North Dakota Administrative Code

1. A person may not camp in an area not designated as a campsite. Any person who violates this subsection is guilty of a class 2 noncriminal offense. 3 2. No person may take or attempt to take possession of a campsite when it is an occupied campsite, or when informed by park pers…

1. Unless otherwise specified, in statute or rule, the use of motor vehicles in state parks, including automobiles, trucks, off-highway vehicles, motorcycles, snowmobiles, motorized scooters, and minibikes, is governed under North Dakota Century Code title 39. 2. All traffic cont…

1. No person may dispose of any refuse, sewage, waste, or wastewater except in places or receptacles provided for disposal. Fish cleaning is allowed only in designated areas of the park. Only fish, including bait fish, may be cleaned or deposited at designated fish cleaning stati…

1. Pets shall be personally attended at all times and shall be effectively restrained by a portable enclosure or a leash not exceeding six feet [1.83 meters] in length. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 5 2. No person may keep a n…

1. A person may not destroy, in any manner, any native, wild, or domesticated tree, shrub, fruit, plant, wildflower, or animal. Any person who violates this subsection is guilty of a class 1 noncriminal offense. 2. No person may destroy, deface, or remove, or disturb, in any mann…

1. No person may build a fire outside of stoves, grills, fire rings, or other places provided for building a fire. Any person who violates this subsection is guilty of a class 2 noncriminal offense. 2. All fires must be attended by a person eighteen years of age or older at all t…

No person may discharge or set off within a state park any firearm, bow and arrow, slingshot, BB gun, self-propelled rocket, any form of fireworks, or other projectile, unless authorized by the director. Any person who violates this subsection is guilty of a class 1 noncriminal o…

1. No person may evade or attempt to evade any fee or other charge that may be levied for admission to or use of any state park or facility contained therein. Any person who violates this subsection is guilty of a class 1 noncriminal offense. 2. Park visitors must immediately reg…

1. No person may enter or use a campsite or other area which is closed to public use. Any person who violates this subsection is guilty of a class 2 noncriminal offense. 2. No person may be admitted or allowed to remain in any state park after the designated closing hour except f…

1. No person may hunt, trap, pursue, catch, or kill any wild bird or wild animal in a state park unless specifically allowed by the director or by proclamation. Any person who violates this subsection is guilty of a noncriminal offense. 2. When hunting is permitted in a state par…

No person may use any device for the purpose of locating or removing any metallic object or any other objects of value from a state park. Exceptions may be made by the director for approved archaeological surveys or law enforcement personnel. Use of a metal detector to find a los…

The operation of any unmanned aircraft system for hobby, recreation, or commercial purposes within any lands owned, leased, or managed by the department is prohibited unless authorized by the director or deputy director. Any person who violates this subsection is guilty of a clas…

1. No person may erect, post, or hand out any sign, notice, or literature, or solicit signatures for a petition unless prior authorization is obtained from the park manager. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 2. No organization or …

Any person swimming in a state park swimming area or area under the control of or operated by the department shall do so at the person's own risk. 1. No person may swim at a state park, except within designated swimming areas. Any person who violates this subsection is guilty of …

street, or highway within a state park or on trails maintained by the director of parks and recreation which cross or run parallel to roads, streets, or highways. When a snowmobile or off-highway vehicle operated within a state park or on a trail maintained by the director of par…

1. Except as hereinafter provided, no person may operate any snowmobile unless the snowmobile has been registered in accordance with the provisions of this chapter. Any snowmobile purchased after July 1, 1973, must be titled under the provisions of chapter 39-05 in order to be op…

It is unlawful for any person to drive or operate any snowmobile in the following ways which are declared to be unsafe and a public nuisance: 1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Any person who violates this subsection i…

It is unlawful for any person to operate a snowmobile pursuant to North Dakota Century Code chapter 39-24 without having in possession a valid driver's license, except as provided by North Dakota Century Code section 39-24-09.1. Any person who violates this subsection is guilty o…

No snowmobile may be operated at any time within the right of way of any highway within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or other vehicle is connected to the snowmobile by a hinged swivel and secure hitch. Any person who violates this…

No person under the age of eighteen years may operate, ride, or otherwise be propelled on a snowmobile unless the person wears a safety helmet meeting United States department of transportation standards. Any person who violates this section is guilty of a class 3 noncriminal off…

A person may not operate a snowmobile, and an owner of a snowmobile may not knowingly permit the snowmobile to be operated, upon any property maintained, leased, or owned by the state parks and recreation department to which the public has a right of access for snowmobile or othe…

An individual ten years of age and over may not operate a snowmobile unless the individual is in possession of a valid driver's license, operates the snowmobile on private land, or the individual has completed a snowmobile safety training course as prescribed by the director of t…

