Title 2, Natural Resources

Penalties: Fines; Conflict of Interest. (a) Administrative Orders. The Zoning Board shall investigate violations and order violators to conform with this chapter or to cease and desist from any unlawful acts. The Zoning Board may order demolition or removal of nonconforming struc…

Accounting of Fines and Fees. (a) Upon recordation of a fine with the Commonwealth Recorder, an unpaid fee or fine is a lien on the nonconforming property. The Zoning Board may enforce payment of the lien by foreclosure in accordance with the law governing foreclosure of mortgage…

Short Title. This chapter may be cited as the Commonwealth Nuclear and Chemical Free Zone Act. Source: PL 3-42, § 1. Commission Comment: PL 3-42 took effect January 7, 1983. N.M.I. Const. art. I, § 9 provides, in part: “[T]he storage of nuclear or radioactive material and the dum…

Statement of Purpose and Policy. (a) The people of the Commonwealth of the Northern Mariana Islands are dependent upon the resources of the sea for their economic, social, and political survival and growth. (b) Foreign interests post a threat to the people of the Commonwealth by …

Definitions. As used in this chapter, unless the context otherwise requires, the term: (a) Chemical wastes means the following chemicals and their components, except as permitted by limited exemption in 2 CMC § 1326: (1) Organic halogens; (2) Metal organic compounds; (3) Chlorina…

Nuclear and Chemical Free Zone, Establishment. There is hereby established a nuclear and chemical free zone which is the same as the exclusive economic zone provided by 2 CMC § 1124 of the Marine Sovereignty Act of 1980 [2 CMC § 1101 et seq.]. Source: PL 3-42, § 4.

Prohibited Acts. (a) It is unlawful for any person to dump any nuclear or chemical wastes in the nuclear and chemical free zone established pursuant to 2 CMC § 1313. (b) It is unlawful for any person to dump crude oil, fuel oil, heavy diesel oil, lubrication oil, hydraulic fluid,…

Enforcement. (a) Primary responsibility for enforcement of this chapter shall be assumed by the Department of Natural Resources and the Coastal Resources Management Office. (b) Any officer who is authorized by the Department of Natural Resources and the Coastal Resources Manageme…

Criminal Penalties. In addition to the civil and criminal penalties provided in 2 CMC § 1141 of the Marine Sovereignty Act of 1980 [2 CMC § 1101 et seq.], a person is guilty of a felony offense if he knowingly and willfully commits any act prohibited by this chapter or knowingly …

Civil Penalties. In addition to the civil and criminal penalties provided in 2 CMC § 1141 of the Marine Sovereignty Act of 1980 [2 CMC § 1101 et seq.], any person who violates any provision of this chapter may be fined in an amount of not more than $1 million. Any vessel or aircr…

Limited Exemption for the United States Government. Pursuant to Covenant § 104, the United States government, its employees, agents and subcontractors, are exempt from compliance with 2 CMC § 1314(d) and (e) with respect to all matters related to United States foreign affairs and…

Limited Exemption for Medical Purposes. 2 CMC § 1314(d) and (e) of this chapter shall not apply to radioactive materials used in therapeutic radiology, biomedical research, educational programs, medical devices designed for individual application, e.g., cardiac pace-makers, or co…

Limited Exemption for Specific Types of U.S. Department of Energy Approved Small Modular Nuclear Power Reactors (SMR's) When Used Solely for the Purpose of Electric Power Generation. This chapter shall not apply to radioactive materials used in the building, operation and mainten…

Rat Control: Definitions. Unless the context otherwise requires, the following definitions apply in this article: (a) “Dock” means a platform built on the shore or out from the shore, and is used by ships for loading and unloading of cargo or passengers. (b) “Docking lines” means…

Rat Control: Rat Guards Required. All vessels that dock at any island within the Commonwealth shall be equipped with rat guards on all docking lines leading from the vessel to the dock. Source: MIDC § 9.12.020.

Rat Control: Penalty for Violation. The master of any vessel that is found guilty of violating this article shall be fined not more than $1,000 or imprisoned for not more than six months or both. Source: MIDC § 9.12.030.

Bulk Quantity Marine Fueling: Legislative Findings. Recent interest has been expressed by several businesses and corporations in establishing within Commonwealth waters and in the vicinity of several of the ports of the Commonwealth bulk marine fueling and bunkering facilities. T…

Bulk Quantity Marine Fueling: Legislative Purpose. It is the purpose of this article to provide for the prompt establishment of the bulk marine fueling and bunkering business within the ports and waters of the Commonwealth and to authorize the Commonwealth Ports Authority to mana…

Bulk Quantity Marine Fueling: Existing Licenses. The holder of an existing license to conduct a bulk quantity marine fueling business within the Northern Mariana Islands as of January 25, 1984, shall not be required to make application for a new license during the term of the cur…

Wharfage Fees. Notwithstanding the wharfage rates imposed by the Commonwealth Ports Authority pursuant to NMIAC § 40-20.2-201, the wharfage fees charged by the Commonwealth Ports Authority shall be as follows: (a) Wharfage fees shall be limited to all cargo including liquid petro…

Short Title. This chapter may be cited as the Commonwealth Groundwater Management and Protection Act of 1988. Source: PL 6-12, § 1. Commission Comment: PL 6-12 took effect November 3, 1988.

