North Dakota Administrative Code

1. Before any testhole is abandoned, all of the cuttings possible must be returned to the testhole, and it must be plugged in a manner to prevent the intrusion of any foreign material. Cuttings not returned to the hole must be spread at the surface, if approved by the landowner, …

1. If a testhole to be plugged may be used safely as a freshwater well and such utilization is desired by the landowner, the testhole need not be filled above a sealing plug set below the freshwater aquifer provided written authority and assumption of liability for the use and pl…

1. The state geologist or the state geologist's representative shall have access to all drilling or exploration sites, mines, and processing facilities regulated under this chapter for the purpose of inspection and sampling. The state geologist may require the aid of the permitho…

1. Basic data developed by or for the person conducting critical mineral exploration or evaluation, consisting of testhole locations; testhole elevations; total depths; driller's logs; radioactivity, resistivity, or other types of electrical or mechanical logs; laboratory analyse…

1. Quarterly progress reports listing locations of testholes completed and plugged must be filed by the twenty-fifth day of January, April, July, and October by all permitholders. If no drilling occurred during the quarter, a report so stating must be filed. 2. Completion reports…

1. On or before the first day of the second month succeeding the month in which production occurs, the operator of a processing facility shall file with the state geologist a report containing the following information: a. The volume of coal that is processed; b. The volume and c…

If two or more separately owned tracts are embraced within a mined area, or if there are separately owned interests in all or a part of the mined area, the critical minerals must be commingled by the operator for the purpose of allocating production and payment of royalties. Each…

Upon receipt of a written complaint from a surface owner or lessee; royalty owner; mineral owner; or local, state, or federal official alleging a violation of the subsurface mineral conservation statutes or a rule, regulation, or order of the commission, the director shall reply …

This chapter may not be taken or construed to limit or restrict the authority of the commission to require the furnishing of additional reports, data, or other information relative to exploration, production, or processing as may appear to be necessary or desirable, generally or …

All producers within North Dakota shall make and keep appropriate books and records for a period not less than six years covering their operations in North Dakota from which they may be able to make and substantiate the reports required by this chapter. History: Effective July 1,…

In any proceeding instituted upon application, the application must be signed by the applicant or by the applicant's attorney. An application shall state: 1. The name and general description of the common source or sources of supply affected by the order, rule, or regulation soug…

1. Except as more specifically provided in North Dakota Century Code section 38-12-04, the rules of procedure established in subsection 1 of North Dakota Century Code section 28-32-21 apply to proceedings involving a complaint and a specific-named respondent. 2. For proceedings t…

The commission may hold investigatory hearings upon the institution of a proceeding by application or by a motion of the commission. Notice of the hearing must be served upon all parties personally or by certified mail at least five days before the hearing. History: Effective Jul…

The evidence in each case heard by the commission, unless specifically excluded by the hearing examiner, includes all subsurface mineral basic data and production records on file with the commission. Any interested party may submit written comments on or objections to the applica…

Petitions for review of a recommended order and oral arguments following issuance of a recommended order and pending issuance of a final order are not allowed. History: Effective July 1, 2026. General Authority: NDCC 28-32-13 Law Implemented: NDCC 28-32-13 13…

The commission may give notice of an order and findings and conclusions upon which it is based to all parties if it files an affidavit of service indicating upon whom the order was served. History: Effective July 1, 2026. General Authority: NDCC 28-32-13 Law Implemented: NDCC 28-…

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the commission or commission employees from a party, or vice versa, relating to a proceeding after its commencement must be filed with the director and entered into the commission's offici…

The commission by motion may designate and appoint qualified individuals to serve as examiners. The commission may refer any matter or proceeding to any legally designated and appointed examiner. History: Effective July 1, 2026. General Authority: NDCC 38-12-04 Law Implemented: N…

The commission by motion may limit the powers and duties of an examiner in a particular case to the issues or performance of acts the commission deems expedient. However, subject only to a limitation ordered by the commission, the examiner to whom a matter or proceeding is referr…

Upon the conclusion of a hearing before an examiner, the examiner promptly shall consider the proceedings in the hearing, and based upon the record of the hearing, the examiner shall prepare a report and recommendations for the disposition of the matter or proceeding by the commi…