Except as provided in this chapter, an individual may not operate an off-highway vehicle unless it has been registered under North Dakota Century Code section 39-29-02. Any person who violates this section is guilty of a class 2 noncriminal offense. History: Effective May 1, 2011…

An individual may not operate an off-highway vehicle in the following ways, which are declared to be unsafe and a public nuisance: 1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Any person who violates this subsection is guilty of…

Except as provided in North Dakota Century Code section 39-29-10, an individual may not operate an off-highway vehicle without having in possession a valid driver's license or permit. Any person who violates this section is guilty of a class 3 noncriminal offense. History: Effect…

An individual under the age of eighteen years may not operate, ride, or otherwise be propelled on an off-highway vehicle unless the person wears a safety helmet meeting United States department of transportation standards. Any person who violates this section is guilty of a class…

A person may not drive, or the owner may not cause or knowingly permit to be driven, a motor vehicle in this state without a valid policy of liability insurance in effect in order to respond in damages for liability arising out of the ownership, maintenance, or use of that motor …

Except as otherwise provided in this section, an individual under sixteen years of age who is not in possession of a valid operator's license or permit to operate an off-highway vehicle may not operate an off-highway vehicle, except upon the lands of the individual's parent or gu…

A snowmobile or off-highway vehicle is operated in a negligent manner when it is operated at a speed greater than is reasonable or proper under all the surrounding circumstances, when it is operated with want of ordinary care and diligence under all the surrounding circumstances,…

A snowmobile or off-highway vehicle is operated in a reckless manner when it is operated recklessly in disregard of the rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the …

A snowmobile or off-highway vehicle is operated in a negligent manner when it is operated at a speed greater than is reasonable or proper under all the surrounding circumstances, when it is operated with want of ordinary care and diligence under all the surrounding circumstances,…

The director of the parks and recreation department adopts sections 58-02-08-19 through 58-02-08-35 to regulate the use of snowmobiles and off-highway vehicles in state parks; on trails maintained, leased, or owned by the state parks and recreation department; or on other land ow…

A preapplication form and brochure is available to determine sponsorship and project eligibility. General Authority: NDCC 55-08-01.3 Law Implemented: NDCC 55-08-01.3, 55-08-03.1

After approval of sponsorship and project eligibility, a booklet is provided listing the required federal forms and information. General Authority: NDCC 55-08-01.3 Law Implemented: NDCC 55-08-01.3, 55-08-03.1 1

1. History and functions. The 1975 legislative assembly passed a Central Personnel System Act, codified as North Dakota Century Code chapter 54-44.3. The Act created the state personnel board which oversees the development and administration of a unified system of personnel admin…

This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and b…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except that: 1. "Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services. 2. …

1. A regular employee or an appointing authority may appeal a classification decision made by human resource management services if one of the following is alleged: a. Human resource management services did not give due consideration to information presented. b. Human resource ma…

Repealed effective November 1, 1996. 2

This chapter applies to all employees who have satisfactorily completed their probationary period and who are in positions classified by human resource management services. Additionally, this chapter applies to state and local government agencies, departments, institutions, and b…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except that: 1. "Regular employee" means a person who has completed the probationary period and who is in a position classified by human resource management services. 2. …

1. A regular employee or an appointing authority may appeal to the state personnel board the pay grade assigned to a class by human resource management services if one of the following is alleged: a. Human resource management services did not give due consideration to information…

This chapter outlines the review procedures for the state classification plan and the compensation plan. History: Effective December 1, 1985. General Authority: NDCC 54-44.3 Law Implemented: NDCC 54-44.3-12

Periodically, but not less than annually, human resource management services shall notify the board of additions and deletions to the currently approved classification plan as instituted by human resource management services. In addition, the board may approve positions not to be…

After the legislative session, but prior to July first of the new biennium, the director, human resource management services, shall submit a state compensation plan for each year of the biennium to the board for review, modification, and adoption. This plan must be developed by h…

If any provision of title 59.5 or application thereof to any person or circumstances is held invalid, such invalidity may not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisi…

1. Board membership. The pesticide control board consists of the agriculture commissioner, who is chairman of the board; the director of the North Dakota state university extension service; and the director of the agricultural experiment station at North Dakota state university o…

The provisions of this article shall apply to all hearings held by the commissioner for the purposes of adjudicating the rights of parties under North Dakota Century Code chapter 4.1-33. This article shall provide procedures in addition to or in explanation of those procedures pr…

This article shall be liberally construed in order to secure just, speedy, and inexpensive determination of the issues presented. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32-02

The commissioner or any hearing officer shall have the right, upon either the commissioner's or hearing officer's own motion or the motion of any party, to suspend the operation and effect of this article or any portion thereof, whenever the public interest or the interests of an…