Statement of Policy. In consideration that the Commonwealth of the Northern Mariana Islands is almost exclusively dependent upon groundwater for its water supply, it is hereby declared to be the public policy of the Commonwealth of the Northern Mariana Islands and the purpose of …

Statement of Authority. The groundwater resources of the Commonwealth belong to the public. No diversion, withdrawal, storage, or use of such water shall occur except in the compliance with this chapter and with other laws of the Commonwealth. Source: PL 6-12, § 3.

Definitions. As used in this chapter: (a) “Beneficial use” shall include the use of water reasonably required for domestic, agricultural, commercial, industrial, recreational and other purposes on both public and private lands. The use of water for domestic purposes is defined as…

Permitting Authority. The Division of Environmental Quality is authorized to: (a) Permit the siting, design, construction, testing, and repairs or improvements of wells; (b) Manage the withdrawal and use of groundwater through well operation permits; and (c) Promulgate rules and …

Well Driller’s License. (a) No person shall engage in well drilling in the Commonwealth without first obtaining a license from the chief. (b) An application for a license shall be made on a form prescribed and furnished by the chief. (c) The chief shall establish fees for well dr…

Well Drilling Permits. (a) No well may be drilled by any person without a drilling permit issued by the chief. (b) The chief shall establish technical drilling permit requirements for the siting design, construction, testing, completion, and repair of all wells. The requirements …

Well Operation Permits. (a) No person may operate a well or withdrawn groundwater without an operation permit issued by the chief. (b) Each operation permit shall state the maximum quantity of water which may be withdrawn per day (daily flow rate). The chief shall determine the m…

Right of Inspection. The Division of Environmental Quality (DEQ) is authorized to inspect each well at reasonable hours to ensure proper and effective well construction, repair, maintenance and operation. Source: PL 6-12, § 9. Commission Comment: With respect to the reference to …

Flow Meters and Water Sampling Valves to be Installed, Access to Wells. (a) Before withdrawing water, the drilling permittee shall install (at the permittee’s expense) a water meter capable of measuring both flow rate and total production at the well. (b) Water meters shall be ma…

Abandonment of Well. In the event a well is abandoned for any reason, the permittee shall immediately notify the chief. Source: PL 6-12, § 11.

Designation of Groundwater Management Zones. (a) The chief shall designate selected regions of the Commonwealth as groundwater management zones shall be rated as class I, class II or class III based on available hydrogeologic information and the following criteria: (1) Groundwate…

Water Shortage Declaration. (a) The chief, after consultation with Commonwealth Utilities Corporation, may declare a water shortage and impose restrictions on permits to protect the public health, safety and welfare; (b) When a water shortage is declared, the chief shall cause no…

Penalties. (a) The chief may issue any order to enforce provisions of this chapter. The order may require the person to do any of the following: (1) To cease and desist from the violation; (2) To take mitigating measures to correct the violation; or (3) To pay a civil fine of not…

Private Right of Action Created. A private right of action is created for any person to enforce compliance with the provisions of this chapter. Such action shall be brought by any person on behalf of the Commonwealth. If such an action is successful, the person shall be entitled …

Fees. All fees, charges, and civil fines authorized and collected under this chapter shall be paid to the Commonwealth Treasurer, provided that 50% of the fees collected under this chapter shall be deposited into the Division of Environmental Quality Special Fund Account, 2 CMC §…

Designation of Homestead Areas. Such areas of public lands within the Commonwealth as may be suitable for agricultural or grazing purposes or for the establishment of community sites, and which are not required for government use or reserved for other purposes by any other provis…

Establishment of Area; Requirements for Use of Homestead Tracts. (a) Subject to N.M.I. Const. art. XI, § 5, the Public Land Corporation shall determine and establish: (1) The maximum area of land allowable for each agricultural, grazing, or village lot homestead tract within the …

Persons Eligible to Homestead. Subject to the provisions of this chapter and the rules and regulations issued pursuant thereto the following persons or groups of persons may enter upon, occupy and improve a tract or tracts of public land for the purpose of homesteading: (a) Any p…

Application for Homestead Land: Place; Form; Contents. Application for permits to homestead land shall be made to the Public Land Corporation. The application shall be in the form of an affidavit and shall contain: (a) All statements of fact upon which the applicant relies to est…

Applications for Homestead Land: Approval. The Public Land Corporation shall verify the eligibility of the applicant and all essential facts set forth by the applicant and approve or disapprove the application. Source: 67 TTC § 205. Commission Comment: With respect to the referen…

Issuance of Homestead Permit. Upon approval of the application, the Public Land Corporation shall issue a permit to enter upon, use and improve the land in accordance with standards as established under the provisions of 2 CMC § 4302. This permit shall describe the land and shall…

Conditions of Occupancy. (a) The homesteader shall enter upon and commence the use and improvement of the land in accordance with the requirements established under 2 CMC § 4302(a)(2) within 120 days after the receipt of the permit. Upon noncompliance with the foregoing, the perm…

Deeds of Conveyance. Deeds of conveyance shall be issued by the Department of Public Lands for homestead land entered under the provisions of this chapter; provided, that no such deed shall be issued until the expiration of three years from the date of entry and the execution of …

Transfer of Homestead Permit. No rights in or to a homestead permit granted under the provisions of this chapter shall be sold, assigned, leased, transferred or encumbered; except, that in the event of the death of a homesteader prior to the issuance of a deed of conveyance, all …

Revocation of Homestead Permit. (a) Except as provided in subsection (b) of this section, if, at any time after the issuance of a permit to enter a homestead tract and before the expiration of the period prescribed by 2 CMC § 4308, it is proved, after due notice to the homesteade…