…

Within forty-five days after the receipt of a permit application, the department shall make recommendations and suggestions concerning the propriety and efficiency of the proposal to the water resource district within which the contemplated project is located. The water resource …

Dike permits will be issued only upon concurrent approval of the director and the appropriate water resource district. Approval of the permit will in no way relieve the owner from damages which may be caused or created by construction of the dikes. History: Effective August 1, 19…

A copy of each application and accompanying information for a permit shall be forwarded by the department to the department of natural resources of Minnesota for comment and recommendation before final approval is granted. If comments are not received within thirty days, the depa…

The applicant shall provide certification by a registered land surveyor, engineer, or other qualified person or agency that the finished dike elevations are not higher than those approved by the director. The permit will be revoked for failure to provide this certification. The p…

Reconstruction or rebuilding of any authorized dikes shall require notification to the department and recertification upon completion in accordance with section 89-05-01-14. History: Effective August 1, 1980; amended effective January 1, 2023. General Authority: NDCC 61-03-13 Law…

Under special circumstances, exceptions to the dike criteria may be authorized on an individual basis but they must have the concurrent approval of the director, local water resource board in North 5 Dakota, Minnesota department of natural resources, and local watershed district …

This chapter applies to all unauthorized dikes constructed in the past for the protection of those agricultural lands located within the floodplains of the Red River of the North and the Bois de Sioux, as defined in section 89-05-01-02. Exceptions are farmstead dikes which meet t…

The following definitions apply to this article: 1. "Applicant" means the party submitting a proposal. 2. "Commission" is defined in North Dakota Century Code section 61-02-02. 3. "Department" is defined in North Dakota Century Code section 61-03-01.2. 4. "Proposal" means an appl…

The commission will make an initial review of a proposal to decide whether the project or study is eligible for funding from the resources trust fund. 1. Information required for the review of the project or study. An applicant must submit, as applicable: a. A description of the …

Repealed effective July 1, 2014. 2

This chapter applies to any weather modification operations conducted in North Dakota. This chapter must be applied in conjunction with North Dakota Century Code chapter 61-04.1. History: Effective November 1, 1988; amended effective July 1, 2014; April 1, 2026. General Authority…

The following definitions apply to this chapter and North Dakota Century Code chapter 61-04.1: 1. "Applicant" means any person who applies for a professional weather modification license or permit. 2. "Department" is defined in North Dakota Century Code section 61-03-01.2. 3. "Li…

Repealed effective April 1, 2026.

A person intending to conduct exempt activities under North Dakota Century Code section 61-04.1-12 shall furnish notice of such intention to the department at least thirty days before the time such activities are to begin. Notice must consist of the following information and such…

Weather modification activity intended to be conducted under North Dakota Century Code section 61-04.1-12 may not begin without approval of the department, if the activity is to be conducted outside with weather modification apparatus. The department may only approve activities t…

A person intending to conduct operations in the state shall designate to the department, on forms furnished by the department, at least one natural person who must at all times be physically present during all operations for which a permit is required and who is the contractor's …

1. The competence of any applicant to engage in weather modification operations must be demonstrated to the department under North Dakota Century Code section 61-04.1-14. Applicants shall show that any natural person designated by the applicant who will be in the full-time employ…

An applicant for a license shall apply to the department on forms furnished by the department. The forms may require relevant information about the knowledge and experience of the applicant and the natural person designated under section 89-07-02-06 and must include: 1. Education…

The department shall evaluate the applications, including responses from any references given by the applicant. On the basis of all information the department, within thirty days of receipt of an application, shall determine whether the natural person designated by the license ap…

Forty-five days before expiration of licenses, the department shall provide license application forms to all licensees and request each licensee to complete the form and file the original with the department. The department shall evaluate the available data about the licensee and…

The natural person designated by the license applicant under section 89-07-02-06 is deemed by the department to be in control of and primarily responsible for operations conducted under the terms of any permit. However, nothing in this section may be construed to prevent appropri…

