North Dakota Administrative Code

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…

1. If an applicant wishes to make a change to the applicant's application after the application has been submitted to the department and without an identified deficiency by the department, the applicant shall withdraw the application and submit a new application. 2. The applicant…

1. If the department needs further information or support materials from the applicant during the department review, the department review shall cease and the applicant must be notified in writing of the department's need for information or additional support materials. 2. The ap…

In unique or complex situations, the department and applicant may agree to suspend the ninety-day timeline requirements detailed in this chapter. History: Effective April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-16.1-38

The receipt of a permit, including a permit for emergency construction, does not relieve an applicant from liability resulting from any activity conducted under the permit. History: Effective June 1, 1998; amended effective January 1, 2015. General Authority: NDCC 61-03-13 3 Law …

Construction may not begin until a construction permit is obtained. Construction must be completed and the department must be notified of completion in writing within the period specified by the department on the permit, beginning from the date of final permit approval. The compl…

If the completion period expires before construction is complete, the permit recipient may make a written request to the department for a one-year extension. Only two extensions may be granted. All requests for extensions must be made at least sixty days before the permit expirat…

A completed application for an emergency construction permit must be submitted to the department along with any additional information required by the department. If the director determines an emergency exists, the director may issue an emergency construction permit to construct …

The applicant must submit a written request for an extension at least thirty days before the expiration of the emergency construction permit. If it is determined that an emergency still exists, the director may issue a one-time, six-month extension to the permit's expiration date…

Once the emergency has ended or upon permit expiration, whichever occurs first, all structures constructed under section 89-08-02-04 must be removed in their entirety and the disturbed area restored to preproject conditions. The applicant must notify the department in writing whe…

As a condition on all construction permits, the owner of the dam, dike, or other device will provide the department with "as built" plans within six months after the dam, dike, or other device has been constructed to provide details of the modifications that occurred during const…

A medium-hazard or high-hazard dam owner shall submit an operation and maintenance manual for the dam and the appurtenant works to the department. The manual must be maintained and updated on a regular basis, and copies of all updates must be submitted to the department. Dam owne…

in height. To protect property and assure safety, the following are conditions to all construction permits for dams over ten feet [3.05 meters] in height: 1. An engineer must be in charge of and responsible for inspections during construction. 2. Inspections during construction m…

The department may monitor any dam, dike, or other device during construction to ensure conformity with the construction permit and the plans and specifications. History: Effective November 1, 1989; amended effective January 1, 2023. General Authority: NDCC 61-03-13 Law Implement…

If the director determines changes in construction are necessary to ensure safety, the director may order the appropriate changes and may order construction be stopped until the changes are made. History: Effective November 1, 1989; amended effective January 1, 2015; January 1, 2…

1. Upon receipt of a written complaint that a dam, dike, or other device is unsafe because of its construction, maintenance, or operation, the department will examine the available information and determine if the complaint is justified. 1 2. If the department determines the comp…

The department may require inspection of a dam, dike, or other device as often as necessary after construction to protect property and assure safety. History: Effective November 1, 1989; amended effective January 1, 2015; January 1, 2023. General Authority: NDCC 61-03-13 Law Impl…

Repealed effective January 1, 2015.

The department has authority to enter upon land to inspect a dam during construction, conduct periodic dam inspections after construction, or conduct a dam inspection in response to a complaint that the dam is unsafe. Except in emergency situations as determined by the director, …

These rules are adopted and promulgated by the department under North Dakota Century Code chapter 61-33 to provide consistency in the administration and management of sovereign lands. These rules do not apply to the state of North Dakota's interests in oil, gas, and related hydro…

Sovereign lands may not be permanently relinquished, but must be held in perpetual trust for the benefit of the citizens of the state of North Dakota. All structures permitted or otherwise allowed for private use on sovereign lands are subordinate to public use and values. Histor…

The following definitions apply to this article: 1. "Authorization" means a permit, easement, lease, or management agreement approved and granted by the department after application; and the authority granted in sections 89-10-01-10 and 89-10-01-19. 2. "Boardwalk" means a walk co…

Each project requires an authorization from the department before construction or operation, except as otherwise provided by these rules. Any department authorization may be modified at the department's discretion. History: Effective November 1, 1989; amended effective August 1, …

