N.D. Cent. Code § 49-21-01 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01
49-21-01. Definitions
Status: in_force

49-21-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Access" means telecommunications services to connect a telecommunications

customer or end user with a telecommunications company that allows for the

origination or the termination, or both, of WATS, 800, and message toll

telecommunications services and private line transport services.

2. "Competitive local exchange company" means any telecommunications company

providing local exchange service, other than an incumbent local exchange carrier,

whether by its own facilities, interconnection, or resale.

3. "Eligible telecommunications carrier" means a telecommunications company

designated under section 214(e) of the federal act as eligible to receive universal

service support in accordance with section 254 of the federal act.

4. "Essential telecommunications service" means the following services:

a. Switched access;

b. Installation of the service connection for other essential services from the end

user's premises to the local exchange network; and

c. Primary flat rate residence basic telephone service including the following service

elements:

(1) Billing and collecting of the telecommunications company's charges for the

service.

(2) Primary directory listing.

(3) Access to directory assistance.

(4) Access to emergency 911 service and emergency operator assistance in

local exchange areas in which emergency 911 service is not available.

(5) Except as provided in section 49-02-01.1, mandatory, flat-rate extended

area service to designated nearby local exchange areas.

(6) Transmission service necessary for the connection between the end user's

premises and the local exchange central office switch including a trunk

connection that has inward dialing and necessary signaling service such as

touchtone used by end users for the service.

5. "Federal act" means the federal Communications Act of 1934, as amended by the

federal Telecommunications Act of 1996 [47 U.S.C. 151 et seq.].

6. "Incumbent local exchange carrier" means a telecommunications company that meets

the definition of section 251(h) of the federal act.

7. "Inside wire" and "premise cable" mean the telecommunications wire on the

customer's side of a demarcation point or point of interconnection between the

telecommunications facilities of the telecommunications company and the customer or

premise owner established under title 47, Code of Federal Regulations, part 68,

section 68.105.

8. "Interexchange telecommunications company" means a person providing

telecommunications service to end users located in separate local exchange areas.

9. "Internet protocol-enabled service" means any service, capability, functionality, or

application that uses internet protocol or any successor protocol and enables an end

user to send or receive voice, data, or video communication in internet protocol format

or a successor format.

10. "Local exchange area" means a geographic territorial unit established by a

telecommunications company for the administration of telecommunications services as

approved and regulated in accordance with chapter 49-03.1.

11. "Management costs" means the reasonable direct actual costs a political subdivision

incurs in exercising its police powers over the public rights of way.

12. "Mutual telephone company" means a telephone cooperative organized and operating

subject to the provisions of this chapter, and such a cooperative shall also be subject

to the general law governing cooperatives, except where such general law is in conflict

with this chapter.

13. "Nonessential telecommunications service" means any telecommunications service,

other than those essential telecommunications services listed in subsection 4 that a

customer has the option to purchase either in conjunction with or separate from any

essential telecommunications service.

14. "Price" means any charge set and collected by a telecommunications company for any

telecommunications service offered by it to the public or other telecommunications

companies.

15. "Private line transport service" means a telecommunications service to a customer

over a circuit dedicated to the customer's exclusive use, within a local exchange area,

or between or among local exchanges. Private line transport service includes services

to customers who are end users and services to telecommunications companies.

16. "Public right of way" means the area on, below, or above a public roadway, highway,

street, bridge, cartway, bicycle lane, or public sidewalk in which a political subdivision

has a legal interest, including other dedicated rights of way for travel purposes, utility

easements, and all the area within seventy-five feet [22.86 meters] of the centerline of

any county or township highway right of way over which a board of county

commissioners or a board of township supervisors has control under section 24-01-42.

The term does not include the airwaves above a public right of way with regard to

cellular or other wireless telecommunications or broadcast service or utility poles

owned by a political subdivision or a municipal utility or a telecommunications

company, in whole or part.

17. "Rural telephone company" means a telecommunications company that meets the

definition of section 153(37) of the federal act.

18. "Service element" means a telecommunications function or service component that is

not useful to the user unless it is combined with one or more other telecommunications

functions or service components.

19. "Switched access" means access to include:

a. Local exchange central office switching and signaling;

b. Operator and recording intercept of calls;

c. Termination of end user lines in the local exchange central office;

d. The carrier common line charge for the line between the end user's premises and

the local exchange central office;

e. Billing and collection recording for interexchange carriers to which the local

exchange carrier provides access service; and

f. Telecommunications service, including connections, provided to allow

transmission service and termination between an interexchange company's

premises and the local exchange central office switch for the origination or

termination of the interexchange company's switched telecommunications

services.

20. "Telecommunications company" means a person engaged in the furnishing of

telecommunications service within this state.

21. "Telecommunications service" means the offering for hire of telecommunications

facilities, or transmitting for hire telecommunications by means of such facilities

whether by wire, radio, lightwave, or other means.

22. "Voice over internet protocol service" means any service that enables real time,

two-way voice communication originating from or terminating at the user's location in

internet protocol or a successor protocol, utilizes a broadband connection at the user's

location, and permits a user to receive a call that originates on the public switched

telephone network and to terminate a call to the public switched telephone network.
N.D. Cent. Code § 49-22.1-22 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-22
49-22.1-22. Safety
Status: repealed

49-22.1-22. Safety

Repealed by S.L. 2021, ch. 347, § 13.
N.D. Cent. Code § 49-22-10 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-10
49-22-10. Designation of sites and corridors
Status: repealed

49-22-10. Designation of sites and corridors

Repealed by S.L. 1979, ch. 504, § 15.
N.D. Cent. Code § 49-21-04.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-04.1
49-21-04.1. Maximum and minimum rates - Changes
Status: repealed

49-21-04.1. Maximum and minimum rates - Changes

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-22.1-06 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-06
49-22.1-06. Application for a certificate - Notice of filing - Amendment - Designation of a site or corridor
Status: in_force

49-22.1-06. Application for a certificate - Notice of filing - Amendment - Designation of

a site or corridor.

1. An application for a certificate must be in the form prescribed by the commission

containing the following information:

a. A description of the size and type of facility.

b. A summary of any studies that have been made of the environmental impact of

the facility.

c. A statement explaining the need for the facility.

d. An identification of the location of the preferred site for any gas or liquid energy

conversion facility.

e. An identification of the location of the preferred corridor for any gas or liquid

transmission facility.

f. A description of the merits and detriments of any location identified and a

comprehensive analysis with supporting data showing the reasons why the

preferred location is best suited for the facility.

g. A description of mitigative measures that will be taken to minimize all foreseen

adverse impacts resulting from the location, construction, and operation of the

proposed facility.

h. An evaluation of the proposed site or corridor with regard to the applicable

considerations set out in section 49-22.1-09 and the criteria established pursuant

to section 49-22.1-03.

i. Any other information as the applicant considers relevant or the commission may

require.

2. After determining the application is complete, the commission shall serve a notice of

filing of the application on those persons and agencies the commission deems

appropriate and shall publish a notice of filing of the application in the official

newspaper of each county in which any portion of the site or corridor is proposed to be

located.

3. A copy of the application must be furnished to any person or agency, upon request to

the commission within thirty days of either service or publication of the notice of filing.

4. An application for an amendment of a certificate must be in the form and contain the

information as the commission prescribes.

5. The commission may designate a site or corridor for a proposed facility following the

study and hearings provided for in this chapter. Any designation must be made in

accordance with the evidence presented at the hearings, an evaluation of the

information provided in the application, the criteria established pursuant to section

49-22.1-03, and the considerations set out in section 49-22.1-09 in a finding with

reasons for the designation, and must be made in a timely manner no later than six

months after the filing of a completed application for a certificate of site compatibility or

no later than three months after the filing of a completed application for a certificate of

corridor compatibility. The time for designation of a site or corridor may be extended by

the commission for just cause. The failure of the commission to act within the time

limits provided in this section does not operate to divest the commission of jurisdiction

in any certification proceeding. The commission shall indicate the reasons for any

refusal of designation. Upon designation of a site or corridor, the commission shall

issue a certificate of site compatibility or a certificate of corridor compatibility with the

terms, conditions, or modifications deemed necessary.
N.D. Cent. Code § 49-10.1-12 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-12
49-10.1-12. Trespassing and stealing rides on cars, engines, and trains - Penalty
Status: in_force

49-10.1-12. Trespassing and stealing rides on cars, engines, and trains - Penalty

No person shall:

1. Enter, ride, or secure passage upon a railroad car or engine of any description other

than a car commonly used exclusively for the carriage of passengers with intent

thereby to obtain a ride without payment therefor or fraudulently to obtain carriage

upon any such engine or car.

2. Take passage, ride, or enter for the purpose of taking passage or riding, upon the

tracks, rods, brakebeams, or any part of any car, locomotive engine, or tender, not

ordinarily and customarily used or intended for the resting place of a person riding

upon or operating the same, unless the one taking such passage is a railway

employee in the performance of the employee's duty.

Any person violating any of the provisions of this section shall be guilty of a class B

misdemeanor.
N.D. Cent. Code § 49-19-21 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-21
49-19-21. Oil and gas wastes - Dangerous field operations - Commission to regulate
Status: repealed

49-19-21. Oil and gas wastes - Dangerous field operations - Commission to regulate

Repealed by S.L. 1983, ch. 399, § 3.
N.D. Cent. Code § 49-21-01.9 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.9
49-21-01.9. Voice over internet protocol service and internet protocol-enabled service
Status: in_force

49-21-01.9. Voice over internet protocol service and internet protocol-enabled service

1. Notwithstanding any other law, a state entity or political subdivision of the state may

not by rule, order, or other means directly or indirectly regulate the entry, rates, terms,

or conditions for internet protocol-enabled or voice over internet protocol service.

2. Voice over internet protocol service is subject to the following:

a. Any required assessments under any state high-cost universal service fund.

b. Any required assessment of 911 or E911 fees.

c. Any required surcharge under section 54-44.8-08.

d. Any required tax under chapter 57-34.

3. Nothing in this section affects or modifies:

a. Any applicable wholesale tariff or any commission authority to implement or

enforce any rights, duties, or obligations of any party related to wholesale

services.

b. Any entity's obligations or rights or commission authority under sections 251 and

252 of the federal Communications Act of 1934 [47 U.S.C. 251 and 252].

c. Any commission jurisdiction over intrastate switched access rates, terms and

conditions, including the implementation of federal law with respect to intercarrier

compensation or existing commission authority to address or affect the resolution

of disputes regarding intercarrier compensation.

d. Any obligation for the provision of video or cable service by any entity under

applicable law.

e. Any commission jurisdiction or authority to address federal high-cost fund or

federal universal service fund issues.

f. Any obligation to offer essential telecommunications services.

g. Authority to enforce criminal or civil laws, including consumer protection and

unfair or deceptive trade practice laws under title 51, which apply generally to the

conduct of business.

h. Authority of a political subdivision of the state to exercise its zoning power under

chapters 40-47, 58-03, or 11-33.

i. Any obligation arising out of chapter 49-23.
N.D. Cent. Code § 49-05-05 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-05
49-05-05. Changes in tariff rates - Notice to commission - Filing fee
Status: in_force

49-05-05. Changes in tariff rates - Notice to commission - Filing fee

A change may not be made by any public utility in any tariffs, rates, joint rates, fares, tolls,

schedules, classifications, or service which have been filed and published by any public utility,

except after thirty days' notice to the commission. The notice must state plainly the changes

proposed. The commission, for a good cause shown, may allow changes upon less than the

notice specified in this section, either in particular instances or by a general order applicable to

special or peculiar circumstances or conditions.
N.D. Cent. Code § 49-03.1-06 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-06
49-03.1-06. Franchise not to be exercised without certificate
Status: in_force

49-03.1-06. Franchise not to be exercised without certificate

No public utility henceforth shall exercise any right or privilege under any franchise or

certificate hereafter granted, or under any franchise or certificate heretofore granted, the

exercise of which has been suspended or discontinued for more than one year, without first

obtaining from the commission a certificate that public convenience and necessity require the

exercise of such right or privilege.
N.D. Cent. Code § 49-22.1-09 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-09
49-22.1-09. Factors to be considered in evaluating applications and designation of sites, corridors, and routes
Status: in_force

49-22.1-09. Factors to be considered in evaluating applications and designation of

sites, corridors, and routes.

The commission is guided by, but is not limited to, the following considerations, when

applicable, to aid the evaluation and designation of sites, corridors, and routes:

1. Available research and investigations relating to the effects of the location,

construction, and operation of the proposed facility on public health and welfare,

natural resources, and the environment.

2. The effects of new gas or liquid energy conversion and gas or liquid transmission

technologies and systems designed to minimize adverse environmental effects.

3. The potential for beneficial uses of waste energy from a proposed gas or liquid energy

conversion facility.

4. Adverse direct and indirect environmental effects that cannot be avoided should the

proposed site or route be designated.

5. Alternatives to the proposed site, corridor, or route that are developed during the

hearing process and which minimize adverse effects.

6. Irreversible and irretrievable commitments of natural resources should the proposed

site, corridor, or route be designated.

7. The direct and indirect economic impacts of the proposed facility.

8. Existing plans of the state, local government, and private entities for other

developments at or in the vicinity of the proposed site, corridor, or route.

9. The effect of the proposed site or route on existing scenic areas, historic sites and

structures, and paleontological or archaeological sites.

10. The effect of the proposed site or route on areas that are unique because of biological

wealth or because the site or route is a habitat for rare and endangered species.

11. Problems raised by federal agencies, other state agencies, and local entities.
N.D. Cent. Code § 49-06-18 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-18
49-06-18. Employment of experts - Attorneys - Costs of hearing
Status: repealed

49-06-18. Employment of experts - Attorneys - Costs of hearing

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-11-09 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-09
49-11-09. Railroads intersecting - Compensation governed by law of eminent domain
Status: in_force

49-11-09. Railroads intersecting - Compensation governed by law of eminent domain

Every corporation whose railroad shall be intersected by any new railroad shall unite with

the owners of such new railroad in forming such intersection and connections and shall grant

the facilities provided for in section 49-11-08. If the two corporations cannot agree upon the

amount of compensation to be paid therefor, or the points and manner of such crossings and

connections, the same shall be ascertained and determined in the manner provided for the

taking of real property under the law of eminent domain.
N.D. Cent. Code § 49-22-16 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16
49-22-16. Effect of issuance of certificate or permit - Local land use, zoning, or building rules, regulations, or ordinances - State agency rules (Retroactive application - See note)
Status: in_force

49-22-16. Effect of issuance of certificate or permit - Local land use, zoning, or

building rules, regulations, or ordinances - State agency rules (Retroactive application -

See note).

1. The issuance of a certificate of site compatibility or a route permit shall, subject to

subsections 2 and 3, be the sole site or route approval required to be obtained by the

utility.

2. a. A certificate of site compatibility for an electric energy conversion facility may not

supersede or preempt any local land use, zoning, or building rules, regulations, or

ordinances and a site may not be designated which violates local land use,

zoning, or building rules, regulations, or ordinances.

b. Except as provided in this section, a permit for the construction of an electric

transmission facility within a designated corridor supersedes and preempts any

local land use or zoning regulations.

c. Before an electric transmission facility is approved, the commission shall require

the applicant to comply with the road use agreements of the impacted political

subdivision. A permit may supersede and preempt the requirements of a political

subdivision if the applicant shows by a preponderance of the evidence the

regulations or ordinances are unreasonably restrictive in view of existing

technology, factors of cost or economics, or needs of consumers regardless of

location, or are in direct conflict with state or federal laws or rules.

d. When an application for a certificate for an electric transmission facility is filed,

the commission shall notify the townships with retained zoning authority, cities,

and counties in which any part of the proposed corridor is located. The

commission may not schedule a public hearing sooner than forty-five days from

the date notification is sent by mail or electronic mail. Upon notification, a political

subdivision shall provide a listing to the commission of all local requirements

identified under this subsection. The listing of requirements must be filed at least

ten days before the hearing or the requirements are superseded and preempted.

e. An applicant must comply with all local requirements provided to the commission

under subdivision d, which are not otherwise superseded by the commission.

3. Utilities subject to this chapter shall obtain state permits that may be required to

construct and operate electric energy conversion facilities and electric transmission

facilities. A state agency in processing a utility's facility permit application shall be

bound to the decisions of the commission with respect to the site designation for the

electric energy conversion facility or the corridor or route designation for the electric

transmission facility and with respect to other matters for which authority has been

granted to the commission by this chapter.

4. A site or route may not be designated which violates the rules of a state agency. A

state agency with jurisdiction over any aspect of a proposed facility shall present the

position of the agency at least thirty days before the public hearing on an application

for a certificate, a permit, or a waiver, which position clearly must state whether the

site, corridor, or route being considered for designation will be in compliance with the

agency's rules. For purposes of this chapter it is presumed a proposed facility will be in

compliance with a state agency's rules if the agency fails to present its position on the

proposed site, corridor, or route at least thirty days before the appropriate public

hearing.
N.D. Cent. Code § 49-03-01.2 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01.2
49-03-01.2. Limitation on issuance of orders and certificates of public convenience and necessity to electric public utilities
Status: repealed

49-03-01.2. Limitation on issuance of orders and certificates of public convenience

and necessity to electric public utilities.