In addition to the reasons cited in North Dakota Century Code section 61-04.1-15, the department may suspend, revoke, or refuse to renew a license for violation of any permit. History: Effective November 1, 1988; amended effective July 1, 2014; April 1, 2026. General Authority: N…

At any time after the suspension or revocation of a license or after refusal to renew a license, the department may restore the license to the licensee or renew it upon a finding that the licensee has met the requirements for issuance of an original license. History: Effective No…

Application for a weather modification permit must be made on forms furnished by the department. Every applicant must submit a properly executed application to the department. The application may contain information the department deems necessary, and must include the following i…

1. The department shall give notice of its consideration of an application under North Dakota Century Code section 61-04.1-17. Notice must be given once a week for two consecutive weeks. The notice must: a. Describe the primary target area. b. Describe the operations area. c. Spe…

A permit must set forth the permit number, effective period of the permit, name of the permittee, name of the licensee and the license number, location of the operation, and other information, terms, or conditions the department deems appropriate. History: Effective November 1, 1…

The department may attach conditions to any permit as it deems appropriate, including any conditions concerning method and time of operation, target and operation areas, safety precautions, and recordkeeping. Permittee shall submit an operations plan that includes the types of se…

Permits that have expired under North Dakota Century Code section 61-04.1-16 are nonrenewable. History: Effective November 1, 1988; amended effective July 1, 2014; April 1, 2026. General Authority: NDCC 61-03-13, 61-04.1-08 Law Implemented: NDCC 61-04.1-11, 61-04.1-16

In addition to the reasons cited in North Dakota Century Code section 61-04.1-18, the department may suspend, revoke, or modify any permit or any provision or condition of a permit if it appears to the department the permittee has violated the North Dakota Century Code or the ter…

A permit issued under this chapter is automatically suspended if the person's weather modification license expires or is suspended, revoked, or not renewed by the department. In the case of a permit issued to a corporation, partnership, or other business association, if the natur…

At any time after the suspension, revocation, or modification of a permit, the department may restore it to the permittee or delete any modification of the permit upon a finding that the requirements for issuance of an original permit have been met by the permittee or that the co…

Proof of financial responsibility is made by showing to the satisfaction of the department that the permittee has the ability to respond to liability that might reasonably result from the operation for which the permit is sought. Proof of financial responsibility may be shown by …

1. A permittee shall retain a daily log of weather modification activities for each unit of weather modification apparatus used during an operation, including: a. Date of the weather modification activity. b. Each aircraft flight track and location of each radar unit during each …

1. Within sixty days after final completion of any operation, each permittee shall file with the department a final report on the operation that must include: a. Copies of the daily logs prepared under subsection 1 of section 89-07-02-23, copies of the monthly totals for the enti…

Repealed effective July 1, 2014.

1. A bid may be rejected by the department on the basis of technical inadequacy or other failure to comply with the specifications included in the request for bids. 2. Before the department awards any contract, it shall require the contractor to furnish a surety bond for the fait…

The following definitions apply in this article: 1. "Agricultural dike" means a dike capable of protecting land used for agriculture or similar purposes. 2. "Appurtenant works" means all works incident or attached to a dam, dike, or other device, including: a. A spillway, either …

Repealed effective January 1, 2015. 2

1. The impounding capacity of a dam is calculated based upon the elevation at the top of dam. Storage below the existing adjacent ground surface is generally excluded from the capacity of a holding pond, lagoon, or dugout. 2. The area protected by a dike is calculated based upon …

The provisions of North Dakota Century Code section 61-16.1-38 do not apply to the following works with the sole intent to provide an opening to permit water flow: 1. Highway, street, or road stream-crossings; 2. Private driveway culverts; 3. Approach-crossing culverts or bridges…

1. The department has up to forty-five days to complete an initial review of the application and its contents. The initial review must determine what type of construction permit is required and if the application is complete. 2. The following information is required by the depart…

1. The department shall begin its department review upon receipt of the board's suggested changes, conditions, or modifications to the application. If the board fails to send suggested changes, conditions, or modifications to the department within forty-five days, the board is de…