After receipt of the report and recommendation of the examiner, the commission shall enter its order disposing of the matter or proceeding. History: Effective July 1, 2026. General Authority: NDCC 38-12-04 Law Implemented: NDCC 38-12-04

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties affected by the motion. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must b…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-08 except: 1. "Adjusted allowable" means the allowable production a proration unit receives after all adjustments are applied. 2. "Allocated pool" is one in which the total oil…

This chapter contains general rules of statewide application which have been adopted by the industrial commission to conserve the natural resources of North Dakota, to prevent waste, and to provide for operation in a manner as to protect correlative rights of all owners of crude …

Repealed effective January 1, 1983. 7

Repealed effective January 1, 1983.

and gas. The commission, its agents, representatives, and employees are charged with the duty and obligation of enforcing all rules and statutes of North Dakota relating to the conservation of oil and gas. However, it shall be the responsibility of all the owners, operators, and …

All operators, contractors, drillers, carriers, gas distributors, service companies, pipe pulling and salvaging contractors, or other persons shall at all times conduct their operations in the drilling, equipping, operating, producing, plugging, and site reclamation of oil and ga…

The commission recognizes that all persons drilling and producing on United States government land shall comply with the United States government regulations. Such persons shall also comply with all applicable state rules and regulations. Copies of the sundry notices, reports on …

Repealed effective January 1, 1983.

Forms required by the commission will be furnished upon request. The commission will provide electronic submission for most requests and reports. History: Amended effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04 8…

The commission may from time to time enter agreements with state and federal government agencies, tribal governments, industry committees, and individuals with respect to special projects, services, and studies relating to conservation of oil and gas. History: Amended effective A…

Repealed effective January 1, 1983.

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties affected by the motion. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must b…

Every person acting as principal or agent for another or independently engaged in the drilling of oil or gas wells, or in the production, storage, transportation, refining, reclaiming, treating, marketing, or processing of crude oil or natural gas, engaged in the disposal of prod…

By special order of the commission, periodic surveys may be made of the reservoirs in this state containing oil and gas. These surveys will be thorough and complete and shall be made using methods approved by the director. The condition of the reservoirs containing oil and gas an…

The director shall maintain a record of official well names, to be known as the well-name register, in which shall be entered: (1) the name and location of each well; (2) the well file number; (3) the name of the operator, or the operator's agent; and (4) any subsequent name or n…

The commission, director, and their representatives shall have access to all records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, producing, operation, or servicing oil and gas wells,…

Repealed effective July 1, 1996.

1. This section is applicable to all allocation and custody transfer metering stations measuring production from oil and gas wells within the state of North Dakota, including private, state, and federal wells. If these rules differ from federal requirements on measurement of prod…

1. Bond requirements. Prior to commencing construction of a site or appurtenance or road access thereto, any person who proposes to drill a well for oil, gas, injection, or source well for use in enhanced recovery operations, shall submit to the director and obtain the approval o…

1. Before any person may begin any well-site preparation for the drilling of any well other than surveying and staking, such person shall obtain approval from the director. An application for permit to drill must be filed with the director, together with a permit fee of one hundr…

The principal on the bond covering a well, treating plant, or facility is the operator. The operator is responsible for compliance with all applicable laws. A dispute over designation of the operator may be addressed by the commission. In doing so, the factors the commission may …

1. After notice and hearing, the commission may revoke a drilling, recompletion, or reentry permit or limit its duration. The commission may act upon its own motion or upon the application of an owner in the spacing or drilling unit. In deciding whether to revoke or limit a permi…

The following govern the recovery of the risk penalty pursuant to subsection 3 of North Dakota Century Code section 38-08-08 and subsection 3 of North Dakota Century Code section 38-08-09.4: 1. An owner may recover the risk penalty under the provisions of subsection 3 of North Da…

Every well and facility associated with the production, transportation, purchasing, storage, treating, or processing of oil, gas, and water except plugged wells shall be identified by a sign. The sign shall be of durable construction and the lettering thereon shall be kept in a l…

In the absence of an order by the commission setting spacing units for a pool: 1. a. Vertical or directional oil wells projected to a depth not deeper than the Mission Canyon formation must be drilled upon a governmental quarter-quarter section or equivalent lot, located not less…