North Dakota Administrative Code

Glass containers are prohibited on sovereign lands. A person who violates this section is guilty of a noncriminal offense and shall pay a fee not to exceed one hundred fifty dollars per occurrence. History: Effective April 1, 2009; amended effective July 1, 2014; April 1, 2026. G…

Abandonment of vehicles or other personal property is prohibited on sovereign lands. If applicable, the department shall facilitate removal of any such property. The property owner shall pay a fee not to exceed three hundred fifty dollars, and the department may assess removal co…

Use of firearms on sovereign lands is allowed except in a reckless and indiscriminate manner or as otherwise posted by the state at public entry points. Tracer rounds or exploding targets are prohibited. A person who violates this section is guilty of a noncriminal offense and sh…

Construction of a permanent tree stand or permanent steps to a tree stand is prohibited on sovereign lands. Portable tree stands, portable steps, screw-in steps, natural tree stands, and portable ground blinds may be used. Portable tree stands, blinds, game cameras, or traps are …

Except as otherwise provided in this chapter, placing or using bait to attract, lure, feed, or habituate wildlife to a bait location for any purpose is prohibited on sovereign lands. Bait includes grains, minerals, salt, fruits, vegetables, hay, or any other natural or manufactur…

1. Unless permitted by the department, dredging or filling on sovereign lands is prohibited. If prohibited dredging or filling occurs, the department: a. Shall issue an order to the violator identifying the action required to restore the sovereign lands and a date by which the or…

1. "Commission" is defined in North Dakota Century Code section 61-02-02. 2. "Department" is defined in North Dakota Century Code section 61-03-01.2. 3. "Livestock producer" means an individual who breeds or raises livestock or operates a dairy farm, who normally devotes the majo…

Funds will only be disbursed for water supply projects in counties that the governor has declared to be a drought disaster area for purposes of this program. The commission will determine the program's beginning and end dates. History: Effective July 1, 1992; amended effective Ap…

1. The applicant must be a livestock producer with livestock water supply problems caused by drought. 2. The applicant must receive department approval for a water supply project. A water supply project completed before the program activation date is not eligible. History: Effect…

1. The commission shall provide funds for the program to the extent funding is available. Priority must be based on earliest completed application date. 2. Cost-share assistance may only be used for water supply projects that will provide a solution to a drought-related water sup…

The following projects are not eligible for program funding: 1. Existing well rehabilitation. 2. A water supply project on federal land, state land, or land outside North Dakota. 3. A dry hole drilled in an attempt to construct a water well or locate a water source. 4. Stock dam …

1. Requests for assistance must be on a commission form and include: a. An area map indicating the proposed water supply project location. b. A proposed water supply project cost estimate. c. Verification the applicant is a livestock producer. 2. The department shall review appli…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Commission" is defined in North Dakota Century Code section 61-02-02. 2. "Department" is defined in North Dakota Century Code section 61-03-01.2. 3. "Design and construction" means preparation o…

1. Design and construction activities for the following types of projects are eligible for financial assistance from program funds: a. New ground water wells including mechanical and electrical components. b. Pipelines from water sources to public water systems and principal supp…

1. To be considered for program funds, the project sponsor must submit an application to the department and Garrison Diversion that includes: a. Information explaining the need for the project, including its objectives and benefits. b. The area to be served by the project. c. A p…

Repealed effective January 1, 2015.

requirements. Repealed effective January 1, 2015.

1. A project sponsor requesting design or construction funding must submit a feasibility study to the department. 2. For projects that deliver Missouri River water to the Hudson Bay drainage area, a determination must be made that treatment will be provided to meet requirements o…

Repealed effective January 1, 2015.

1. The commission may evaluate each eligible project based on the following criteria: a. Need for improving water supply quantity or quality problems. 3 b. Local contribution to project funding. c. Location of project. d. Ability to pay. e. Economic development. f. Water conserva…

Repealed effective January 1, 2015.