Repealed by S.L. 1979, ch. 187, § 108.
N.D. Cent. Code § 49-22-03 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-03
49-22-03. Definitions
Status: in_force

49-22-03. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Backup electric generation" means electric generation that is not interconnected with

the grid and is generated on a temporary basis to replace primary source electric

generation when unavailable.

2. "Certificate" means the certificate of site compatibility or the certificate of corridor

compatibility issued under this chapter.

3. "Commission" means the North Dakota public service commission.

4. "Construction" includes a clearing of land, excavation, or other action affecting the

environment of the site after April 9, 1975, but does not include activities:

a. Conducted wholly within the geographic location for which a utility has previously

obtained a certificate or permit under this chapter, or on which a facility was

constructed before April 9, 1975, if:

(1) The activities are for the construction of the same type of facility as the

existing type of facility as identified in a subdivision of subsection 6 or 7 or in

subsection 14 of this section and the activities are:

(a) Within the geographic boundaries of a previously issued certificate or

permit;

(b) For an electric energy conversion facility constructed before April 9,

1975, within the geographic location on which the facility was built; or

(c) For an electric transmission facility constructed before April 9, 1975,

within a width of three hundred fifty feet [106.68 meters] on either side

of the centerline;

(2) Except as provided in subdivision b, the activities do not affect any known

exclusion or avoidance area;

(3) The activities are for the construction:

(a) Of a new electric energy conversion facility;

(b) Of a new electric transmission facility;

(c) To improve the existing electric energy conversion facility or electric

transmission facility; or

(d) To increase or decrease the capacity of the existing electric energy

conversion facility or electric transmission facility; and

(4) Before conducting any activities, the utility certifies in writing to the

commission that:

(a) The activities will not affect a known exclusion or avoidance area;

(b) The activities are for the construction:

[1] Of a new electric energy conversion facility;

[2] Of a new electric transmission facility;

[3] To improve the existing electric energy conversion or electric

transmission facility; or

[4] To increase or decrease the capacity of the existing electric

energy conversion facility or electric transmission facility; and

(c) The utility will comply with all applicable conditions and protections in

siting laws and rules and commission orders previously issued for any

part of the facility.

b. Otherwise qualifying for exclusion under subdivision a, except that the activities

are expected to affect a known avoidance area and the utility before conducting

any activities:

(1) Certifies in writing to the commission that:

(a) The activities will not affect a known exclusion area;

(b) The activities are for the construction:

[1] Of a new electric energy conversion facility;

[2] Of a new electric transmission facility;

[3] To improve the existing electric energy conversion facility or

electric transmission facility; or

[4] To increase or decrease the capacity of the existing electric

energy conversion facility or electric transmission facility; and

(c) The utility will comply with all applicable conditions and protections in

siting laws and rules and commission orders previously issued for any

part of the facility;

(2) Notifies the commission in writing that the activities are expected to impact

an avoidance area and provides information on the specific avoidance area

expected to be impacted and the reasons why impact cannot be avoided;

and

(3) Receives the commission's written approval for the impact to the avoidance

area, based on a determination that there is no reasonable alternative to the

expected impact. If the commission does not approve impacting the

avoidance area, the utility must obtain siting authority under this chapter for

the affected portion of the site or route. If the commission fails to act on the

notification required by this subdivision within thirty days of the utility's filing

the notification, the impact to the avoidance area is deemed approved.

c. Incident to preliminary engineering or environmental studies.

5. "Corridor" means the area of land where a designated route may be established for an

electric transmission facility.

6. "Electric energy conversion facility" means a plant, addition, or combination of plant

and addition, excluding onsite backup electric generation, designed for or capable of:

a. Generation by wind energy conversion exceeding one-half megawatt of

electricity;

b. Generation by any means other than wind energy conversion exceeding fifty

megawatts of electricity; or

c. Utility-scale energy storage.

7. "Electric transmission facility" means an electric transmission line and associated

facilities with a design in excess of one hundred fifteen kilovolts. "Electric transmission

facility" does not include:

a. A temporary electric transmission line loop that is:

(1) Connected and adjacent to an existing electric transmission facility that was

sited under this chapter;

(2) Within the corridor of the sited facility and does not cross known exclusion

or avoidance areas; and

(3) In place for less than one year; or

b. An electric transmission line that is less than one mile [1.61 kilometers] long.

8. "Facility" means an electric energy conversion facility, electric transmission facility, or

both.

9. "Permit" means the permit for the construction of an electric transmission facility within

a designated corridor issued under this chapter.

10. "Person" includes an individual, firm, association, partnership, cooperative,

corporation, limited liability company, or any department, agency, or instrumentality of

a state or of the federal government, or any subdivision thereof.

11. "Power emergency" means an electric transmission line and associated facilities that

have been damaged or destroyed by natural or manmade causes resulting in a loss of

power supply to consumers of the power.

12. "Public hearing" means a proceeding conducted for the purpose of acquiring

information that will be considered in a certificate or permit action evaluation and which

affords the public an opportunity to present views, opinions, and information.

13. "Repower" means construction activities to completely or partially dismantle and

replace turbine equipment at an existing wind energy conversion facility site that result

in an increase of the facility's generation output potential or turbine height. The term

does not include routine turbine maintenance or routine replacement of malfunctioning

turbines or turbine components.

14. "Route" means the location of an electric transmission facility within a designated

corridor.

15. "Site" means the location of an electric energy conversion facility.

16. "Utility" means a person engaged in and controlling the electric generation, the

transmission of electric energy, or the transmission of water from or to any electric

energy conversion facility.

17. "Utility-scale energy storage" means a plant, addition, or combination of plant and

addition, designed for operation as a grid resource and capable of five megawatts or

more of rated power capacity.
N.D. Cent. Code § 49-22.1-21 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-21
49-22.1-21. Siting process expense recovery - Deposit in special fund - Continuing appropriation
Status: in_force

49-22.1-21. Siting process expense recovery - Deposit in special fund - Continuing

appropriation.

1. Every applicant under this chapter shall pay to the commission an application fee:

a. An applicant for a certificate of site compatibility shall pay an amount equal to five

hundred dollars for each one million dollars of investment in the facility.

b. An applicant for a certificate of corridor compatibility shall pay an amount equal to

five thousand dollars for each one million dollars of investment in the facility.

c. An applicant for a waiver shall pay the amount that would be required for an

application for a certificate of site or corridor compatibility for the proposed facility.

If a waiver is not granted for a proposed facility, the application fee paid must be

allowed as a credit against fees payable under this section in connection with an

application under this chapter for a certificate or permit for the proposed facility.

d. An applicant for a transfer of a certificate or permit shall pay an amount to be

determined by the commission to cover anticipated expenses of processing the

application.

e. An applicant requesting an amendment to a certificate or permit, or certifying to

the commission under subsection 3 of section 49-22.1-01 or obtaining siting

authority under subdivision b of subsection 2 or subdivision c of subsection 4 of

section 49-22.1-15, shall pay an amount to be determined by the commission to

cover anticipated expenses of processing the application.

f. The application fee under subdivision a, b, or c may not be less than ten

thousand dollars nor more than one hundred thousand dollars.

g. An applicant may agree to pay additional fees that are reasonably necessary for

completion of the site, corridor, or route evaluation and designation process.

2. If an applicant does not agree to pay additional fees reasonably necessary for

completion of the site, corridor, or route evaluation and designation process, at the

request of the commission and with the approval of the emergency commission, the

applicant shall pay any additional fees as are reasonably necessary for completion of

the gas or liquid energy conversion facility site, gas or liquid transmission facility

corridor, or gas or liquid transmission facility route evaluation and designation process

by the commission. The application fee under subsection 1 and any additional fees

required of the applicant under this subsection may not exceed an amount equal to

one thousand dollars for each one million dollars of investment in a proposed energy

conversion facility or ten thousand dollars for each one million dollars of investment in

a proposed gas or liquid transmission facility.

3. A siting process expense recovery fund is established in the state treasury. The

commission shall deposit payments received under subsections 1 and 2 in the siting

process expense recovery fund. All moneys deposited in the fund are appropriated on

a continuing basis to the commission to pay expenses incurred in the siting process.

The commission shall specify the time and method of payment of any fees and shall

refund the portion of fees collected under subsections 1 and 2 which exceeds the

expenses incurred for the evaluation and designation process.

4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility

and route permit, and transfer of a certificate or permit under this chapter shall pay to

the commission an administrative fee equal to two hundred dollars for each one million

dollars of original investment, not to exceed fifty thousand dollars. The administrative

fee must be deposited into the public service commission program fund.
N.D. Cent. Code § 49-20-01 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-01
49-20-01. Definitions
Status: in_force

49-20-01. Definitions

As used in this chapter, unless the context otherwise clearly requires:

1. "Electrical supply lines" shall mean those electrical conductors and their necessary

supporting and containing structures which are used for transmitting a supply of

electrical energy.

2. "Operation" shall be construed and applied only in relation to the manner of operating

the lines referred to so as to avoid or minimize the hazard of injury to persons or

property and to avoid or mitigate interference with the service of signal lines.

3. "Signal lines" shall mean those lines for public or private signal or communication

service and devoted exclusively to the transmission of signals or intelligence which

operate at not more than four hundred volts to ground or seven hundred fifty volts

between any two points of the circuit and the transmitted power of which does not

exceed one hundred fifty watts.
N.D. Cent. Code § 49-21-20 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-20
49-21-20. Penalty
Status: repealed

49-21-20. Penalty

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-09-05 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-05
49-09-05. Securing right of way over land of decedent or ward
Status: repealed

49-09-05. Securing right of way over land of decedent or ward

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-19-01 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-01
49-19-01. Definition of common pipeline carriers
Status: in_force

49-19-01. Definition of common pipeline carriers

Every person:

1. Owning, operating, or managing any pipeline or any part of any pipeline within this

state for the transportation of crude petroleum, gas, coal, or carbon dioxide to or for

the public for hire, or engaged in the business of transporting crude petroleum, gas,

coal, or carbon dioxide by pipelines;

2. Owning, operating, managing, or participating in the ownership, operation, or

management of, under lease, contract of purchase, agreement to buy or sell, or other

agreement or arrangement of any kind whatsoever, any pipeline, or any part of any

pipeline, for the transportation of crude petroleum, gas, or coal bought from others

from any oil, gas, or coal field or place of production, to any distributing, refining, or

marketing center or reshipping point;

3. Engaged in the business of producing, purchasing, transporting for hire or transporting

for sale within this state of natural gas, which is transported through pipelines, or any

part of a pipeline, the right of way for which is granted or secured under the provisions

of this chapter or, subject to chapter 32-15, through the exercise of the right of eminent

domain; or

4. Made a common carrier by or under the terms of a contract with or in pursuance of the

laws of the United States, is a common carrier and is subject to the provisions of this

chapter as a common pipeline carrier.
N.D. Cent. Code § 49-10.1-10 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-10
49-10.1-10. Use of railroad tracks for highway purposes - Penalty
Status: in_force

49-10.1-10. Use of railroad tracks for highway purposes - Penalty

No unauthorized person shall drive any vehicle or animal upon or use any railroad track and

right of way in this state as a highway. This section shall not apply to highway or private

crossings over any line of railway in the state, nor to depot grounds, station grounds, nor

switches, sidetracks, and right of way intended for the use of railroad employees, shippers, or

the consignees of freight. Any person violating the provisions of this section is guilty of a class B

misdemeanor.
N.D. Cent. Code § 49-16-01.1 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-01.1
49-16-01.1. Indemnity terms void and unenforceable
Status: in_force

49-16-01.1. Indemnity terms void and unenforceable

1. Except as provided in this section, any provision of a lease, license, or other

agreement for the use or occupancy of railroad right of way, or other adjoining

property, between a railroad or its representative and a state or federal licensed public

grain warehouse or potato warehouse is void to the extent it does any of the following:

a. Purports to indemnify or require the defense of the railroad, or its employees,

agents, or independent contractors against any loss, liability, or other damage to

the extent caused by the sole or concurrent fault of the railroad or its employees,

agents, or independent contractors arising out of any claims or actions for bodily

injury, death, property damage, or environmental damage or liability.

b. Requires the state or federal licensed public grain warehouse or potato

warehouse to purchase insurance providing coverage for the railroad or its

employees, agents, or independent contractors against any loss, liability, or other

damage to the extent caused by the sole or concurrent fault of the railroad or its

employees, agents, or independent contractors.

c. Purports to exempt, or otherwise excuse, the railroad from any fault or other

responsibility for bodily injury, death, property damage other than property

damage subject to Public Law No. 104-88 [109 Stat. 847; 49 U.S.C. 11706], or

environmental damage or liability to the extent caused by sole or concurrent acts

of the railroad or its employees, agents, or independent contractors, or for any

environmental damage or condition which exists at the time the lease, license, or

other agreement is entered.

2. As used in this section, "fault" is defined under section 32-03.2-01.

3. Notwithstanding any other provision of law, a railroad may require that a state or

federal licensed public grain warehouse or potato warehouse contracting for the use or

occupancy of railroad right of way, or other adjoining property, provide the following:

a. Commercial general liability insurance of not more than two million dollars per

occurrence and not more than four million dollars for multiple occurrences

coverage for bodily injury, death, and property damage arising out of the use or

occupancy of the property by the contracting party, including damage caused by

the sole or concurrent fault of the railroad, its employees, agents, and

contractors, and an endorsement naming the railroad as an additional insured.

b. Indemnification and defense of the railroad, its employees and agents for all

bodily injury, death, environmental damage, and property damage claims and

liability up to two million dollars per occurrence arising out of the use or

occupancy of the property, including claims and liability caused by the sole or

concurrent fault of the railroad, its employees, agents, and contractors.

c. Indemnification and defense of the railroad, its employees and agents for all

bodily injury, death, property damage, and environmental damage suffered by the

lessee, licensee, or other contracting party, its employees, agents, and invitees,

arising from the use or occupancy of the property, including claims and liability

caused by the sole or concurrent fault of the railroad, its employees, agents, and

contractors unless caused solely by the acts or omission of the railroad that are

willful, wanton, or grossly negligent.

d. Pollution legal liability insurance up to one million dollars, unless the lessee

agrees to a greater amount, to cover liabilities arising from hazardous substances

or bulk storage of petroleum products brought on the property, or released on or

near the property, or violations of environmental laws, by the lessee, licensee, or

other contracting party, its employees, agents, and invitees.

4. Each party to the agreement is responsible for all liability resulting from the

environmental condition of the property to the extent caused, aggravated, or

contributed to by that party, its employees, agents, and invitees.
N.D. Cent. Code § 49-02-19 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-19
49-02-19. Power to fix special rates - Public service commission
Status: repealed

49-02-19. Power to fix special rates - Public service commission

Repealed by omission from this code.
N.D. Cent. Code § 49-22.1-08 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-08
49-22.1-08. Combining application
Status: in_force

49-22.1-08. Combining application

A utility may file a separate application for a certificate or a permit, or combined into one

application.
N.D. Cent. Code § 49-05-04.3 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-04.3
49-05-04.3. Rate adjustment - Transmission facility costs
Status: in_force

49-05-04.3. Rate adjustment - Transmission facility costs

1. The commission may approve, reject, or modify a tariff filed under section 49-05-06

which provides for an adjustment of rates to recover jurisdictional capital and operating

costs incurred by a public utility for new or modified electric transmission facilities. For

purposes of this section, an electric transmission facility includes an electric

transmission line as defined in chapter 49-21.1 and other transmission line equipment,

including substations, transformers, and other equipment constructed to improve the

power delivery capability or reliability of the electric transmission system; and

operating costs include federally regulated costs charged to or incurred by the public

utility to increase regional transmission capacity or reliability. The tariff must:

a. Allow the public utility to recover on a timely basis its investment and associated

costs for new or modified electric transmission facilities not reflected in the utility's

general rate schedule;

b. Allow a return on the public utility's investment made for new or modified electric

transmission facilities at the level approved in the utility's most recent general rate

case;

c. Provide a current return on construction work in progress for new or modified

electric transmission facilities, provided the cost recovery from retail customers of

the allowance for funds used during construction is not sought through any other

means; and

d. Terminate cost recovery after the public utility's costs for new or modified electric

transmission facilities have been recovered fully or have been reflected in the

utility's general rate tariffs.

2. Rate adjustments filed under the tariff must be accompanied by:

a. A description and quantification of the costs incurred by the public utility for new

or modified electric transmission facilities which are subject to recovery;

b. A schedule for implementation of the applicable transmission facility projects;

c. Calculations to establish that the rate adjustment is consistent with the terms of

the tariff; and

d. An application fee in the amount of one hundred thousand dollars. Upon request

of the commission and with the approval of the emergency commission, the

applicant shall pay such additional fees as are reasonably necessary for

completion of the application process by the commission. The commission may

waive or reduce the fee.