Applications for authorization must be on forms prescribed by the department. History: Effective November 1, 1989; amended effective July 1, 2014; January 1, 2023. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-33-02, 61-33-05

Upon receipt of a completed application, the department shall initiate a review as follows: 1. Comments must be requested from the following entities: a. The state game and fish department; b. The department of environmental quality; c. The state historical society; d. The state …

Unless specifically excluded by the director or the hearing officer, the record in each sovereign land permit application proceeding or adjudicative proceeding under North Dakota Century Code chapter 28-32 includes the following: 1. United States department of agriculture natural…

An information-gathering public meeting may be held by the department before final action on a project. The procedure for notice and meeting must be as follows: 1. The department must publish a notice of meeting in the official newspaper for each county where the project is locat…

The department may grant, deny, or condition any permit application. In deciding what action to take on a permit application, the department shall consider the potential effects of the proposed project on the following: 1. Riparian owner's correlative rights of use; 4 2. Recreati…

1. The department may issue temporary sovereign lands permits for proposed projects less than twelve months in duration, which do not include permanent ground disturbing activities. Temporary sovereign lands permits may not be subject to section 89-10-01-06 or 89-10-01-07. Tempor…

Repealed effective July 1, 2014.

The following projects do not require a permit: 1. Boat docks, if all of the following conditions are satisfied: a. They are constructed, operated, and maintained by the riparian owner for personal use; 5 b. The dock is used only for embarkation, debarkation, moorage of watercraf…

Boat docks and water intakes not meeting the criteria in section 89-10-01-10 require a permit from the department. Any person who violates this section shall pay a fee not to exceed three hundred fifty dollars per day. The dock is subject to removal at the dock owner's expense. H…

Boat docks that do not require a permit under this chapter and that are located on the Missouri River between the Oliver and Morton County line (river mile 1328.28) and Lake Oahe wildlife management area (river mile 1303.5) must be registered with the department before placement …

1. Except as otherwise provided in this chapter, the construction or moorage of a structure is prohibited on sovereign lands. If a structure is prohibited, the department: a. Shall issue an order to the structure owner identifying the action required to modify or remove the struc…

The public may use sovereign lands for recreational purposes except as otherwise provided by these rules or by signage posted by the department. History: Effective November 1, 1989; amended effective April 1, 2008; April 1, 2009; January 1, 2023. General Authority: NDCC 61-03-13 …

1. The use of motorized vehicles on sovereign lands is prohibited, except: a. If on government-established trails that have been permitted by the department; 7 b. If on sovereign lands immediately adjacent to the Kimball Bottoms off-road riding area located in the south half of s…

The director may cancel any authorization granted under these rules. Cancellation does not release the grantee from any liability. If an applicant is named in an active enforcement action ordered by the department, the department may hold any application submitted by the applican…

The grantee may terminate any authorization by notifying the department in writing, paying all fees or other money owed to the state, and reclaiming the site under section 89-10-01-18. 8 History: Effective November 1, 1989; amended effective July 1, 2014; January 1, 2023. General…

Any authorization granted under these regulations may only be assigned with the written consent of the department. History: Effective November 1, 1989; amended effective July 1, 2014; January 1, 2023. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-33-02, 61-33-05

The department may inspect all projects on sovereign lands and enter upon a grantee's land during normal working hours to carry out the inspection. History: Effective November 1, 1989; amended effective August 1, 1994; April 1, 2009; January 1, 2023. General Authority: NDCC 61-03…

After cancellation, termination, abandonment, or expiration of an authorization, grantee must reclaim the project location within one hundred twenty days. If the permit is for mining, reclamation must be within sixty days after the lease expires or the mining is complete. Upon wr…

Maintenance or repair of authorized projects does not require additional authorization provided the work is in conformance with the original authorization, standards, and specifications provided in this article and the work does not alter the use or size of the project. History: …

The department may enter agreements for management of areas of high public value. Examples include parks, beaches, public access points, nondevelopment areas, and wildlife management areas. History: Effective November 1, 1989; amended effective July 1, 2014; January 1, 2023. Gene…

Organized group activities that are publicly advertised or are attended by more than twenty-five people are prohibited on sovereign lands without a permit. A person who violates this section is guilty of a noncriminal offense and shall pay a fee not to exceed three hundred fifty …