Repealed effective January 1, 2015. 4

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Agreement of intent" means an agreement between the entity operating or desiring to operate a distribution system and the state water commission, whereby the entity agrees to consider entering i…

The purpose of the project is to ensure a dependable, long-term supply of good water to users of existing and planned distribution systems in northwestern North Dakota that have entered into a water service agreement with the state water commission. The support of existing rural …

1. Any distribution system or portion of a distribution system may enter into an agreement of intent or a water service agreement except for: a. A distribution system, or portion thereof, that received water from a rural water association, city, or other distribution system in th…

Except as provided in section 89-14-01-06, all highways constructed or reconstructed by the department of transportation, board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or by any individual, firm, corporation, or limite…

1. "Constructed" means to construct a new highway on a new location or corridor. 2. "Highway, street, or road" is defined in North Dakota Century Code section 24-01-01.1. 3. "Reconstructed" means to regrade, add a lane adjacent to the existing alignment, or do full depth road sur…

The following table provides the minimum design standard recurrence interval of the event for which each type of stream crossing must be designed. Nothing contained in this chapter is intended to restrict an entity from providing greater capacity. 1 State Highway System County Ur…

All stream crossings must comply with applicable floodplain regulations and regulatory floodway requirements per North Dakota Century Code chapter 61-16.2. If a stream crossing is being replaced and buildings or structures are located upstream from the crossing, the stream crossi…

The allowable maximum headwater when passing the design discharge must be measured from the bottom of the channel. For arch pipes, the maximum allowable headwater must be based on the rise of the pipe, and the pipe size category must be the equivalent round pipe size. For multipl…

The board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or any individual, firm, corporation, or limited liability company may deviate from the standards contained in this chapter if the deviation is approved in writing by t…

Unless the context otherwise requires, the following definitions apply: 1. "Artificial watercourse" means a watercourse that was formed by artificial construction but maintained by natural causes, such as a natural watercourse that is straightened but still receives the same cont…

The department shall use the following criteria if reviewing a watercourse determination. No one criteria alone may constitute a watercourse, but rather a comprehensive review of the criteria provides the information necessary for a watercourse determination. 1. Sufficient natura…

Data or information to be utilized includes the following: 1. Relevant and readily available aerial photography. 2. Mapping products including United States geological survey quads, LiDAR data, general land office notes, and existing surveys. 3. Information collected or observed …

Requests to review a watercourse determination must be received by the department within thirty days after the determination was made by the state agency or political subdivision of the state. The department's decision is final and subject to appeal under North Dakota Century Cod…

Unless the context otherwise requires, the following definitions apply to this article: 1. "Continuing education" means accredited educational experience derived from participation in approved lectures, seminars, or correspondence courses. 2. "Department" is defined in North Dako…

Repealed effective October 1, 2024.

Coursework may be provided by: 1. The national ground water association; 2. The North Dakota well drillers association; 3. The department of environmental quality; 4. The department of water resources; or 5. Any department-approved course provider. History: Effective May 1, 2002;…

A continuing education course must be preapproved by the department unless otherwise provided by law. History: Effective May 1, 2002; amended effective October 1, 2024;April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-03-01.3

The continuing education course provider or licenseholder shall request continuing education coursework preapproval by submitting to the department a course outline; the instructor's name; the training duration; and an explanation of how the training relates to water well, pump a…

A licenseholder may request continuing education approval that was not preapproved by submitting to the department attendance verification; a course outline; the instructor's name; the training duration; an explanation of how the training relates to water well, pump and pitless u…

Each licenseholder shall earn department-approved continuing education hours every two-year reporting cycle to qualify for license renewal. A water well contractor, geothermal system installer, or monitoring well contractor shall earn at least six hours and a pump and pitless uni…

Repealed effective October 1, 2024.

A licenseholder who fails to complete the required department-approved continuing education hours during the reporting period is not eligible for license renewal. The individual may complete the required hours by March thirty-first of the following year and be eligible for licens…

The department shall arrange for an examination to be prepared for. If the department finds the proposed examination fairly tests the skills and knowledge needed to be a licenseholder, it shall approve such examination and order its use. The examination may be modified from time …

The examination must be given, supervised, and corrected by a department-appointed representative. History: Amended effective May 1, 2002; October 1, 2024; April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-03-01.3

The department shall administer an examination to persons desiring to become licensed as licenseholders or geothermal system drillers. The department shall give no less than ten days' written notice to each applicant of the time and place of such examination. The department shall…

The examination to become a licenseholder must be given four times each year, during February, May, August, and November. The exact date must be announced at least thirty days before the examination. History: Amended effective May 1, 2002; October 1, 2024; April 1, 2026. General …

The examination must be given in the office of the department or in Bismarck, North Dakota. History: Amended effective May 1, 2002; October 1, 2024; April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-03-01.3

An applicant may spend up to four hours writing the examination. No books, charts, tables, notes, or other guidance may be used. A minimum score of seventy percent is required to pass the examination. History: Amended effective October 1, 2024; April 1, 2026. General Authority: N…