3. Upon receipt of a rate adjustment filed under the tariff, the commission shall approve

the rate adjustment to become effective unless, after notice and opportunity for

hearing and comment, the commission determines the rate adjustment does not

comply with the tariff or the incurred costs for new or modified electric transmission

facilities are not reasonable and prudent. The commission shall pay the expenses of

investigating a rate adjustment for recovery of transmission facility costs under this

section from the application fee paid by the public utility in accordance with section

49-02-02.
N.D. Cent. Code § 49-20-10 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-10
49-20-10. Commission may require extension of electric transmission lines
Status: in_force

49-20-10. Commission may require extension of electric transmission lines

Whenever any city, or the inhabitants thereof within, or contiguous to, the territory served by

an electric transmission line operated by a public utility subject to the jurisdiction of the

commission shall desire to obtain the service furnished by such public utility, the proper

authorities of such city, or fifteen percent of the inhabitants thereof, may petition the commission

for the extension of such transmission line and service to, into, or through such municipality. The

commission thereupon shall enter into an investigation concerning the practicability and

reasonableness of such proposed extension and service and the public convenience and

necessity to be subserved thereby, and if, after notice and hearing, the commission finds that

such extension of line and service is practicable and can be made reasonably, taking into

consideration the amount of revenue likely to be derived therefrom and the prospect for a

reasonable return to the utility upon the value of such extension, and further finds that public

convenience and necessity will be subserved thereby, and that the city or territory contiguous

thereto is not already receiving electric service from another public utility or electric cooperative

corporation, the commission, by its order, shall require the extension of such line and service by

such public utility for the purpose of serving such municipality and the inhabitants thereof upon

condition that a franchise for such operation be granted to such public utility by the proper

authorities of such municipality, and upon such other terms and conditions as may be just and

reasonable. A certified copy of such order, when filed with the auditor of such municipality, shall

have the same force and effect as an application by the utility for a franchise. The commission

shall fix just and reasonable rates for such service and such reasonable rules and regulations

as may be necessary pertaining thereto.
N.D. Cent. Code § 49-02-15 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-15
49-02-15. Excessive or discriminatory charges - Reparation
Status: in_force

49-02-15. Excessive or discriminatory charges - Reparation

When complaint has been made to the commission concerning any rate or charge for any

product or commodity furnished or service performed by any public utility, and the commission

has found, upon a hearing after notice given as required by this title, that the public utility has

charged an excessive or discriminatory amount for such product, commodity, or service, in

excess of the schedules, rates, and tariffs on file with the commission, or has discriminated

under said schedules against the complainant, the commission may order that the public utility

make due reparation to the complainant therefor, with interest from the date of collection, if no

discrimination will result from such reparation.
N.D. Cent. Code § 49-20-13 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-13
49-20-13. Electric current - Fraudulent use - Misdemeanor
Status: repealed

49-20-13. Electric current - Fraudulent use - Misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-02-02.1 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-02.1
49-02-02.1. Applicant to pay cost of publishing notice
Status: in_force

49-02-02.1. Applicant to pay cost of publishing notice

When an application is filed under this title for which there is no application fee, the

applicant shall pay the cost of publishing any notice issued by the commission for the

application.
N.D. Cent. Code § 49-02-31 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-31
49-02-31. Purchase and retirement of renewable energy and recycled energy certificates to meet the objective
Status: repealed

49-02-31. Purchase and retirement of renewable energy and recycled energy

certificates to meet the objective.

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-02-12 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-12
49-02-12. System of accounts, records, and memoranda established
Status: in_force

49-02-12. System of accounts, records, and memoranda established

The commission shall:

1. Establish a system of accounts to be kept by a public utility subject to its jurisdiction.

2. Classify public utilities, establish a system of accounts for each class, and prescribe

the manner in which such accounts shall be kept.

3. Prescribe the forms for accounts, records, and memoranda to be kept by such public

utilities, including the accounts, records, and memoranda of the movement of traffic, as

well as of the receipts and expenditures of moneys, which the commission may deem

necessary to carry out any of the provisions of this title.
N.D. Cent. Code § 49-19-18 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-18
49-19-18. Joint action by commissions to regulate interstate commerce
Status: in_force

49-19-18. Joint action by commissions to regulate interstate commerce

Where pipelines within the scope of this chapter are engaged in interstate transportation of

oil, coal, or gas, the commission shall act jointly and in conjunction with the supervisory body

which exercises jurisdiction over and control of such pipelines within any other state for the

purpose of control, supervision, making joint rates for interstate transportation of oil, coal, or

gas, or any other matters within the scope of this chapter.
N.D. Cent. Code § 49-20-06 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-06
49-20-06. Apportionment of costs
Status: in_force

49-20-06. Apportionment of costs

The commission shall apportion between the interested parties the costs or additional costs

which may accrue from the adoption of plans, methods, or means in order to avoid, minimize, or

mitigate interference or hazard.
N.D. Cent. Code § 49-19-03 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-03
49-19-03. Enforcement of orders by commission
Status: in_force

49-19-03. Enforcement of orders by commission

The commission shall hear and determine complaints, require attendance of witnesses, and

institute suits and sue out such writs and process as may be necessary for the enforcement of

its orders.
N.D. Cent. Code § 49-10.1-09 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-09
49-10.1-09. Shipment of livestock
Status: repealed

49-10.1-09. Shipment of livestock

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-09-09 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-09
49-09-09. Sale under trust deed or upon mortgage foreclosure
Status: repealed

49-09-09. Sale under trust deed or upon mortgage foreclosure

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-21-10 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-10
49-21-10. Transmitting telecommunications from other telecommunications companies
Status: in_force

49-21-10. Transmitting telecommunications from other telecommunications

companies.

Every telecommunications company operating in this state shall receive, transmit, and

deliver, without discrimination or delay, the telecommunications of every other

telecommunications company with which a connection has been made.
N.D. Cent. Code § 49-05-12 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-12
49-05-12. Appeal from decision of commission
Status: in_force

49-05-12. Appeal from decision of commission

Any party to any proceeding heard by the commission feeling aggrieved by the decision or

by the entry of any final order of the commission therein may appeal therefrom to the district

court in the manner prescribed in chapter 28-32.
N.D. Cent. Code § 49-11-03 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-03
49-11-03. Railroad bridge must provide clear passage over highway
Status: in_force

49-11-03. Railroad bridge must provide clear passage over highway

When it shall be necessary in the construction of a railroad to erect a bridge or culvert over

any public highway or street, it shall be sufficient to construct the same so as to give a clear

passageway of twenty feet [6.10 meters] or two passageways of fourteen feet [4.27 meters]

each.
N.D. Cent. Code § 49-09-11.5 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.5
49-09-11.5. Interstate commerce commission certificate
Status: repealed

49-09-11.5. Interstate commerce commission certificate

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-01-01.1 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-01.1
49-01-01.1. Public service commission program fund - Transfer to general fund
Status: in_force

49-01-01.1. Public service commission program fund - Transfer to general fund

1. A special fund is established in the state treasury and designated as the public service

commission program fund. Moneys deposited in the fund may be spent by the public

service commission pursuant to legislative appropriation to defray the expenses of the

commission.

2. Revenue from the following sources must be deposited in the public service

commission program fund:

a. Any fees collected to test or calibrate weighing and measuring devices and

licensing of registered service companies and persons;

b. All money received from the public utility assessment;

c. All money received from the siting administrative fee; and

d. All interest and investment income earned on the balance of the fund.

3. The office of management and budget shall transfer any balance in the public service

commission program fund that exceeds one million one hundred thousand dollars to

the general fund at the end of each biennium.
N.D. Cent. Code § 49-21-02.3 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-02.3
49-21-02.3. Directors, trustees, officers, and managers - Immunity from civil liability
Status: in_force

49-21-02.3. Directors, trustees, officers, and managers - Immunity from civil liability

Directors, trustees, and officers of mutual telephone companies, and the manager of a

mutual telephone company who is the person most responsible for carrying out the policies and

directives of the trustees, officers, or board of directors, are immune from civil liability for any act

or omission relating to their service or function as a director, trustee, officer, or manager, unless

the act or omission constitutes gross or willful negligence or gross or willful misconduct.
N.D. Cent. Code § 49-04.1-02 — ND Code / Title 49 / Chapter 49-04.1 / Section 49-04.1-02
49-04.1-02. Civil action allowed
Status: in_force

49-04.1-02. Civil action allowed

1. A utility may bring a civil action for damages against any person who commits,

authorizes, solicits, aids, abets, or attempts any of the following acts which results in

loss to the utility:

a. Bypassing.

b. Tampering.

c. Unauthorized metering.

2. A utility may bring a civil action for damages pursuant to this section against any

person who knowingly receives utility service through means of bypassing, tampering,

or unauthorized metering.

3. In any civil action brought pursuant to this section, the utility is entitled, upon proof of

willful or intentional bypassing, tampering, or unauthorized metering, to recover one

thousand dollars or three times the amount of the actual loss, whichever is greater,

caused by the bypassing, tampering, or unauthorized metering, plus all reasonable

expenses and costs incurred on account of the bypassing, tampering, or unauthorized

metering. Reasonable expenses and costs include expenses and costs for

investigation, disconnection, reconnection, service calls, employees and equipment,

expert witnesses, costs of the suit, and reasonable attorneys' fees.
N.D. Cent. Code § 49-10.1-18 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-18
49-10.1-18. Determination of train speeds
Status: in_force

49-10.1-18. Determination of train speeds

If the governing body of a city proposes to establish a speed limit on trains passing through

its corporate limits and an agreement cannot be reached with the railway company operating

the railroad, the governing body of the city may file with the commission a petition that sets forth

the facts and requests the commission's assistance in resolving the matter.
N.D. Cent. Code § 49-09-12 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-12
49-09-12. Sale of railroad equipment under security agreement - How property marked
Status: repealed

49-09-12. Sale of railroad equipment under security agreement - How property

marked.

Repealed by S.L. 1975, ch. 431, § 9.
N.D. Cent. Code § 49-03-01.1 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01.1
49-03-01.1. Limitation on electric transmission and distribution lines, extensions, and service by electric public utilities
Status: in_force

49-03-01.1. Limitation on electric transmission and distribution lines, extensions, and

service by electric public utilities.

No electric public utility henceforth shall begin in the construction or operation of a public

utility plant or system or extension thereof without first obtaining from the commission a

certificate that public convenience and necessity require or will require such construction and

operation, nor shall such public utility henceforth extend its electric transmission or distribution

lines beyond or outside of the corporate limits of any municipality, nor shall it serve any

customer where the place to be served is not located within the corporate limits of a

municipality, unless and until, after application, such electric public utility has obtained an order

from the commission authorizing such extension and service and a certificate that public

convenience and necessity require that permission be given to extend such lines and to serve

such customer.
N.D. Cent. Code § 49-02-22 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-22
49-02-22. Charges for raising and lowering lines - Reimbursement for unreasonable delay
Status: in_force

49-02-22. Charges for raising and lowering lines - Reimbursement for unreasonable

delay.

Any party requesting the raising or lowering of electric supply and communication lines shall

be required to pay not more than the actual cost reasonably and necessarily incurred therefor.

The commission shall, upon application, and after notice and hearing, review and determine the

reasonableness of any charges assessed for the raising and lowering of electric supply and

communication lines, and if said charges are found unreasonable, the commission shall fix a

just and reasonable charge; provided, however, that any person, firm, corporation, or limited

liability company in charge of electric supply or communication lines, who shall fail, except for

good cause, to have said lines raised or lowered to permit the movement of buildings or other

bulky objects at the time agreed upon, shall be liable for reasonable costs, damages, and

expenses occasioned by such unreasonable delay.
N.D. Cent. Code § 49-11-25 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-25
49-11-25. How fence on railroad right of way to be constructed
Status: in_force

49-11-25. How fence on railroad right of way to be constructed

A fence required under the provisions of section 49-11-24 shall be constructed as follows:

1. Good posts shall be set in the ground firmly, and such posts shall be not more than

twenty feet [6.10 meters] apart.

2. There shall be securely fastened to such posts not less than four strands of barbed

wire. The top wire shall be not less than fifty-four inches [137.16 centimeters] above

the ground, the bottom wire shall be approximately sixteen inches [40.64 centimeters]

above the ground, and the two center wires shall equally divide the distance between

the top and bottom wires.

3. Instead of the barbed wire described in subsection 2, woven wire which is not less

than forty-eight inches [121.92 centimeters] wide may be used.
N.D. Cent. Code § 49-21-18 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-18
49-21-18. Party line - Refusal to surrender - Emergency
Status: repealed

49-21-18. Party line - Refusal to surrender - Emergency

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-06-21 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-21
49-06-21. Writs of attachment and garnishment summons to be issued
Status: repealed

49-06-21. Writs of attachment and garnishment summons to be issued

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-22-07.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-07.1
49-22-07.1. Letter of intent prior to construction
Status: repealed

49-22-07.1. Letter of intent prior to construction

Repealed by S.L. 2013, ch. 365, § 3.
N.D. Cent. Code § 49-16-03 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-03
49-16-03. Contributory negligence not bar to recovery
Status: in_force

49-16-03. Contributory negligence not bar to recovery

In all actions brought against a railroad corporation under or by virtue of any of the

provisions of this chapter to recover damages for personal injuries to, or the death of, any

employee, the fact that the employee had been guilty of contributory negligence shall not bar a

recovery, but the damages shall be diminished by the jury in proportion to the amount of

negligence attributed to such employee. No such employee who may be injured or killed shall

be held to have been guilty of contributory negligence in any case where the violation by such

railroad corporation of any state or federal statute, enacted for the safety of employees,

contributed to the injury or death of such employee.
N.D. Cent. Code § 49-02-11 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-11
49-02-11. Standards - Classification - Examinations - Provided by public service commission
Status: in_force

49-02-11. Standards - Classification - Examinations - Provided by public service

commission.

The commission shall:

1. Ascertain and fix just and reasonable standards, classifications, regulations, practices,

measurements, or services to be furnished, imposed, observed, and followed by all

public utilities.

2. Ascertain and fix adequate and serviceable standards for the measurement, quantity,

quality, pressure, initial voltage, or other condition pertaining to the supply of the

product, commodity, or service furnished or rendered by any such public utility.

3. Prescribe reasonable regulations for the examination and testing of such product,

commodity, or service and for the measurement thereof.

4. Establish reasonable rules, regulations, specifications, and standards to secure the

accuracy of all meters and appliances for measurements.

5. Provide for the examination and testing of any and all such appliances used for the

measurement of any product, commodity, or service of any public utility.
N.D. Cent. Code § 49-22-14 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-14
49-22-14. Advisory committees - Appointment - Compensation
Status: in_force

49-22-14. Advisory committees - Appointment - Compensation

The commission may appoint one or more advisory committees to assist it in carrying out its

duties under this chapter. Committees appointed to evaluate sites or corridors considered for

designation must be composed of as many persons as may be appointed by the commission,

but must include a majority of public representatives; at least one representative from the state

department of agriculture, a public or municipally owned utility, a private investor-owned utility,

and a cooperatively owned utility; and one representative from each county and city in which an

electric energy conversion facility or electric transmission facility is proposed to be located.

Members of advisory committees are entitled to be reimbursed, within the limits of legislative

appropriations, for any necessary expenses in the amounts provided by law for state officials.
N.D. Cent. Code § 49-16-08 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-08
49-16-08. Defenses of assumption of risk and contributory negligence barred
Status: in_force

49-16-08. Defenses of assumption of risk and contributory negligence barred

Any employee of a railroad corporation who, while in the performance of the employee's

duty and while engaged in any commerce subject to the regulative power of this title, may be

injured or killed by any locomotive, car, structure, or obstruction used or retained contrary to the

provisions of this title, shall not be deemed to have assumed the risk thereby occasioned or to

have been guilty of contributory negligence, although the employee continued in the employ of

such railroad corporation after the unlawful use of such locomotive, car, permanent overhead

structure, or obstruction shall have been brought to the employee's knowledge. Notwithstanding

the permission granted in this title to railroads to construct station or freight house platforms four

feet [1.22 meters] high measured from the top of the track rail and near to the centerline of the

track, any such structure shall be at the sole risk of the railroad corporation.
N.D. Cent. Code § 49-05-04 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-04
49-05-04. Application for increase of rates - Information required - Fee
Status: in_force

49-05-04. Application for increase of rates - Information required - Fee

Any public utility requesting an increase in its rates above the maximum approved or

prescribed by the commission shall furnish the commission:

1. The original cost of all its property.

2. The date of the acquisition of said property.

3. The amount of money invested in said property.

4. The amount of stock outstanding.

5. The amount of bonds outstanding against said property.

6. All books, papers, and memoranda of the utility showing the financial condition thereof.

7. Its total monthly salaries and wage expense for such time as the commission may

request.

8. An itemized statement of its expenditures.

9. The details of its profit and loss account.

10. All other books, papers, vouchers, and accounts which the commission shall ask to

have produced as evidence at the hearing.

11. An application fee in the amount of one hundred seventy-five thousand dollars. Upon

request of the commission and with the approval of the emergency commission, the

applicant shall pay such additional fees as are reasonably necessary for completion of

the application process by the commission. The commission shall pay the expenses of

investigating a rate increase application under this section from the application fee

paid by the public utility in accordance with section 49-02-02. The commission may

waive or reduce the fee.
N.D. Cent. Code § 49-22.1-15 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-15
49-22.1-15. Route adjustment before or during construction for gas or liquid transmission line
Status: in_force

49-22.1-15. Route adjustment before or during construction for gas or liquid

transmission line.

