Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-16.2-01 Legislative intent and purpose
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The legislative assembly finds and declares that a large portion of the state's land resources is subject to recurrent flooding by overflow of streams and other watercourses causing loss of life and property, disruption of commerce and governmental services, unsanitary conditions…
N.D.C.C. § 61-16.2-02 Definitions
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1. In this chapter, unless the context or subject matter otherwise provides: a. "Commission" means state water commission. b. "Community" means any political subdivision that has the authority to zone. c. "Conveyance" or "hydraulic conveyance" means a geometric characteristic of …
N.D.C.C. § 61-16.2-03 Duties of the department
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The department shall: 1. Collect and distribute information relating to flooding and floodplain management. 2. Coordinate local, state, and federal floodplain management activities to the greatest extent possible, and encourage appropriate federal agencies to make their flood con…
N.D.C.C. § 61-16.2-04 Delineation of floodplains and floodways
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The department shall assist communities in preparing and obtaining data and other necessary information for the delineation of floodplains and floodways. When the department determines sufficient technical information is available for the delineation of floodplains and floodways …
N.D.C.C. § 61-16.2-05 Floodplain management ordinances
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1. Each community shall submit the floodplain management ordinances adopted under the national flood insurance program [42 U.S.C. 4001 et seq.] to the department for review. 2. If the department determines there is a failure by a community to comply with the intent, purposes, and…
N.D.C.C. § 61-16.2-06 Permissible floodway uses
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Upon delineation of the floodway under the national flood insurance program [42 U.S.C. 4001 et seq.], uses shall be permitted within the floodway to the extent that they do not result in any increase in flood levels during the occurrence of the base flood discharge. Any exception…
N.D.C.C. § 61-16.2-07 Prohibited uses within floodway
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Repealed by S.L. 1983, ch. 682, § 1.
N.D.C.C. § 61-16.2-08 Community standards - Permissible uses within flood fringe
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1. Upon delineation of the floodplain or floodway under the national flood insurance program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the flood fringe to the extent the uses are not prohibited by any other ordinance, regulation, or statute: a. Any use…
N.D.C.C. § 61-16.2-09 Enforcement and penalties
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1. It is unlawful for any person to establish any use that does not comply with this chapter within any floodplain without prior written approval of the affected community. Every use placed in the floodplain in violation of this chapter or a floodplain management ordinance adopte…
N.D.C.C. § 61-16.2-10 Exceptions
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This chapter shall not apply to the following actions or construction, as long as the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained, and the cumulative effect of any such action or construction will not increase the water surface…
N.D.C.C. § 61-16.2-11 Authority to enter and investigate lands or waters
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The department or any community must notify all landowners prior to making any entry upon any lands and waters in the state for the purpose of making an investigation, survey, removal, or repair contemplated by this chapter. An investigation of a nonconforming use or existing con…
N.D.C.C. § 61-16.2-12 State property
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Notwithstanding any other statute or regulation, all state property and structures on state property are subject to the provisions of this chapter and any ordinances adopted under this chapter or the national flood insurance program [42 U.S.C. 4001 et seq.]. The appropriate state…
N.D.C.C. § 61-16.2-13 Flood insurance
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Communities that have residential and nonresidential structures in areas subject to excessive flooding, as determined by the department, shall participate in the national flood insurance program administered by the federal emergency management agency. A community is not required …
N.D.C.C. § 61-16.2-14 Department review of development in regulatory floodways - Exceptions
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Before issuing a permit or authorization to allow a use in a regulatory floodway, the community responsible for permitting or authorizing the use shall notify the department of the proposed use. The department shall determine whether a functioning hydraulic model is needed to mea…