North Dakota Administrative Code

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016. 5

The following air traffic rules, orders, regulations, procedures, knowledge of agricultural chemicals, and minimum standards governing aerial application are necessary for the public safety, the safety of those engaged in such activities, and for protection of property, are adopt…

As used in this chapter, unless otherwise required: 1. "Bona fide lease" means a lease whereby the lessee has a reasonable interest in the land under lease for a period not less than the current growing, grazing, or harvesting season. 2. "Chief pilot" means an individual, who mee…

No person may engage in the activity or business of aerial application without first obtaining an aerial applicator's license from the North Dakota aeronautics commission. The application for an aerial applicator's license shall include a fee as established by the commission and …

North Dakota aerial applicator's license shall be presented for inspection upon request of any authorized representative of the state of North Dakota or of the federal government or municipal official charged with the duty of enforcing local, state, or federal laws or regulations…

The following qualifications and requirements are applicable to aerial application using a manned aircraft: 1. General. The following rules and regulations relating to pilot experiences and skill have been adopted in the interest of the pilot and public safety and the general pub…

For the safety and protection of persons and property, each operator of a business engaged in aerial application must receive the information provided by the annual aerial applicator safety meeting or attend approved training by the North Dakota aeronautics commission. A chief pi…

The following qualifications and requirements are applicable to aerial application using an unmanned aircraft: 1. General. The following rules and regulations relating to the use of unmanned aircraft for aerial application have been adopted in the interest of public safety and pu…

administration license. Repealed effective April 1, 2016.

land farmed under a bona fide lease. A private pilot operating a manned aircraft with a valid federal aviation administration private pilot's rating, federal aviation administration part 137 certificate, and an air/ground core pesticide certification from the North Dakota state u…

Repealed effective July 1, 2022.

Repealed effective June 1, 2002.

1. Registration. All aircraft operated in aerial application requiring a North Dakota aerial applicator's license shall be registered with the North Dakota aeronautics commission prior to actual use of the aircraft in this state and prior to the issuance of an aerial applicator's…

Repealed effective April 1, 2016. 5

No aerial applicator shall conduct aerial application on or over farm lands adjoining or adjacent to turkey farms unless the applicator has coordinated the aerial application with the owner or operator of the turkey farm and with the farmer for which the aerial application is to …

The operator, owner, manager, pilot, or supervisor in charge of the aerial application shall maintain a record of each aerial application job which must be available to officials of the aeronautics commission on demand. Copies of such reports must be kept by the licensee for a pe…

Evidence of prior unsettled claims or unsatisfied judgments for damages resulting from aerial application operations may be just cause for denial of a state aerial applicator's license or revocation of an existing license, provided that the aeronautics commission may, at its disc…

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

Repealed effective April 1, 2016. 6

Repealed effective April 1, 2016.

The North Dakota aeronautics commission or its duly appointed director reserves the right to revoke or refuse to issue a state-issued aerial applicator's license for just cause, or for violation of any rule, regulation, procedure, or standard set forth in this chapter after a hea…

Any person violating a provision of this section is guilty of a class B misdemeanor. History: Amended effective April 1, 2016. General Authority: NDCC 2-05-18 Law Implemented: NDCC 2-05-18, 2-05-19, 2-05-20 7

1. "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been ap…

Obstructions to air navigation are prohibited. The following rules, criteria, regulations, and minimum standards governing the construction or maintenance of hazards or obstructions near runway approaches to any airport that is open for public use in North Dakota, whether publicl…

This part establishes standards for determining obstructions to air navigation. It applies to existing and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing public airports. Additiona…

The following airport imaginary surfaces are established with relation to the airport and to each runway. The size of each imaginary surface is based on the classification of each runway and the type of approach available or planned for that runway. Refer to Exhibit A for a table…

In accordance with North Dakota Century Code section 2-03-13, failure to comply with this section constitutes a class A misdemeanor. History: Effective April 1, 2016. General Authority: NDCC 2-03-12 Law Implemented: NDCC 2-03-12 4 EXHIBIT A Dimensional Standards (Feet) Visual Run…

Public airports in North Dakota may be provided financial assistance from the aeronautics commission for airport improvement projects in accordance with the policies and guidelines established by the commission. History: Effective April 1, 2016. General Authority: NDCC 2-05-06.5 …

Any person, or governing body operating a current or planned public airport may apply for grants from the aeronautics commission for funding of airport project costs. History: Effective April 1, 2016. General Authority: NDCC 2-05-06.5 Law Implemented: NDCC 2-05-06.5

1. The applicant shall complete an application form and submit it to the aeronautics commission by the deadline established by the commission. 2. The applicant may amend its application at any time before the application deadline. After the application deadline, the applicant may…

All applications will be evaluated based on criteria established by the aeronautics commission. History: Effective April 1, 2016. General Authority: NDCC 2-05-06.5 Law Implemented: NDCC 2-05-06.5 1

The following process will be used to review applications submitted to the commission. 1. Upon receipt of an application, the commission staff shall determine whether the application is complete and meets the eligibility requirements. 2. The commission staff shall review complete…

The commission shall notify applicants of the final grant awards following the annual state grant meeting. History: Effective April 1, 2016. General Authority: NDCC 2-05-06.5 Law Implemented: NDCC 2-05-06.5

Each applicant who is awarded a grant must certify to the commission that: 1. Funds must be used for the stated purpose. 2. At the completion of a project, any remaining balance in the allocated state grant must be returned to the commission. 3. The applicant will comply with all…

Supplemental requests, contingency items of a previous grant, or requests in response to an emergency may be considered throughout the year. The applicant shall provide supportive documentation to justify the request. 2 History: Effective April 1, 2016. General Authority: NDCC 2-…

The registration of apiaries required under North Dakota Century Code section 4.1-16-08 must be submitted at the same time as a license application. History: Effective July 1, 2019. General Authority: NDCC 28-32-02 Law Implemented: NDCC 4.1-16-02

Each beekeeper or beekeeper's agent will be notified by receiving a summary of the inspection report of any violation found in the apiary at the time of inspection. It is the beekeeper's responsibility to comply with the recommended procedures for correcting the violation. Histor…

As used in this article, unless the context requires otherwise: 1. “Commissioner” means the North Dakota agriculture commissioner or the North Dakota agriculture commissioner’s designee or representative. 2. “Environmental protection agency” means the United States environmental …

All samplers, milk haulers, and testers must have a license from the commissioner. All applicants for a sampler and tester license must successfully complete an examination conducted by a certified individual employed by the commissioner or the state department of health, or othe…

To be relicensed, samplers, milk haulers, and testers must hold a current license and take any examinations or retraining the commissioner requires. History: Effective October 1, 2009. General Authority: NDCC 4.1-25-50 Law Implemented: NDCC 4.1-25-22, 4.1-25-35

Repealed effective April 1, 2026. 1

A tester analyzes milk for components, quality, microbiological, or drug residues for the purposes of determining the value or grade of the milk. All tests performed by testers must conform with the requirements in the standard methods. The results of such tests must be retained …