1. Before or during construction, a utility, without any action by the commission, may

adjust the route of a gas or liquid transmission line within the designated corridor if,

before conducting any construction activities associated with the adjustment, the utility

files with the commission certification and supporting documentation that:

a. The construction activities will be within the designated corridor;

b. The construction activities will not affect any known exclusion or avoidance areas

within the designated corridor; and

c. The utility will comply with the commission's order, laws, and rules designating

the corridor and designating the route.

2. Before or during construction, a utility may adjust the route of a gas or liquid

transmission line within the designated corridor that may affect an avoidance area if,

before conducting any construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities are within the designated corridor;

(2) The construction activities will not affect any known exclusion areas within

the designated corridor;

(3) The construction activities are expected to impact an avoidance area with a

specific description of the avoidance area expected to be impacted;

(4) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment, unless the utility previously received

authorization from the commission for the impact to the avoidance area;

(5) For an impact for which the utility does not already have approval or has not

filed the approval in paragraph 4, the utility has good cause and a specific

reason to impact the avoidance area, and a reasonable alternative does not

exist; and

(6) The utility will comply with the commission's order, laws, and rules

designating the corridor and designating the route.

b. Receives the commission's written authorization that the utility may impact the

avoidance area. If the commission does not authorize the impact to the

avoidance area, the utility must obtain siting authority for the affected portion of

the route adjustment. If the commission fails to act within ten working days of

receipt of the utility's filing of the certification and supporting documentation under

subdivision a of subsection 2, the route adjustment is deemed approved.

3. Before or during construction, a utility, without any action by the commission, may

adjust the route of a gas or liquid transmission line outside the designated corridor if,

before conducting any construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities will not affect any known exclusion or avoidance

areas;

(2) The route outside the corridor is no longer than one and one-half miles

[2.41 kilometers];

(3) The utility will comply with the commission's order, laws, and rules

designating the corridor and designating the route; and

(4) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area

encompassing the route outside the designated corridor equal to the length of the

adjustment of the proposed corridor.

4. Before or during construction, a utility may adjust the route of a gas or liquid

transmission line outside the designated corridor that may affect an avoidance area if,

before conducting any construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities will not affect any known exclusion areas;

(2) The construction activities are expected to impact an avoidance area with a

specific description of the avoidance area expected to be impacted;

(3) The utility has good cause and a specific reason to impact the avoidance

area, and a reasonable alternative does not exist;

(4) The route outside the corridor is no longer than one and one-half miles

[2.41 kilometers];

(5) The utility will comply with the commission's order, laws, and rules

designating the corridor and designating the route; and

(6) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area

encompassing the route outside the designated corridor equal to the length of the

adjustment of the proposed corridor.

c. Receives the commission's written authorization that the utility may impact the

avoidance area. If the commission does not authorize the impact to the

avoidance area, the utility must obtain siting authority for the affected portion of

the route adjustment. If the commission fails to act within ten working days of

receipt of the utility's filing of the certification and supporting documentation under

subdivisions a and b of subsection 4, the route adjustment is deemed approved.

5. The commission is not required to hold a public hearing or publish a notice of

opportunity for a public hearing for any route adjustment under this section.
N.D. Cent. Code § 49-11-02 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-02
49-11-02. Railroad bridges must be in good repair
Status: in_force

49-11-02. Railroad bridges must be in good repair

Every railroad corporation shall maintain and keep in good repair all bridges and their

abutments which the corporation shall construct for the purpose of enabling its road to pass

over or under any public highway, watercourse, or other way. Railroad corporations which have

transferred railway property to the public service commission in trust for the purposes of

reorganization or reopening are not liable for failure to maintain railroad bridges in good repair

during the period of trust.
N.D. Cent. Code § 49-10.1-06 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-06
49-10.1-06. Loading platforms
Status: repealed

49-10.1-06. Loading platforms

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-04-06 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-06
49-04-06. Acquiring stock or membership interest or business of another utility - Authorization by commission
Status: in_force

49-04-06. Acquiring stock or membership interest or business of another utility -

Authorization by commission.

No public utility, directly or indirectly, shall acquire the stock, membership interest, or

business of any other corporation or limited liability company incorporated for or organized for or

engaged in the same or a similar business or proposing to operate or operating under a

franchise from the same or any other authority unless authorized to do so by the commission.

No such transaction shall be binding upon the public without the approval of the commission.
N.D. Cent. Code § 49-11-12 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-12
49-11-12. District court may review commission's disapproval of plan for crossing railroad without stopping
Status: repealed

49-11-12. District court may review commission's disapproval of plan for crossing

railroad without stopping.

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-22.1-12 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-12
49-22.1-12. Cooperation with state and federal agencies and political subdivisions
Status: in_force

49-22.1-12. Cooperation with state and federal agencies and political subdivisions

The commission may, and is encouraged to, cooperate with and receive and exchange

technical information and assistance from and with any department, agency, or officer of any

state or of the federal government to eliminate duplication of effort, to establish a common

database, or for any other purpose relating to the provisions of this chapter. The commission

shall cooperate and exchange technical information with directly impacted political subdivisions

as outlined in subsection 2 of section 49-22.1-13.
N.D. Cent. Code § 49-25-05 — ND Code / Title 49 / Chapter 49-25 / Section 49-25-05
49-25-05. Annual report
Status: in_force

49-25-05. Annual report

1. An electric public utility or electric transmission provider with a wildfire mitigation plan

on file may submit an annual report detailing the utility's compliance with the plan to

the commission, no later than December thirty-first of each year the plan is effective. If

the utility submits an annual report, the utility shall publish the report on its website.

2. A rural electric cooperative, municipal electric utility, or municipal joint action agency

with a wildfire mitigation plan may submit an annual report to its board of directors or

governing body summarizing the rural electric cooperative's, municipal electric utility's,

or municipal joint action agency's compliance with its approved wildfire mitigation plan.

The rural electric cooperative, municipal electric utility, or municipal joint action agency

shall publish the report on its website.
N.D. Cent. Code § 49-22-13 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-13
49-22-13. Public hearings - Notice
Status: in_force

49-22-13. Public hearings - Notice

1. The commission shall hold a public hearing in each county in which any portion of a

site, corridor, or route is proposed to be located in an application for a certificate or a

permit. If the commission determines there is an emergency that would prevent an

in-person hearing in the county in which any portion of a site, corridor, or route is

proposed, a remote public hearing may be held. At the public hearing, any person may

present testimony or evidence relating to the information provided in the application,

the criteria developed pursuant to section 49-22-05.1, and the factors to be considered

pursuant to section 49-22-09. If the commission determines there are no adequate

facilities to conduct a public hearing within the county in which any portion of a site,

corridor, or route is proposed to be located in, the public hearing must be held in the

nearest adequate location. When more than one county is involved, the commission

may hold a consolidated hearing in one or more of the affected counties. A hearing for

any county shall not be consolidated if five or more affected landowners in such county

file a petition with the commission within ten days of the publication of the notice of

hearing.

2. The commission shall not be required to hold a public hearing on an application for the

transfer of a certificate or a permit, or an application for a waiver of procedures and

time schedules, but shall publish a notice of opportunity for a public hearing in the

official newspaper of each county in which any portion of the facility or the proposed

site, corridor, or route is located. If requested by any interested person and good

cause has been shown therefor, the commission shall hold a public hearing. Where

more than one county is involved, the commission may hold a consolidated hearing in

one or more of the affected counties.

3. One or more public hearings shall be held at a location or locations determined by the

commission concerning the following matters:

a. A substantial or material change in the criteria established pursuant to section

49-22-05.1.

b. A substantial or material change in the rules adopted pursuant to section

49-22-18.

c. The revocation or suspension of a certificate or permit.

4. Notice of a public hearing must be given by the commission by service on such

persons and agencies that the commission may deem appropriate and twice by

publication at a reasonable interval before the hearing. Notice of a public hearing and

notice of opportunity for a public hearing on an application for a certificate, a permit, a

transfer or amendment of a certificate or permit, or a waiver shall be given at the

expense of the applicant.

5. The commission may hold a technical hearing on an application by the commission's

own motion or by motion of a directly interested person. During a technical hearing the

parties shall be afforded an opportunity to present evidence, examine witnesses, and

cross-examine witnesses as permitted under sections 28-32-24 and 28-32-25.
N.D. Cent. Code § 49-22-25 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-25
49-22-25. Approval for temporary operation or variance
Status: in_force

49-22-25. Approval for temporary operation or variance

1. The commission may approve temporary operation of facilities or a temporary variance

from approved construction, operation, or maintenance of facilities upon a showing of

good cause and receipt of a utility certification that the activities will have no adverse

impacts upon the welfare of the citizens of this state or the environment.

2. The commission may issue a temporary approval or variance without the necessity of

notice, publication, or public hearing with any additional terms, conditions, or

modifications deemed necessary to minimize impacts.
N.D. Cent. Code § 49-19-09 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-09
49-19-09. Permission to secure right of way - Condition
Status: in_force

49-19-09. Permission to secure right of way - Condition

The right to lay, maintain, and operate pipelines, together with telecommunications lines

incidental to and designed for use only in connection with the operation of such lines along,

across, or under any public stream or highway in this state, is conferred upon all common

pipeline carriers. Any person, firm, limited partnership, joint-stock association, corporation, or

limited liability company may acquire the right to construct pipelines and such incidental

telecommunications lines along, across, or over any public road or highway in this state by filing

with the commission an acceptance of the provisions of this chapter, expressly agreeing in

writing that in consideration of the rights so acquired, the applicant shall be and become a

common pipeline carrier, subject to the duties and obligations conferred or imposed in this

chapter. Such right to run along, across, or over any public road or highway, as herein provided

for, can be exercised only upon condition that the traffic thereon shall not be interfered with, that

such road or highway shall be restored promptly to its former condition of usefulness, and that

the restoration thereof shall be subject also to the supervision of the board of county

commissioners of the county in which said highway is situated.
N.D. Cent. Code § 49-10.1-22 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-22
49-10.1-22. Railroad training program
Status: in_force

49-10.1-22. Railroad training program

All railroads shall make training available to all fire departments having jurisdiction along

routes traversed by unit oil trains. Training must be made available by June 30, 2016, with

refresher training made available at least every three years thereafter. Training must address

the general hazards of oil and hazardous substances, techniques to assess hazards to the

environment and to the safety of responders and the public, factors an incident commander

must consider in determining whether to attempt to suppress a fire or to evacuate the public and

emergency responders from the area, and other strategies for initial response by local

emergency responders. Training must include suggested protocol or practices for local

responders to safely accomplish these tasks.
N.D. Cent. Code § 49-22.1-07 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-07
49-22.1-07. Application for a permit - Notice of filing - Amendment - Designation of a route
Status: in_force

49-22.1-07. Application for a permit - Notice of filing - Amendment - Designation of a

route.

1. An application for a route permit for a gas or liquid transmission facility within a

designated corridor must be filed no later than two years after the issuance of the

certificate and must be in the form the commission prescribes, containing the following

information:

a. A description of the type, size, and design of the proposed facility.

b. A description of the location of the proposed facility.

c. An evaluation of the proposed route with regard to the applicable considerations

set out in section 49-22.1-09 and the criteria established pursuant to section

49-22.1-03.

d. A description of mitigative measures that will be taken to minimize all foreseen

adverse impacts resulting from the location, construction, and operation of the

proposed facility.

e. A description of the right-of-way preparation and construction and reclamation

procedures.

f. A statement setting forth the manner in which:

(1) The utility will inform affected landowners of easement acquisition, and

necessary easement conditions and restrictions.

(2) The utility will compensate landowners for easements, without reference to

the actual consideration to be paid.

g. Any other information the utility considers relevant or the commission requires.

2. After determining the application is complete, the commission shall serve a notice of

filing of the application on those persons and agencies the commission deems

appropriate and shall publish a notice of filing of the application in the official

newspaper of each county in which any portion of the designated corridor is located.

3. A copy of the application must be furnished to any person or agency, upon request to

the commission within thirty days of either service or publication of the notice of filing.

4. An application for an amendment of a permit must be in the form and contain the

information the commission prescribes.

5. The commission shall designate a route for the construction of a gas or liquid

transmission facility following the study and hearings provided for in this chapter. This

designation must be made in accordance with the evidence presented at the hearings,

an evaluation of the information provided in the application, the criteria established

pursuant to section 49-22.1-03, and the considerations set out in section 49-22.1-06 in

a finding with reasons for the designation, and must be made in a timely manner no

later than six months after the filing of a completed application. The time for

designation of a route may be extended by the commission for just cause. The failure

of the commission to act within the time limit provided in this section does not operate

to divest the commission of jurisdiction in any permit proceeding. Upon designation of

a route the commission shall issue a permit to the applicant with the terms, conditions,

or modifications deemed necessary.
N.D. Cent. Code § 49-19-19 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-19
49-19-19. Discrimination between shippers in facilities furnished, service rendered, and rates prohibited
Status: in_force

49-19-19. Discrimination between shippers in facilities furnished, service rendered,

and rates prohibited.

No common pipeline carrier may discriminate between or against shippers in regard to

facilities furnished, services rendered, or rates charged under the same or similar circumstances

in the transportation of crude petroleum, coal, gas, or carbon dioxide, nor may there be any

discrimination in the transportation of crude petroleum, coal, gas, or carbon dioxide produced or

purchased by itself directly or indirectly. In this connection the pipeline must be considered as a

shipper of the crude petroleum, coal, gas, or carbon dioxide produced or purchased by itself

directly or indirectly and handled through its facilities. No such carrier in such operation, directly

or indirectly, may charge, demand, collect, or receive from anyone a greater or lesser

compensation for any service rendered than from another for a like contemporaneous service.

This does not limit the right of the commission to prescribe rates and regulations from or to

some places different from other rates or regulations for transportation from or to other places

as it may determine, nor is any carrier guilty of discrimination when obeying any order of the

commission. Where there is offered for transportation more crude petroleum, coal, or carbon

dioxide than can be transported immediately, the same must be apportioned equitably. Gas

must be taken on a pro rata basis or on such basis as may be established by the industrial

commission pursuant to section 38-08-06.
N.D. Cent. Code § 49-22-19 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-19
49-22-19. Hearing - Judicial review
Status: in_force

49-22-19. Hearing - Judicial review

Any party aggrieved by the issuance of a certificate of site compatibility or electric

transmission facility construction permit from the commission, certification of continuing

suitability filed by a utility with the commission, or promulgation of a final order by the

commission, may request a rehearing by the commission. The hearing must be conducted

pursuant to chapter 28-32. There is a right of appeal to the district court from any adverse ruling

by the commission.
N.D. Cent. Code § 49-04-14 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-14
49-04-14. Penalty for issuing free passes
Status: repealed

49-04-14. Penalty for issuing free passes

Repealed by S.L. 1975, ch. 431, § 9.
N.D. Cent. Code § 49-04.1-01 — ND Code / Title 49 / Chapter 49-04.1 / Section 49-04.1-01
49-04.1-01. Definitions
Status: in_force

49-04.1-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Bypassing" means the act of attaching, connecting, or in any manner affixing any

wire, cord, socket, motor or other instrument, device, or contrivance to the utility supply

system or any part thereof in a manner as to transmit, supply, or use any utility service

without passing through an authorized meter for measuring or registering the amount

of utility service.

2. "Customer" means the person responsible for payment for utility services for the

premises and includes employees and agents of the customer.

3. "Tampering" means damaging, altering, adjusting, or in any manner interfering with or

obstructing the action or operation of any meter provided for measuring or registering

the amount of utility service passing through the meter.

4. "Unauthorized metering" means removing, moving, installing, connecting,

reconnecting, or disconnecting any meter or metering device for utility service by a

person other than an authorized employee or agent of a utility.

5. "Utility" means any public utility, municipally owned utility, or cooperative utility which

provides electricity, gas, or water, or any combination thereof, for sale to consumers.

6. "Utility service" means the provision of electricity, gas, water, or any other service or

commodity furnished by the utility for compensation.

7. "Utility supply system" includes all wires, conduits, pipes, cords, sockets, motors,

meters, instruments, and all other devices used by the utility for the purpose of

providing utility service.
N.D. Cent. Code § 49-22.1-20 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-20
49-22.1-20. Penalties
Status: in_force

49-22.1-20. Penalties

1. Any person required by this chapter to have a certificate or permit who willfully begins

construction of a gas or liquid energy conversion facility or gas or liquid transmission

facility without previously securing a certificate or permit as prescribed by this chapter,

or who willfully constructs, operates, or maintains a gas or liquid energy conversion

facility or gas or liquid transmission facility other than in compliance with the certificate

or permit and any terms, conditions, and modifications contained in the certificate or

permit is guilty of a class A misdemeanor.

2. Any person who willfully violates any regulation issued or approved pursuant to this

chapter or who willfully falsifies, tampers with, or renders inaccurate any monitoring

device or method required to be maintained under this chapter is guilty of a class A

misdemeanor.

3. Any person who willfully engages in any of the following conduct is subject to a civil

penalty of not to exceed ten thousand dollars for each violation for each day the

violations persist, except the maximum penalty may not exceed two hundred thousand

dollars for any related series of violations:

a. Begins construction of a gas or liquid energy conversion facility or a gas or liquid

transmission facility without having been issued a certificate or permit pursuant to

this chapter.

b. Constructs, operates, or maintains a gas or liquid energy conversion facility or a

gas or liquid transmission facility other than in compliance with the certificate or

permit and any terms, conditions, or modifications contained therein.

c. Violates any provision of this chapter or any rule adopted by the commission

pursuant to this chapter.

d. Falsifies, tampers with, or renders inaccurate any monitoring device or method

required to be maintained pursuant to a certificate or permit issued pursuant to

this chapter.

4. The civil penalty provided for in subsection 3 may be compromised by the commission.

The amount of the penalty when finally determined or agreed upon in compromise

must be deposited in the general fund and, if not paid, may be recovered in a civil

action in the courts of the state.

5. Notwithstanding any other provision of this chapter, the commission may, by injunctive

procedures, without bond or other undertaking, proceed against any person that

willfully engages in any conduct described in subsection 3. No liability may accrue to

the commission or its authorized representative in proceeding against any person

pursuant to this section.
N.D. Cent. Code § 49-10.1-03 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-03
49-10.1-03. Regulatory powers
Status: in_force

49-10.1-03. Regulatory powers

The commission shall regulate all railroads carrying property or passengers within this state.

The commission, to the extent not inconsistent with federal law, shall:

1. Prevent unfair competition, unjust discrimination, or undue or unreasonable

preferences between shippers or consignees by lines of competing railroads.

2. Require the filing of reports and data by railroads as the commission may determine to

be necessary to allow it to carry out its regulatory functions under this chapter and

other provisions of law.

3. Regulate railroads in all matters affecting the relations between railroads and the

public to the end that this chapter may be fully and completely carried out.
N.D. Cent. Code § 49-21-06 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-06
49-21-06. Complaint against prices
Status: in_force

49-21-06. Complaint against prices

There is a rebuttable presumption that prices for essential telecommunications services in

effect on July 1, 1989, are fair and reasonable. Any person may complain to the commission, or

the commission on its own motion may complain and begin investigation, of the

reasonableness, fairness, or adequacy of any price for any essential or nonessential service.

Any notice and hearing by the commission will be provided in accordance with chapter 28-32

and the commission can only set aside, after notice and hearing, any price for a service it

investigates pursuant to this section which it determines to be unreasonable, unfair, or

inadequate. This section must be construed to authorize the commission to set aside any

unreasonable, unfair, or inadequate price set by a telecommunications company for the

connection between facilities of two or more telecommunications companies and for the transfer

of telecommunications, provided this section may not be construed to set aside any price set by

contract between telecommunications companies and in effect on July 1, 1989, upon complaint

by one of the parties to the contract that the price is unreasonably high.
N.D. Cent. Code § 49-22.1-16 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-16
49-22.1-16. Improvement of sites or locations
Status: in_force

49-22.1-16. Improvement of sites or locations

Utilities that have acquired a gas or liquid energy conversion facility site or gas or liquid

transmission line route in accordance with this chapter may proceed to construct or improve

such site or route for the intended purposes at any time, subject to subsections 2 and 3 of

section 49-22.1-13; provided, that if the construction and improvement commences more than

four years after a certificate or permit for the site or route has been issued, the utility must certify

to the commission that the site or route continues to meet the conditions upon which the

certificate of site compatibility or gas or liquid transmission facility construction permit was

issued.
N.D. Cent. Code § 49-10.1-05 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-05
49-10.1-05. Railroad police
Status: in_force

49-10.1-05. Railroad police

Railroad police officers who are designated by a railroad to be licensed under the laws of

this state, while within the scope of employment with the railroad, have the authority of a "law

enforcement officer" as defined under section 12.1-01-04 for the purpose of:

1. Arresting an individual committing a felony on railroad property or associated with

railroad equipment;

2. Arresting an individual committing a misdemeanor involving railroad property or

relating to persons or property being transported by the railroad, or awaiting

transportation by the railroad;

3. Issuing a citation to an individual committing an infraction or noncriminal offense on or

relating to railroad property, or to individuals or property being transported by the

railroad, or awaiting transportation by the railroad; and

4. Removing an individual from a train who has no right to be there, or who is engaging in

a conduct prohibited by title 12.1.
N.D. Cent. Code § 49-23-07 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-07
49-23-07. Effect on local ordinances
Status: in_force

49-23-07. Effect on local ordinances

A person with a permit for excavation from the state or a local governmental unit is subject

to this chapter. This chapter does not affect or impair local ordinances, charters, or other

provisions of law requiring permits to be obtained before excavating.
N.D. Cent. Code § 49-09-11.6 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.6
49-09-11.6. Public service commission authorized to conduct periodic meetings concerning future operation of railroads
Status: repealed

49-09-11.6. Public service commission authorized to conduct periodic meetings

concerning future operation of railroads.

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-02-07 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-07
49-02-07. Appliances tested on request of consumer - Fee for testing
Status: in_force

49-02-07. Appliances tested on request of consumer - Fee for testing

Any consumer or user of any product, commodity, or service of a public utility may have any

appliance used in the measurement thereof tested by paying the fees fixed by the commission.

The commission shall establish and fix reasonable fees to be paid for testing such appliances.
N.D. Cent. Code § 49-09.1-09 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-09
49-09.1-09. Operational relocation
Status: in_force

49-09.1-09. Operational relocation

1. A railroad may require a utility to relocate a facility if the railroad determines relocation

is essential to accommodate railroad operations, and the relocation is not arbitrary or

unreasonable. Before agreeing to the relocation, a utility may require a railroad to

provide a statement and supporting documentation identifying the operational

necessity for requesting the relocation. A utility shall perform the relocation within a

reasonable period of time following the agreement.

2. The relocation must be to a location mutually agreed upon by the railroad and utility,

within the railroad right of way.

3. Relocation is at the expense of the utility. The crossing fee under section 49-09.1-05

may not be imposed for relocation.
N.D. Cent. Code § 49-19-17 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-17
49-19-17. Pipeline carriers to make and publish tariffs
Status: in_force

49-19-17. Pipeline carriers to make and publish tariffs

Common pipeline carriers shall make and publish their tariffs under such rules and

regulations as may be prescribed by the commission.
N.D. Cent. Code § 49-20-12.1 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-12.1
49-20-12.1. Notice of change in topography of lands under or adjacent to electric transmission or telecommunications lines
Status: in_force

49-20-12.1. Notice of change in topography of lands under or adjacent to electric

transmission or telecommunications lines.

Before any change is made in the topography of lands under, or adjacent to, any electric

transmission or telecommunications lines, which change would increase the hazard to travel, or

to persons or property, the one proposing to make such change shall, except in the case of an

emergency, at least ten days before proceeding therewith, notify the public utility or cooperative

corporation operating such electric transmission or telecommunications lines. Such notification

shall clearly state the nature and location of the proposed change in topography and shall be

sent to such public utility or cooperative corporation at its principal place of business within the

state by registered or certified mail. In case of an emergency, when ten days' notice cannot be

given, notice shall be given, as herein provided, prior to proceeding with such change.
N.D. Cent. Code § 49-03.1-03 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-03
49-03.1-03. Certificate application
Status: in_force

49-03.1-03. Certificate application

Application for a certificate of public convenience and necessity shall be made upon forms

prescribed by the commission. The commission shall make regulations for the filing of such

application. The application must contain a financial statement, a description of the type of

service to be offered, a map and description of the area to be served, and a list of all other

public utilities providing similar service in the area. Upon the filing of an application for a

certificate of public convenience and necessity, the commission shall set a hearing date which

shall not be less than twenty days after the filing. The commission shall cause notice of the

hearing to be served by certified mail, at least ten days before the day of hearing, upon every

public utility which is operating, or which has applied for a certificate of public convenience and

necessity, in the area proposed to be served by the applicant, and on other interested parties as

determined by the commission. The commission shall impose an application fee of up to ten

thousand dollars for an application under this chapter. With the approval of the emergency

commission, the commission may impose an additional amount. The commission shall pay the

expenses of processing an application under this chapter from the application fee paid by the

public utility in accordance with section 49-02-02.
N.D. Cent. Code § 49-19-13 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-13
49-19-13. Hearings on rates of pipeline carrier - Power of commission
Status: in_force

49-19-13. Hearings on rates of pipeline carrier - Power of commission

The commission shall establish and enforce rates or charges and regulations for gathering,

transporting, loading, and delivering crude petroleum, coal, or gas by common pipeline carriers

in this state, and for the use of storage facilities necessarily incident to such transportation, and

shall prescribe and enforce rules and regulations for the government and control of such

common pipeline carriers in respect to their pipelines and receiving, transferring, and loading

facilities. It shall exercise such power upon petition by any person showing substantial interest

in the subject matter. No order establishing or prescribing rates, rules, and regulations shall be

made except after hearing and notice to the common pipeline carrier affected.
N.D. Cent. Code § 49-06-03 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-03
49-06-03. Value of goodwill not to be considered in ratemaking
Status: in_force

49-06-03. Value of goodwill not to be considered in ratemaking

The value of public utility property for ratemaking purposes shall not include or be affected

by goodwill value, going concern value, or franchise value in excess of payments made therefor.
N.D. Cent. Code § 49-22-09 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-09
49-22-09. Factors to be considered in evaluating applications and designation of sites, corridors, and routes
Status: in_force

49-22-09. Factors to be considered in evaluating applications and designation of

sites, corridors, and routes.

1. The commission shall be guided by, but is not limited to, the following considerations,

where applicable, to aid the evaluation and designation of sites, corridors, and routes:

a. Available research and investigations relating to the effects of the location,

construction, and operation of the proposed facility on public health and welfare,

natural resources, and the environment.

b. The effects of new electric energy conversion and electric transmission

technologies and systems designed to minimize adverse environmental effects.

c. The potential for beneficial uses of waste energy from a proposed electric energy

conversion facility.

d. Adverse direct and indirect environmental effects that cannot be avoided should

the proposed site or route be designated.

e. Alternatives to the proposed site, corridor, or route which are developed during

the hearing process and which minimize adverse effects.

f. Irreversible and irretrievable commitments of natural resources should the

proposed site, corridor, or route be designated.

g. The direct and indirect economic impacts of the proposed facility.

h. Existing plans of the state, local government, and private entities for other

developments at or in the vicinity of the proposed site, corridor, or route.

i. The effect of the proposed site or route on existing scenic areas, historic sites

and structures, and paleontological or archaeological sites.

j. The effect of the proposed site or route on areas unique because of biological

wealth or because the areas are habitats for rare and endangered species.

k. Problems raised by federal agencies, other state agencies, and local entities.

2. The commission may not condition the issuance of a certificate or permit on the

applicant providing a mitigation payment assessed or requested by another state

agency or entity to offset a negative impact on wildlife habitat.

3. Before the commencement of operations of the proposed facility, the applicant shall

inform the commission that the applicant has executed or filed an unexecuted

generation interconnection agreement, or comparable transmission services

agreement, with the affected regional transmission organization or transmission owner.
N.D. Cent. Code § 49-06-01 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-01
49-06-01. Valuation of property as basis for determining reasonableness of rates
Status: in_force

49-06-01. Valuation of property as basis for determining reasonableness of rates

The commission, for the purpose of ascertaining just and reasonable rates and charges of

public utilities, or for any other purpose authorized by law, shall investigate and determine the

value of the property of every public utility, except railroads and motor carriers, used and useful

for the service and convenience of the public, excluding therefrom the value of any franchise or

right to own, operate, or enjoy the same in excess of the amount, exclusive of any tax or annual

charge, actually paid to any political subdivision of the state as a consideration for the grant of

the franchise or right, and exclusive of any value of the right by reason of a monopoly or merger.

The commission shall prescribe the details of the inventory of the property of each public utility

to be valued.
N.D. Cent. Code § 49-01-15 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-15
49-01-15. Charges for copies and records determined by the public service commission
Status: in_force

49-01-15. Charges for copies and records determined by the public service

commission.

The commission shall determine and fix all charges for furnishing copies, records, reports,

and evidence. All fees charged and collected under this section, except those for transcripts of

evidence which shall be paid to the person preparing such transcripts, shall be paid into the

general fund of the state treasury.
N.D. Cent. Code § 49-04-19 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-19
49-04-19. Security interests against transmitting utilities - Filing instruments with secretary of state
Status: in_force

49-04-19. Security interests against transmitting utilities - Filing instruments with

secretary of state.

1. When used in this section, the term "transmitting utility" means persons, corporations,

limited liability companies, or other legal entities, and lessees, trustees and receivers,

now or hereafter operating, maintaining, or controlling in this state equipment or

facilities for the production, generation, transmission, or distribution of electric or

telecommunications services or the transmission or distribution of crude oil, gas,

petroleum products, steam, or water by pipeline.

2. a. Notwithstanding the provisions of section 41-09-30 and sections 41-09-72

through 41-09-97, all filings required under the Uniform Commercial Code in

order to perfect a security interest against the personal property or fixtures of a

debtor transmitting utility shall be made and maintained only in the office of the

secretary of state of North Dakota.

b. When the financing statement covers goods of a transmitting utility as herein

defined which are or are to become fixtures, no description of the real estate to

which such fixtures are or may become attached is required.

c. Filing of a financing statement against the property of a transmitting utility is

effective until five years after the maturity date contained therein in the case of

personal property and until fifteen years after the maturity date in the case of

fixtures annexed to real property, or if no maturity date is contained therein, until

released or terminated.

3. Unless displaced by the specific provisions of this section, the Uniform Commercial

Code and other applicable laws remain in full force and effect and supplement the

provisions of this section.
N.D. Cent. Code § 49-02-28 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-28
49-02-28. State renewable and recycled energy objective
Status: repealed

49-02-28. State renewable and recycled energy objective

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-01-03 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-03
49-01-03. Oath of public service commissioners
Status: in_force

49-01-03. Oath of public service commissioners

Each commissioner before entering upon the duties of the office shall take the oath required

of civil officers.
N.D. Cent. Code § 49-01-02 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-02
49-01-02. Public service commission - How constituted
Status: in_force

49-01-02. Public service commission - How constituted

The three persons elected public service commissioners, pursuant to the provisions of

article V, section 2, of the Constitution of North Dakota, constitute and shall be known and

designated as the public service commission of the state of North Dakota. They shall elect one

of their number chairman of the commission and shall appoint a secretary.
N.D. Cent. Code § 49-20-07 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-07
49-20-07. Rules and regulations adopted by commission
Status: repealed

49-20-07. Rules and regulations adopted by commission

Repealed by omission from this code.
N.D. Cent. Code § 49-11-06 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-06
49-11-06. Railroad crossings - Construction and maintenance
Status: in_force

49-11-06. Railroad crossings - Construction and maintenance

1. A public highway-railroad crossing at grade shall be constructed of a grade of earth on

one or both sides of the railroad track, as the location may require, for the entire width

of the highway grade but in no case less than twenty feet [6.10 meters] in width, the

middle point of which shall be as nearly as practicable at the middle point of the

highway and such grade shall be of such slope as shall be necessary for the safety

and convenience of the traveling public.

2. Firmly fastened planks, concrete, asphalt, or other suitable material for highway

construction shall be used on and for the full length of the ties used in the roadbed of

such railway where such crossing occurs. The highway material next inside of the rail

shall not be more than two and one-half inches [6.35 centimeters] from the inside

surface of such rail. The highway material used in the crossing shall not be less than

three inches [7.62 centimeters] in thickness, and shall be laid so that the upper surface

of the highway material shall be on a level with the upper surface of the rail.

3. At such time as tracks through a railroad crossing are raised or otherwise altered by

the railroad, the railroad shall, unless otherwise ordered by the commission, adjust and

restore the crossing and the highway approaches, surfaces, and grades as shall be

necessary for the safety and convenience of the traveling public. At such time as a

public highway at a railroad crossing is altered by the road authority, the road authority

at its expense shall adjust and restore the crossing and the highway approaches,

surfaces, and grades as shall be necessary for the safety and convenience of the

traveling public.

4. It shall be the duty of the railroad to maintain all railroad crossings in a safe and

convenient condition for the traveling public. Such responsibility for maintenance shall

be limited to that portion of the crossing lying between the tracks and for two feet [.61

meters] beyond the ends of the crossties on each side of the crossing.
N.D. Cent. Code § 49-22.1-19 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-19
49-22.1-19. Revocation or suspension of certificate or permit
Status: in_force

49-22.1-19. Revocation or suspension of certificate or permit

A certificate of site compatibility or permit for the construction of a gas or liquid transmission

facility may be revoked or suspended for:

1. Any material false statement in the application or in accompanying statements or

studies required of the applicant.

2. Failure to comply with the certificate or permit or any terms, conditions, or

modifications contained in the certificate or permit.

3. Violations of this chapter or rules adopted pursuant to this chapter by the commission.

4. A determination by a district court pursuant to section 49-22.1-14.
N.D. Cent. Code § 49-11-07 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-07
49-11-07. Railroad crossing - Failure to construct or maintain - Penalty
Status: repealed

49-11-07. Railroad crossing - Failure to construct or maintain - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-21-31 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-31
49-21-31. Performance assurance fund - Continuing appropriation
Status: in_force

49-21-31. Performance assurance fund - Continuing appropriation

The performance assurance fund is a special fund in the state treasury. The commission

shall deposit payments received by the commission under the performance assurance plan in

the performance assurance fund until the balance of the fund equals one hundred thousand

dollars. Up to one hundred thousand dollars per biennium of moneys in the fund are

appropriated on a continuing basis to the commission to monitor the operation and effect of the

performance assurance plan. All the payments received by the commission in excess of the one

hundred thousand dollars balance in the performance assurance fund must be deposited in the

general fund.
N.D. Cent. Code § 49-07-06 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-06
49-07-06. Cumulative penalties - Not a bar to contempt
Status: in_force

49-07-06. Cumulative penalties - Not a bar to contempt

All penalties accruing under this title shall be cumulative and a suit for the recovery of one

penalty shall not:

1. Bar nor affect the recovery of any other penalty or forfeiture; nor

2. Bar any criminal prosecution against any public utility or any officer, manager, director,

governor, agent, or employee thereof, or any other corporation, limited liability

company, or person; nor

3. Bar the power to punish for contempt.
N.D. Cent. Code § 49-04-17 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-17
49-04-17. Reasonable rules and regulations by public utility
Status: in_force

49-04-17. Reasonable rules and regulations by public utility

All rules and regulations made by any public utility affecting or pertaining to its rates or

services to the public shall be just and reasonable.
N.D. Cent. Code § 49-02-33 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-33
49-02-33. Verification of generation and of purchase of renewable energy and recycled energy certificates
Status: repealed

49-02-33. Verification of generation and of purchase of renewable energy and

recycled energy certificates.

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-07-04 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-04
49-07-04. Personal liability of officer, agent, or employee - Penalty
Status: repealed

49-07-04. Personal liability of officer, agent, or employee - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-05-18 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-18
49-05-18. Planning reserve margin - Penalty
Status: in_force

49-05-18. Planning reserve margin - Penalty

The commission may require action, assess a disallowance or fine, or provide a penalty in

accordance with chapter 49-07 if an electric public utility fails to meet the minimum capacity

requirement and reserve margin. Unless otherwise set by the commission, the minimum

capacity requirement and planning reserve margin is as set by the regional transmission

organization to which the electric public utility belongs.
N.D. Cent. Code § 49-22.1-13 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-13
49-22.1-13. Effect of issuance of certificate or permit - Local land use, zoning, or building rules, regulations, or ordinances - State agency rules
Status: in_force

49-22.1-13. Effect of issuance of certificate or permit - Local land use, zoning, or

building rules, regulations, or ordinances - State agency rules.

1. The issuance of a certificate of site compatibility or a route permit is, subject to

subsections 2 and 3, the sole site or route approval required to be obtained by the

utility.

2. a. A certificate of site compatibility for a gas or liquid energy conversion facility may

not supersede or preempt any local land use; zoning; or building rules,

regulations, or ordinances, and a site may not be designated which violates local

land use; zoning; or building rules, regulations, or ordinances.

b. Except as provided in this section, a permit for the construction of a gas or liquid

transmission facility within a designated corridor supersedes and preempts any

local land use or zoning regulations.

c. Before a gas or liquid transmission facility is approved, the commission shall

require the applicant to comply with the road use agreements of the impacted

political subdivision. A permit may supersede and preempt the requirements of a

political subdivision if the applicant shows by a preponderance of the evidence

the regulations or ordinances are unreasonably restrictive in view of existing

technology, factors of cost or economics, or needs of consumers regardless of

their location, or are in direct conflict with state or federal laws or rules.

d. When an application for a certificate for a gas or liquid transmission facility is

filed, the commission shall notify the townships with retained zoning authority,

cities, and counties in which any part of the proposed corridor is located. The

commission may not schedule a public hearing sooner than forty-five days from

the date notification is sent by mail or electronic mail. Upon notification, a political

subdivision shall provide a listing to the commission of all local requirements

identified under this subsection. The requirements must be filed at least ten days

before the hearing or the requirements are superseded and preempted.

e. An applicant shall comply with all local requirements provided to the commission

pursuant to subdivision d, which are not otherwise superseded by the

commission.

3. Utilities subject to this chapter shall obtain state permits that may be required to

construct and operate gas or liquid energy conversion facilities and gas or liquid

transmission facilities. A state agency in processing a utility's facility permit application

is bound to the decisions of the commission with respect to the site designation for the

gas or liquid energy conversion facility or the corridor or route designation for the gas

or liquid transmission facility and with respect to other matters for which authority has

been granted to the commission by this chapter.

4. A site or route may not be designated which violates the rules of any state agency. A

state agency with jurisdiction over any aspect of a proposed facility shall present the

position of the agency at the public hearing on an application for a certificate, a permit,

or a waiver, which position must clearly state whether the site, corridor, or route being

considered for designation will be in compliance with the agency's rules. For purposes

of this chapter it is presumed a proposed facility will be in compliance with a state

agency's rules if that agency fails to present its position on the proposed site, corridor,

or route at the appropriate public hearing.
N.D. Cent. Code § 49-09-11.4 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.4
49-09-11.4. Commission's authority in public interest - Cooperation with other states
Status: repealed

49-09-11.4. Commission's authority in public interest - Cooperation with other states

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-02-01.1 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-01.1
49-02-01.1. Jurisdiction of commission limited as to certain utilities - Exemption
Status: in_force

49-02-01.1. Jurisdiction of commission limited as to certain utilities - Exemption

1. Nothing in this chapter or in chapter 49-21 authorizes the commission to make any

order affecting rates, contracts, services rendered, adequacy, or sufficiency of

facilities, or the rules or regulations of any public utility owned and operated by the

state or by any city, county, township, or other political subdivision of the state or a

public utility, that is not operated for profit, that is operated as a nonprofit, cooperative,

or mutual telecommunications company or is a telecommunications company having

fewer than eighteen thousand local exchange subscribers. However, a

telecommunications utility that is operated as a nonprofit, cooperative, or mutual

telecommunications company or has fewer than eighteen thousand local exchange

subscribers is subject to sections 49-21-01.4, 49-21-02.4, 49-21-23, 49-21-24, and

49-21-25, subsections 6 through 14 of section 49-21-01.7, and to sections 49-21-01.2,

49-21-01.3, 49-21-06, 49-21-07, 49-21-09, and 49-21-10, regarding rates, terms, and

conditions of access services or connection between facilities and transfer of

telecommunications between two or more telecommunications companies. Nothing in

this section limits the authority of the commission granted under chapters 49-03 and

49-03.1 or sections 49-04-05 and 49-04-06.

2. Upon receipt of a resolution from the governing body of a city not served on August 1,

2017, with natural gas distribution service from a public utility requesting an

exemption, and stating its reasons for doing so, the commission shall grant the public

utility an exemption from sections 49-02-03, 49-02-11, and 49-02-15, and chapters

49-03.1 and 49-04 if the public utility:

a. Has a franchise to supply customers within the city and the area of the

extraterritorial zoning jurisdiction of the city with natural gas distribution service;

b. Consents to the exemption; and

c. Serves no more than two thousand five hundred customers within the city and the

area of the extraterritorial zoning jurisdiction of the city.

3. Upon approval of the exemption, the rates, contracts, or services rendered by the

public utility within the exempted area are subject to regulation by the city.

4. Notwithstanding an exemption granted under this section, the public utility remains

subject to any rules of the commission governing customer service disconnections,

and resale of natural gas service furnished or causing the resale of natural gas service

by any customer is prohibited.

5. If a city files with the commission a resolution of its governing body rescinding the

request for exemption, if the public utility serves more than two thousand five hundred

customers within the city and the area of the city's extraterritorial zoning jurisdiction, or

if the public utility requests rescinding the exemption for good cause, the commission

may rescind the exemption granted under this section. The commission may require a

public utility providing nonexempt natural gas distribution service to provide any

exempted natural gas distribution service as a separate business entity.

6. Equipment covered by this section must be installed and maintained in compliance

with the instructions provided by the manufacturer of any previously installed

equipment to which it will be added. Appliances designed to use only a specific fuel

may not be converted to use a different fuel if the manufacturer has prohibited the

conversions.
N.D. Cent. Code § 49-19-16 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-16
49-19-16. Commission to make rules on deductions - Orders prima facie evidence
Status: in_force

49-19-16. Commission to make rules on deductions - Orders prima facie evidence

The commission also shall make rules for the ascertainment of the amount of water and

other foreign matter in oil or gas tendered for transportation, and for deduction therefor, and for

the amount of deduction to be made for temperature, leakage, and evaporation. The recital

herein of particular powers on the part of the commission shall not be construed to limit the

general powers conferred by this chapter. Until set aside or vacated by some decree or order of

a court of competent jurisdiction, all orders of the commission as to any matter within its

jurisdiction shall be accepted as prima facie evidence of their validity.
N.D. Cent. Code § 49-25-04 — ND Code / Title 49 / Chapter 49-25 / Section 49-25-04
49-25-04. Wildfire mitigation plan submission
Status: in_force

49-25-04. Wildfire mitigation plan submission

1. An electric public utility or electric transmission provider may submit for filing a wildfire

mitigation plan to the commission. An electric public utility or electric transmission

provider shall publish on its website all wildfire mitigation plans within thirty days of

filing. If an electric public utility or electric transmission provider submits a wildfire

mitigation plan, the plan must be updated and resubmitted to the commission every

two years.

2. A rural electric cooperative, municipal electric utility, or municipal joint action agency

may submit a wildfire mitigation plan to its board of directors. The electric cooperative,

municipal electric utility, or municipal joint action agency shall publish on its website all

wildfire mitigation plans within thirty days of approval from its board of directors. If a

rural electric cooperative, municipal electric utility, or municipal joint action agency

submits a wildfire mitigation plan, the plan must be updated and reapproved by the

board of directors every two years.

3. The preparation and publishing of, and compliance with, the qualified utility's wildfire

mitigation plan constitutes a rebuttable presumption that the qualified utility exercised

a reasonable standard of care.
N.D. Cent. Code § 49-21-11 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-11
49-21-11. Mutual telephone company - Company carrier
Status: repealed

49-21-11. Mutual telephone company - Company carrier

Repealed by S.L. 1985, ch. 515, § 26.
N.D. Cent. Code § 49-09-04.2 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-04.2
49-09-04.2. Abandoned railroad right of way - Sale - Priority of purchasers
Status: in_force

49-09-04.2. Abandoned railroad right of way - Sale - Priority of purchasers

1. When service is discontinued on any railroad right of way in the state and the property

is offered for sale, lease, exchange, or other disposal by the railroad or an affiliated

entity, the property must first be offered to the following persons in the order of priority

as follows:

a. The present owner or operator-lessee of fixed assets located on the property;

b. A person owning land contiguous to the right of way on opposite sides of the right

of way;

c. A person presenting a reasonable plan for public recreational use of the

abandoned property which includes the continuation of current private and public

crossings; and

d. The adjoining landowner if the adjoining land, at the time of abandonment, is

assessed for tax purposes as agricultural land.

2. The railroad company shall provide written notice to present owners and

operator-lessees of fixed assets located on the property and shall publish notice of its

intent to dispose of railroad right of way in two consecutive issues of the official county

newspaper in each county in which the property is located. A railroad company is not

required to give a priority party an option to purchase the property unless the party

provides a written statement of interest to purchase the property within thirty days after

final publication of notice of the railroad company's intent to dispose of the property.

The sale price of abandoned railroad property must be equitable.

3. When abandoned railroad right of way is offered for wildlife programs or projects, the

proposed acquisitions must first be approved by the board of county commissioners of

the county or counties in which the right of way is located under section 20.1-02-17.1 if

offered to the state game and fish department or under section 20.1-02-18.1 if offered

to the United States department of the interior.

4. If a railroad complies with subsections 1 and 2 and five years have passed since

abandonment or since service was discontinued, the railroad may deed the right of

way to the county in which the right of way is located upon the acceptance of the

county.
N.D. Cent. Code § 49-21-26 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-26
49-21-26. Fees
Status: in_force

49-21-26. Fees

Unless the governing body of a political subdivision has submitted to the qualified electors

of that political subdivision the question of whether to impose a fee other than a fee for

management costs and a majority of the voters approved the fee, a political subdivision may not

impose after December 31, 1998, any fee to recover from a telecommunications company for

the use of its right of way, other than a fee for its management costs. If requested by a political

subdivision, in order to accomplish a necessary public improvement on the right of way, a

telecommunications company promptly shall remove its facilities from the public right of way or

shall relocate or adjust its facilities within the public right of way at no cost to the political

subdivision. Necessary public improvements are limited to construction and maintenance

activities directly related to improved transportation and safety. A political subdivision may

recover from a telecommunications company only those management costs caused by the

telecommunications company activity in the public right of way. A fee or other obligation under

this section must be imposed on a competitively neutral basis. When a political subdivision's

management costs cannot be attributed to only one entity, those costs must be allocated among

all users of the public rights of way, including the political subdivision itself. The allocation must

reflect proportionately the costs incurred by the political subdivision as a result of the various

types of uses of the public right of way. This section does not prohibit the collection of a

franchise fee as permitted in section 49-21-29.
N.D. Cent. Code § 49-16-02 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-02
49-16-02. Railroad's liability for injury or death of employee
Status: in_force

49-16-02. Railroad's liability for injury or death of employee

Every railroad corporation, while engaged in commerce to which the regulative powers of

the state extend, shall be liable in damages to any person suffering injury while that person is

employed by such railroad corporation in such commerce, or in case of the death of such

employee, to that employee's personal representative for the benefit of the surviving widow,

husband, or children of that employee, and if none, then for the next of kin dependent upon that

employee, if such injury or death results in whole or in part from the negligence of any officer,

agent, or employee of such railroad corporation, or by reason of any defect or insufficiency due

to its negligence in any of its cars, engines, appliances, machinery, track, roadbed, works, or

other equipment.
N.D. Cent. Code § 49-01-11 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-11
49-01-11. Enforcement of orders of commission - Costs and expenses
Status: in_force

49-01-11. Enforcement of orders of commission - Costs and expenses

All costs and expenses actually incurred by or upon the order of the attorney general

incident to any litigation arising in connection with the enforcement of orders of the commission

or other litigation commenced by or in charge of the attorney general shall be paid out of the

general fund of the state upon vouchers to be approved by the office of the budget.
N.D. Cent. Code § 49-05-17 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-17
49-05-17. Resource planning
Status: in_force

49-05-17. Resource planning

1. An integrated resource plan must include:

a. The electric public utility's forecast of demand for electric generation supply over

the planning period with recommended plans for meeting the forecasted demand

plus an additional planning reserve margin for ensuring adequate and sufficient

reliability of service; and

b. Any additional information the commission requests related to how an electric

public utility intends to provide sufficient electric generation service for use by

retail customers within the state over the planning period.

2. An electric public utility shall include a least cost plan for providing adequate and

reliable service to retail customers which is consistent with the provisions of this title

and the rules and orders adopted and issued by the commission.

3. The commission may consider the qualitative benefits and provide value to a

base-load generation and load-following generation resource and its proximity to load.

4. The commission may contract or consult with an expert to evaluate qualitative benefits

of resources and to review reliability planning. The commission may require an electric

public utility to pay a fee necessary for completion of an evaluation in an amount not to

exceed two hundred fifty thousand dollars.

a. If additional funds are necessary for completion of the evaluation, upon approval

of the emergency commission, the electric public utility shall pay the additional

fees reasonably necessary for the completion.

b. If the evaluation applies to more than one electric public utility, the commission

may assess each electric public utility the proportionate share of the fee.

5. An electric public utility shall report annually to the commission on emerging threats

and efforts taken by the electric public utility to implement physical security and

cybersecurity measures. The commission shall limit access to records and portions of

a meeting relating to physical security and cybersecurity preparedness.
N.D. Cent. Code § 49-17.1-05 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-05
49-17.1-05. Subsidy of railway lines
Status: in_force

49-17.1-05. Subsidy of railway lines

The department, with the approval of the commission, may provide financial assistance,

within the limits of funds appropriated by the legislative assembly, for the continuation of

operations and maintenance of any railroad within the state, as provided for in the Railroad

Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651

et seq.], or other relevant federal legislation. The department or the commission may act as the

agent in cooperation with the federal government, any local or regional transportation authority,

local governmental units, any group of rail users, or any person in any rail service assistance

program.
N.D. Cent. Code § 49-03.1-04 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-04
49-03.1-04. Factors to be considered by commission in granting or denying a certificate
Status: in_force

49-03.1-04. Factors to be considered by commission in granting or denying a

certificate.

Before granting a certificate of public convenience and necessity, the commission shall take

into consideration:

1. Need for the service.

2. Fitness and ability of applicant to provide service.

3. Effect on other public utilities providing similar service.

4. Adequacy of proposed service.

5. The technical, financial, and managerial ability of the applicant to provide service.
N.D. Cent. Code § 49-22-12.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-12.1
49-22-12.1. Emergency certification
Status: repealed

49-22-12.1. Emergency certification

Repealed by S.L. 1979, ch. 504, § 15.
N.D. Cent. Code § 49-22.1-11 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-11
49-22.1-11. Advisory committees - Appointment - Compensation
Status: in_force

49-22.1-11. Advisory committees - Appointment - Compensation

The commission may appoint one or more advisory committees to assist it in carrying out its

duties under this chapter. Committees appointed to evaluate sites or corridors considered for

designation must be composed of as many persons as may be appointed by the commission,

but must include a majority of public representatives; at least one representative from the state

department of agriculture, a public or municipally owned utility, a private investor-owned utility,

and a cooperatively owned utility; and one representative from each county and city in which a

gas or liquid energy conversion facility or gas or liquid transmission facility is proposed to be

located. Members of advisory committees are entitled to be reimbursed, within the limits of

legislative appropriations, for any necessary expenses in the amounts provided by law for state

officials.
N.D. Cent. Code § 49-09.1-08 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-08
49-09.1-08. Additional requirements imposed by railroad - Objection and petition to commission
Status: in_force

49-09.1-08. Additional requirements imposed by railroad - Objection and petition to

commission.

1. If, in writing by registered mail, a railroad asserts special circumstances exist, other

than the proposed crossing being a serious threat to the safe operations of the railroad

or to the current use of the railroad right of way, or imposes additional requirements on

a utility for crossing its lines, the utility may object to one or more of the requirements.

2. If a utility objects under subsection 1, the utility shall provide notice of the objection

and the specific basis of the objection to the railroad by registered mail.

3. If the parties are unable to resolve the objection, either party may petition the

commission for resolution of the objection within thirty days from receipt of the

objection.

4. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the

objection.

5. If a petition is filed, the commission shall issue a notice of hearing or notice of

opportunity for hearing within fifteen days after the filing of the petition, and shall

determine, within thirty days after the hearing or, if a hearing is not held, after

expiration of the period during which a hearing could be requested, whether special

circumstances exist which necessitate additional requirements for the placement of the

crossing. The order may be appealed in accordance with chapter 28-32. The

commission shall assess its costs associated with a petition equitably against the

parties. The parties shall pay the costs within thirty days after receipt of a bill for

payment from the commission. Amounts collected by the commission under this

subsection must be deposited in a special account within the commission.
N.D. Cent. Code § 49-02-14 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-14
49-02-14. Inspection of public utility accounts - Right as to examinations
Status: in_force

49-02-14. Inspection of public utility accounts - Right as to examinations

The commission, and each commissioner, and each officer or other person duly authorized

by the commission, shall have the right, at any time, to inspect the accounts, books, papers, and

documents of any public utility. The commission, each commissioner, any officer of the

commission, or any employee authorized to administer oaths shall have the power to examine,

under oath, any officer, agent, or employee of any public utility in relation to the business and

affairs of such public utility.
N.D. Cent. Code § 49-05-14 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-14
49-05-14. Stay on appeal - Suspending bond - Impounding excess charges
Status: in_force

49-05-14. Stay on appeal - Suspending bond - Impounding excess charges

In case the order or decision of the commission is stayed or suspended, the order of the

court shall not become effective until a suspending bond first shall have been executed and filed

with and approved by the district court, payable to the state of North Dakota, and sufficient in

amount and security to ensure the prompt payment, by the party appealing, of all damages

caused by the delay in the enforcement of the order or decision of the commission and of all the

moneys which any person, corporation, or limited liability company may be compelled to pay,

pending the appeal, for transportation, transmission, product, commodity, or service in excess of

the charges fixed by the order or decision of the commission, in case said order or decision is

sustained. The district court, in case it stays or suspends the order or decision of the

commission in any matter affecting rates, also by order shall direct the public utility affected to

pay into court, from time to time, there to be impounded until the final decision of the case, or

into some bank or trust company paying interest on deposits, under such conditions as the court

may prescribe, all sums of money which it may collect from any corporation, limited liability

company, or person in excess of the sum which such corporation, limited liability company, or

person would have been compelled to pay if the order or decision of the commission had not

been stayed or suspended. Upon a final determination of an appeal, the court shall make an

appropriate order disposing of the impounded funds in accordance with such determination. In

the event the public utility shall fail to comply with the conditions of the stay bond, the

commission may sue thereon for the use and benefit of the patrons or others who have suffered

damage by reason of the stay.
N.D. Cent. Code § 49-04-16 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-16
49-04-16. Orders from commission - Observance by public utility
Status: in_force

49-04-16. Orders from commission - Observance by public utility

Every public utility shall obey and comply with each requirement of every order, decision,

direction, rule, or regulation made or prescribed by the commission in any matter in any way

relating to or affecting its business as a public utility, and shall do everything necessary or

proper in order to secure compliance with and observation of every such order, decision,

direction, rule, or regulation by all of its officers, agents, and employees.
N.D. Cent. Code § 49-21-08.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-08.1
49-21-08.1. Dialing parity - IntraLATA equal access
Status: in_force

49-21-08.1. Dialing parity - IntraLATA equal access

Every local exchange carrier shall provide 1 + equal access dialing parity.
N.D. Cent. Code § 49-20-02 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-02
49-20-02. Commission to regulate operation and maintenance of electrical lines
Status: in_force

49-20-02. Commission to regulate operation and maintenance of electrical lines

The commission shall regulate the construction, reconstruction, operation, and maintenance

of all electrical supply lines and signal lines located in, under, or across the public highways or

public places in this state, within and without the limits of incorporated cities, to the extent

necessary to avoid or mitigate interference from electrical supply lines and for the purpose of

avoiding or minimizing the hazard of injury to persons or property by reason of the close

association or proximity of electrical supply lines to or with signal lines.
N.D. Cent. Code § 49-21-16 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-16
49-21-16. Forfeiture for failure to comply with order
Status: repealed

49-21-16. Forfeiture for failure to comply with order

Repealed by S.L. 1985, ch. 515, § 26.
N.D. Cent. Code § 49-19-08 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-08
49-19-08. Operation of pipelines
Status: in_force

49-19-08. Operation of pipelines

The operation of the pipelines to which this chapter applies, for the transportation of crude

petroleum, coal, or gas in connection with the purchase or purchase and sale of such crude

petroleum, coal, or gas, is a business in the conduct of which the public is interested, and as

such is subject to regulation by law. The business of purchasing, or of purchasing and selling,

crude petroleum, coal, or gas, which uses in connection with such business a pipeline of the

class subject to this chapter to transport the crude petroleum, coal, or gas so bought or sold,

shall not be conducted unless such pipeline so used in connection with such business is a

common carrier within the purview of this chapter and subject to the jurisdiction herein conferred

upon the commission. The attorney general shall enforce these provisions by injunction or other

adequate remedy.
N.D. Cent. Code § 49-07-05.1 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-05.1
49-07-05.1. Violations of pipeline safety standards - Penalties
Status: in_force

49-07-05.1. Violations of pipeline safety standards - Penalties

Any person who violates a rule or order of the commission pursuant to section 49-02-01.2 is

subject to a civil penalty to be imposed by the commission of not to exceed two hundred

thousand dollars for each violation for each day that the violation continues, except that the

maximum penalty may not exceed two million dollars for any related series of violations. A civil

penalty may be compromised by the commission. In determining the amount of a civil penalty,

or the amount agreed upon in compromise, the commission shall consider the appropriateness

of the penalty to the size of the business of the person charged, the nature, circumstances, and

gravity of the violation, the degree of culpability, any history of prior violations, the effect on

ability to continue to do business, the good faith of the person charged in attempting to achieve

compliance, after notification of a violation, and such other matters as justice may require. The

amount of the penalty, when finally determined, or the amount agreed upon in compromise, may

be deducted from any sums owing by the state of North Dakota to the person charged or may

be recovered in a civil action in the district court of Burleigh County.
N.D. Cent. Code § 49-07-01 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-01
49-07-01. Violation of commission order or rule - Penalty
Status: in_force

49-07-01. Violation of commission order or rule - Penalty

Any person who violates or fails to comply with any provision of this title, or who fails, omits,

or neglects to obey, observe, or comply with any order, decision, decree, rule, direction,

demand, or requirement of the commission, or any part or provision thereof, in a case in which

no other penalty has been provided, shall be guilty of a class A misdemeanor.
N.D. Cent. Code § 49-23-06 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-06
49-23-06. Damage to facilities - Penalty
Status: in_force

49-23-06. Damage to facilities - Penalty

1. a. If any damage occurs to an underground facility or its protective covering, the

excavator shall notify the operator as soon as reasonably possible. When the

operator receives a damage notice, the operator shall dispatch, as soon as

reasonably possible, personnel to the damage area to investigate. If the damage

results in the escape of flammable, toxic, or corrosive gas or liquid, the excavator

shall:

(1) Call 911 immediately; and

(2) Notify the pipeline operator immediately.

b. If the damage endangers life, health, or property, the excavator responsible for

the work shall take immediate action to protect the public and property and to

minimize the hazard until arrival of the operator's personnel or until emergency

responders have arrived and taken charge of the damaged area.

c. An excavator shall delay backfilling in the immediate area of the damaged

underground facilities until the damage has been investigated by the operator,

unless the operator authorizes otherwise. The repair of damage must be

performed by the operator or by qualified personnel authorized by the operator.

d. An excavator is guilty of a class A misdemeanor if the excavator damages an

underground facility or its protective covering and knew or reasonably should

have known the damage occurred and:

(1) The excavator does not notify the operator as soon as reasonably possible;

or

(2) The excavator backfills in violation of subdivision c.

2. a. If an excavator fails to comply with this chapter or damages an underground

facility, the excavator is liable for all damages caused by the failure to comply with

this chapter and for all damages to the facilities and must reimburse the operator

for the cost of location, repair and restoration, loss of product, and interruption of

service occurring because of the damage or injury to the facilities, together with

reasonable costs and expenses of suit, including reasonable attorney's fees.

b. Reimbursement to the operator under this subsection is not required if the

damage to the underground facility was caused by the sole negligence of the

operator or the operator failed to comply with sections 49-23-03 and 49-23-04.
N.D. Cent. Code § 49-04-12 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-12
49-04-12. Free transportation authorized in certain cases
Status: repealed

49-04-12. Free transportation authorized in certain cases

Repealed by S.L. 1975, ch. 431, § 9.
N.D. Cent. Code § 49-10.1-01 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-01
49-10.1-01. Authority of public service commission
Status: in_force

49-10.1-01. Authority of public service commission

The commission, to the extent not inconsistent with federal law, may regulate railroads

within this state to the extent railroad activities constitute intrastate commerce. The commission

may represent the state interests in direct negotiations with rail carriers and in proceedings

before Congress, federal agencies, and courts.
N.D. Cent. Code § 49-04-04 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-04
49-04-04. Power of public utility to issue evidence of indebtedness
Status: in_force

49-04-04. Power of public utility to issue evidence of indebtedness

The power of a public utility to issue stocks, bonds, notes, and other evidences of

indebtedness or to create liens upon its property situated in this state, except such as are

payable within one year from date of issue, is a special privilege and shall be exercised by such

utility under the supervision, regulation, restriction, and control of the commission, subject to

such rules and regulations as the commission may prescribe. This section does not apply to the

issuance by public utilities of securities registered with the federal securities and exchange

commission or to the issuance by public utilities of securities not involving any public offering.
N.D. Cent. Code § 49-09-04.4 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-04.4
49-09-04.4. Railroad abandonment - Records to be open to commission
Status: in_force

49-09-04.4. Railroad abandonment - Records to be open to commission

A railway corporation or railroad holding company having identified a railroad line in North

Dakota for abandonment pursuant to 49 U.S.C. 10904(e)(2)(B) shall provide the commission or

its designated representatives with access to all records directly relating to the railroad line to be

abandoned so an accurate assessment can be made of the line's revenues, profits, and losses.

After notice of intent to abandon is given to the governor by the railway corporation or railroad

holding company, the commission or its representatives may examine the railway corporation's

or railroad holding company's records that are directly related to the railroad line to be

abandoned to determine the accuracy of the claims concerning the railway line and to determine

whether an abandonment protest should be filed with the surface transportation board.
N.D. Cent. Code § 49-09-04 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-04
49-09-04. When right of way reverts to state
Status: in_force

49-09-04. When right of way reverts to state

If any railway corporation appropriating any public lands by virtue of section 49-09-01 at any

time shall abandon the use thereof for railway purposes for a period of one year, the same shall

revert to the state.
N.D. Cent. Code § 49-11-16 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-16
49-11-16. Caution signs - Specifications - Posting at crossings
Status: repealed

49-11-16. Caution signs - Specifications - Posting at crossings

Repealed by S.L. 1979, ch. 331, § 5.
N.D. Cent. Code § 49-04-09 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-09
49-04-09. Long and short hauls
Status: repealed

49-04-09. Long and short hauls

Repealed by S.L. 2025, ch. 433, § 2.
N.D. Cent. Code § 49-04-05 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-05
49-04-05. Commission approval required to dispose of or encumber franchises, works, or systems - Exceptions
Status: in_force

49-04-05. Commission approval required to dispose of or encumber franchises,

works, or systems - Exceptions.

A public utility may not dispose of, encumber, merge, or consolidate its franchise, works, or

system necessary or useful in the performance of its duties to the public without prior

commission approval. This section does not apply to:

1. Disposal or encumbrance of tangible property valued at less than five hundred

thousand dollars.

2. Sale of securities registered with the federal securities and exchange commission.
N.D. Cent. Code § 49-21-02.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-02.1
49-21-02.1. Authority to exempt from regulation
Status: repealed

49-21-02.1. Authority to exempt from regulation

Repealed by S.L. 1999, ch. 411, § 13.
N.D. Cent. Code § 49-22-09.2 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-09.2
49-22-09.2. Mitigating environmental impacts - Energy conversion facilities - Transmission facilities
Status: in_force

49-22-09.2. Mitigating environmental impacts - Energy conversion facilities -

Transmission facilities.

1. If an applicant elects to provide a payment to mitigate the environmental impact of the

construction or operation of a wind energy conversion facility, the payment must be

made to the agriculture commissioner who shall deposit the payment into the

environmental impact mitigation fund under section 4.1-01-21.1.

2. Excluding a wind energy conversion facility, if an applicant elects to provide a payment

to mitigate the environmental impact of the construction or operation of an energy

conversion facility, the payment may be made to the agriculture commissioner who

shall deposit the payment into the environmental impact mitigation fund under section

4.1-01-21.1.

3. If an applicant elects to provide a payment to mitigate the environmental impact of the

construction or operation of a transmission facility, the payment may be made to the

agriculture commissioner who shall deposit the payment into the environmental impact

mitigation fund under section 4.1-01-21.1.

4. Nothing in this section shall be construed to limit an applicant from conducting

mitigation activities.
N.D. Cent. Code § 49-05-04.1 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-04.1
49-05-04.1. Test year - Public utility rate filings
Status: in_force

49-05-04.1. Test year - Public utility rate filings

1. A public utility, at its option, may use any one of the following twelve-month periods as

its test year for rate filings with the commission:

a. A historical test year, which may be either the latest twelve-month period for

which actual data is available at the time of filing new schedules or the latest

calendar or fiscal year for which actual data is available at the time of filing new

schedules.

b. A current test year, which is any consecutive twelve-month period ending not later

than twelve months after the date new schedules are filed. A public utility

selecting a current test year also shall file data for the twelve-month period

immediately preceding the current test year selected and that period is the

"historical period" for the public utility.

c. A future test year, which is any consecutive twelve-month period ending no later

than twenty-four months after the date new schedules are filed. A public utility

selecting a future test year must file data for the twelve consecutive months

immediately preceding the future test year and that period is the "current period"

for the public utility.

2. A public utility selecting a current or future test year shall present the following

information:

a. A comparison of forecast data to historical period data to demonstrate the

reliability and accuracy of the utility's forecast including a comparison of the prior

years' forecast or budgeted data to actual data for those periods.

b. A statement that the public utility's forecast is reasonable, reliable, and was made

in good faith and that all basic assumptions used in making or supporting the

forecast are reasonable, evaluated, identified, and justified to allow the

commission to test the appropriateness of the forecast.

c. A statement that the accounting treatment that has been applied to anticipated

events and transactions in the forecast is the same as the accounting treatment

to be applied in recording the events once they have occurred.

3. The public utility may update its filing for material changes as actual data becomes

available up to thirty days before the hearing. Except for good cause shown, a public

utility may not submit more than one updated filing before the hearing. In the absence

of an updated filing by the public utility, the commission may require a public utility to

update its filing when the commission staff introduces evidence that a material change

has occurred.

4. A public utility may propose estimated or calculated adjustments to the selected

historical or current test year for all known and measurable changes in operating

results as measured in the test year. The adjustments must be made in the same

context and format as the information was provided in the original filing. The

adjustments may reflect material changes in plant investment, operating revenues,

expenses, and capital structure if the changes occurred during the selected historical

or current test year or are reasonably certain to occur subsequent to the selected test

year within twelve months from the date of the rate filing.
N.D. Cent. Code § 49-09.1-13 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-13
49-09.1-13. Taxes
Status: in_force

49-09.1-13. Taxes

A utility promptly shall pay or discharge all taxes and charges levied upon the utility's

facilities located in the railroad's right of way. If any taxes or charges can not be separately

made or assessed to the utility, but are included in the taxes or charges assessed to the

railroad, the utility shall pay to the railroad an equitable portion of the taxes, determined by the

value of the utility's facilities located on the railroad right of way as compared with the entire

value of the railroad property.
N.D. Cent. Code § 49-11-32 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-32
49-11-32. Train crew exemption
Status: in_force

49-11-32. Train crew exemption

In any circumstances involving an accident between a pedestrian or vehicle and a

locomotive or part of a train in which the engineer or any other crew member of the train is

interviewed by a law enforcement officer, the engineer or any other crew member may not be

required to furnish a motor vehicle operator's license and no citation involving the operation of a

train in violation of title 39 may be issued against the engineer or any other crew member of the

train.
N.D. Cent. Code § 49-21-13.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-13.1
49-21-13.1. Telephone cooperatives - Sale of physical plant - Approval
Status: in_force

49-21-13.1. Telephone cooperatives - Sale of physical plant - Approval

No mutual aid cooperative or cooperative association that is a telecommunications

company as defined in section 49-21-01 may sell, transfer, or convey, within the period of any

single calendar year, physical plant in excess of five percent in value of the cooperative, based

upon the most recent audit of the books of the cooperative, unless consent has been obtained

by vote of not less than two-thirds of the entire membership of the cooperative cast at any

regular or special meeting called for that purpose, after notice in writing to all the membership of

the cooperative not less than twenty nor more than thirty days prior to the date of such meeting.

Nothing in this section prohibits the transfer of assets in exchange for physical plant of equal

monetary value to any public or private person or organization.
N.D. Cent. Code § 49-21-01.4 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.4
49-21-01.4. Purchase of essential telecommunications services
Status: in_force

49-21-01.4. Purchase of essential telecommunications services

Customers of any telecommunications company that provides essential telecommunications

services must be permitted to purchase essential telecommunications services separate from all

other telecommunications services. A telecommunications company may disconnect local

exchange or essential telecommunications services only pursuant to rules adopted by the

commission.
N.D. Cent. Code § 49-21-27 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-27
49-21-27. In-kind services
Status: in_force

49-21-27. In-kind services

A political subdivision, in lieu of a fee imposed under section 49-21-26, may not require

in-kind services by a telecommunications company right-of-way user or require in-kind services

as a condition of the use of the political subdivision's public right of way.
N.D. Cent. Code § 49-06-09 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-09
49-06-09. Utility to remit to consumer if rate lower than temporary rate
Status: in_force

49-06-09. Utility to remit to consumer if rate lower than temporary rate

If the final rates fixed, determined, and prescribed are less than the temporary rates fixed

under the provisions of section 49-06-07, the public utility shall pay or remit to each of the

several customers, patrons, or users such sum as such customer, patron, or user has paid to

the said utility for the said service over and above the amounts that would have been paid

during such time had the rates fixed, determined, and prescribed in the final order been in effect

during the period that the temporary rates were in effect.
N.D. Cent. Code § 49-06-20 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-20
49-06-20. Amount not paid to draw interest - Attorney general to collect
Status: repealed

49-06-20. Amount not paid to draw interest - Attorney general to collect

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-19-06 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-06
49-19-06. Gas in commercial quantities - What constitutes
Status: in_force

49-19-06. Gas in commercial quantities - What constitutes

Any gas well of two hundred fifty thousand cubic feet [7079.21 cubic meters] volume and

two hundred pounds [90.72 kilograms] of rock pressure shall constitute a well producing native

natural gas in commercial quantities under the provisions of this chapter.
N.D. Cent. Code § 49-03-03 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-03
49-03-03. Franchise not to be exercised without certificate
Status: in_force

49-03-03. Franchise not to be exercised without certificate

A public utility or electric transmission provider may not exercise any right or privilege under

any franchise or certificate the exercise of which has been suspended or discontinued for more

than one year, without first obtaining from the commission a certificate that public convenience

and necessity require the exercise of the right or privilege.
N.D. Cent. Code § 49-22-09.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-09.1
49-22-09.1. Approval of hydroelectric transmission facilities by legislative assembly required
Status: in_force

49-22-09.1. Approval of hydroelectric transmission facilities by legislative assembly

required.

After compliance with the applicable requirements of this chapter, any hydroelectric

transmission facility that transmits hydroelectric power produced outside the United States, and

which crosses any portion of this state, must have the approval of the legislative assembly by

concurrent resolution. A person may not begin construction of a hydroelectric transmission

facility in this state which transmits hydroelectric power produced outside the United States, or

exercise the right of eminent domain in connection with such construction, without first having

complied with this chapter and obtained the approval of the legislative assembly. This section

does not apply to any electric transmission facility for which a route permit and certificate of

corridor compatibility has been issued prior to July 1, 1985, or any extension thereof issued after

July 1, 1985.
N.D. Cent. Code § 49-06-05 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-05
49-06-05. When valuation or revaluation required
Status: in_force

49-06-05. When valuation or revaluation required

The commission, upon its own motion, may, and, upon a petition for a valuation or

revaluation of the property of a public utility, including necessary audits, for the purpose of

determining the rate to be charged for the service rendered, signed by twenty-five percent of the

patrons or customers of such public utility, shall, endeavor to arrive at a reasonable rate through

negotiations with the public utility. If within thirty days after the filing of the petition, or within

thirty days after the adoption of an order or resolution by the commission on its own motion,

they are unable to agree upon a new rate which shall be not less than fifteen percent less than

the rate in force at the time of the filing of said petition, or the adoption of the order or resolution,

the commission shall proceed with a valuation or revaluation of the properties of the public utility

involved in the manner provided by this chapter. Each person, firm, corporation, or limited

liability company receiving service is to be considered a patron or customer within the purview

of this chapter, regardless of the number of meters owned, rented, or used by such person, firm,

corporation, or limited liability company, but a firm shall be considered a separate entity from the

individual members thereof.
N.D. Cent. Code § 49-11-19 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-19
49-11-19. Blocking or obstructing crossing with train - Penalty
Status: in_force

49-11-19. Blocking or obstructing crossing with train - Penalty

1. A person may not operate any train in a manner as to prevent vehicular use of any

roadway for a period of time in excess of ten consecutive minutes except:

a. When necessary to comply with safety signals affecting the safety of the

movement of trains;

b. When necessary to avoid striking any object or person on the track;

c. When the train is disabled, by accident or otherwise;

d. When the train is in motion except when engaged in switching operations or

loading or unloading operations;

e. When vehicular traffic is not waiting to use the crossing;

f. When necessary to comply with a government statute or regulation; or

g. When allowed by written agreement between the governmental entity that

controls the roadway and the interested commercial entities. The agreement must

indicate which party is responsible for the timely notification of local emergency

service providers regarding the crossing that will be blocked and the period of

time the crossing will be blocked.

2. A person that violates this section is guilty of a class B misdemeanor. This section

does not apply to a city that has an ordinance covering the same subject matter.
N.D. Cent. Code § 49-02-34 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-34
49-02-34. Public reporting on progress toward meeting the renewable energy and recycled energy objective
Status: repealed

49-02-34. Public reporting on progress toward meeting the renewable energy and

recycled energy objective.

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-21-19 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-19
49-21-19. Distributors of telephone directories to print notice therein
Status: repealed

49-21-19. Distributors of telephone directories to print notice therein

Repealed by S.L. 2003, ch. 403, § 10.
N.D. Cent. Code § 49-11-18 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-18
49-11-18. Construction of railroad - Crossing highway or waterway
Status: in_force

49-11-18. Construction of railroad - Crossing highway or waterway

Subject to the provisions of section 49-11-03, a railroad corporation shall have the power to:

1. Construct its railroad across, along, or up any stream of water, watercourse, street,

highway, riverfront, steamboat, or other public landing, or canal which its route shall

intersect or touch.

2. Carry any highway or street which it shall touch, intersect, or cross, over or under its

track, as may be most expedient for the public good.

3. Change the course or direction of any highway or street when made necessary or

desirable to secure more easy ascent or descent by reason of any embankment or cut

made in the construction of the railroad and to take land necessary therefor, if such

highway or road is not so changed from its original course more than six rods [30.18

meters] nor its distance thereby lengthened more than five rods [25.15 meters].
N.D. Cent. Code § 49-21-30 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-30
49-21-30. Cost recovery
Status: in_force

49-21-30. Cost recovery

A telecommunications company that is assessed either management costs by a political

subdivision pursuant to section 49-21-26 or a city franchise fee pursuant to section 49-21-29 is

entitled to recover those costs. If the telecommunications company serves customers within the

boundaries of the political subdivision imposing the management costs, the costs may be

recovered only from those customers.
N.D. Cent. Code § 49-16-10 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-10
49-16-10. Liability for acts of railway police
Status: repealed

49-16-10. Liability for acts of railway police

Repealed by S.L. 1977, ch. 443, § 3.
N.D. Cent. Code § 49-20-04 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-04
49-20-04. Hearing upon application - Time - Witnesses - Evidence
Status: in_force

49-20-04. Hearing upon application - Time - Witnesses - Evidence

Upon receipt of the written application provided for in section 49-20-03, the commission

shall set a date not later than thirty days from the date of the receipt of the application for a

hearing upon the matter, and at least ten days before the date of said hearing shall notify in

writing each of the parties affected or likely to be affected by the construction or reconstruction

of said line. At such hearing, the commission shall swear witnesses, take evidence, and make

such an investigation as shall determine all of the facts in the case. If the party desiring to build

the line files its written consent to abide by the rules and regulations of the commission or the

order issued in relation to the matter, then and in that case said party may proceed to construct

such line.
N.D. Cent. Code § 49-09-10 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-10
49-09-10. Title acquired under sale
Status: in_force

49-09-10. Title acquired under sale

Whenever the persons securing title under a trust deed or mortgage foreclosure sale shall

own or represent a majority in amount of the bonds or other evidences of debt secured by any

such trust deed or mortgage, and also shall include the persons who owned a majority in

amount of the capital stock of such mortgagor corporation at the time of the sale, such

purchasers and such corporation as they shall organize also shall have, possess, and enjoy any

exemption, privilege, or immunity previously granted by any law to such former corporation

relating to any of the property so acquired to the same extent as if such latter corporation had

been named in such law as the grantee thereof.
N.D. Cent. Code § 49-21-01.8 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.8
49-21-01.8. Eligible telecommunications company requirements
Status: in_force

49-21-01.8. Eligible telecommunications company requirements

A telecommunications company may not be an eligible telecommunications carrier unless

the company offers all services supported by federal universal service mechanisms throughout

the study area.
N.D. Cent. Code § 49-02-10 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-10
49-02-10. Rules for meters
Status: in_force

49-02-10. Rules for meters

The commission shall make such rules as it may deem proper and necessary as to the

manner in which tests of meters and heat values shall be made.
N.D. Cent. Code § 49-09.1-03 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-03
49-09.1-03. Notice and application for placement
Status: in_force

49-09.1-03. Notice and application for placement

1. A utility that intends to place a facility across a railroad right of way shall provide notice

of the placement to the railroad at least thirty days before the placement.

2. The notice must include a completed crossing application, including a drawing

showing the location of the proposed crossing and the railroad's property, tracks, and

wires the utility will cross.

3. The utility shall submit the crossing application on a form provided or approved by the

railroad, if available.

4. The crossing application must be sent to the railroad by registered mail.

5. The application must be accompanied by the crossing fee in section 49-09.1-05, and a

certificate of insurance as required in section 49-09.1-06.
N.D. Cent. Code § 49-09-04.3 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-04.3
49-09-04.3. Abandoned railway lines - Removal of abandoned materials - Charge by city, county, or state
Status: in_force

49-09-04.3. Abandoned railway lines - Removal of abandoned materials - Charge by

city, county, or state.

Unless otherwise allowed by the commission, any railroad corporation abandoning the use

of any railway line in this state shall remove and clear all rail, ties, materials, supplies, and

debris from the railway line and leave the surface in a condition easily traversable by a motor

vehicle, and shall control noxious weeds on the railway line right of way within a reasonable

time. On request of a city or county in which there is an abandoned line, the commission shall

require the railroad corporation, as to railway line right of way in that city or county, within a

reasonable time, to take the action required by this section. On request of any state agency

having an interest in any property abutting an abandoned railway line right of way, the

commission shall require the railroad corporation, as to that railway line right of way, within a

reasonable time, to take the action required by this section. The commission shall take all action

necessary and appropriate, including the adoption of rules under chapter 28-32, to enforce this

section. If a railroad corporation fails to take action required by this section, the requesting entity

may do the work on the parts of the abandoned railway line right of way under that entity's

jurisdiction. A county may do the work on the parts of the abandoned railway line right of way in

the county, regardless of whether those parts are inside city limits. The entity doing the work

may charge the railroad corporation the reasonable expense of doing the work. If the charges

remain unpaid after ninety days, the entity may certify to the county auditor the amount of the

charges imposed under this section. These charges become part of the taxes levied against the

land for the ensuing year and must be collected in the same manner as other real estate taxes

and placed to the credit of the jurisdiction entitled to the charges. The taxpayer's right to appeal

the assessment is governed by chapter 57-23.
N.D. Cent. Code § 49-21-21 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-21
49-21-21. Fraudulent telecommunications - Penalty
Status: repealed

49-21-21. Fraudulent telecommunications - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-05-03 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-03
49-05-03. Hearing on complaint
Status: in_force

49-05-03. Hearing on complaint

The commission shall fix the time and place of hearing upon any complaint and shall serve

notice thereof upon the complainant and the utility affected thereby. Such notice shall be given

and proceedings shall be conducted as provided by chapter 28-32.
N.D. Cent. Code § 49-03-06 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-06
49-03-06. Service agreements among electric providers
Status: in_force

49-03-06. Service agreements among electric providers

1. This section authorizing service area agreements is intended to encourage harmony

and operational efficiency among electric providers, promote safety, discourage

unreasonable duplication of electric facilities, assure adequate and reliable electric

service for all consumers and territories within the state, and provide antitrust immunity

to electric providers that negotiate service area agreements in accordance with this

section.

2. An electric provider may enter into agreements with other electric providers having

adjacent or intermingled electric supply facilities for the purpose of establishing service

areas and designating the service locations to be served by each electric provider. The

designated service locations may include all or any portion of the service locations

within a service area that are being served by the electric providers at the time of the

agreement, or that could be economically served by the then existing facilities of the

electric providers, or by reasonable and economic extensions of such existing

facilities. The service area agreement must provide that it is subject to the continuing

jurisdiction of the commission to settle all service location disputes between the

contracting electric providers arising under the agreement.

3. Electric providers may enter into written agreements for the sale, transfer, exchange,

or lease of equipment or facilities used to serve the areas that are the subject of a

service area agreement. Any sale, exchange, transfer, or lease of equipment, plant, or

facilities made under this subsection is subject to sections 49-04-05 and 10-13-08.1.

4. A service area agreement shall be promptly filed with the commission which must

issue a notice of the filing within thirty days. Upon the commission's order, or if an

affected electric consumer or electric provider requests a hearing within twenty days of

the notice, the commission shall hold a hearing on the service area agreement.

5. The public service commission shall approve or disapprove a service area agreement.

The commission may not revise a service area agreement except by mutual consent

of the parties to the agreement.

6. A service area agreement shall be valid and enforceable if the commission, after

notice as provided in subsection 4, approves the agreement and finds that the

agreement complies with this section and is in the public interest.

7. Upon approval of a service area agreement, the commission shall issue its order and

any necessary certificates of public convenience and necessity authorizing an electric

public utility to extend its plant and system and to provide electric service to service

locations within the service areas.

8. The governing board of a city may require approval or disapproval of a service area

agreement between electric providers to the extent the agreement encompasses

service locations within the city. Nothing in this chapter shall be construed to limit the

authority of a governing board of a city to exercise its franchise authority under section

40-05-01.
N.D. Cent. Code § 49-02-09 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-09
49-02-09. Purpose of testing meters
Status: in_force

49-02-09. Purpose of testing meters

Tests shall be made for the purpose of determining the accuracy of the meters and shall

determine whether or not the British thermal unit content of gas, either natural or artificial,

distributed by public utilities, is of the standard that now or hereafter may be prescribed by the

commission under its general powers and duties.
N.D. Cent. Code § 49-22-18 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-18
49-22-18. Rules and regulations
Status: in_force

49-22-18. Rules and regulations

The commission shall adopt rules and regulations in conformity with the provisions of this

chapter and to prescribe methods and procedures required therewith.
N.D. Cent. Code § 49-22-04 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-04
49-22-04. Ten-year plans - Contents
Status: in_force

49-22-04. Ten-year plans - Contents

1. Each utility that owns or operates, or plans within the next ten years to own, operate,

or start construction on any facility shall develop a ten-year plan as specified in this

section and submit the plan to the commission. Each utility shall file an updated plan

on or before July first of each even-numbered year after the year of its initial

submission. The ten-year plan may be appropriate portions of a single regional plan or

may be jointly prepared and submitted by two or more utilities and must contain the

following information:

a. A description of the general location, size, and type of all facilities to be owned or

operated by the utility during the ensuing ten years, as well as those facilities to

be removed from service during the ten-year period.

b. An identification of the location of the tentative preferred site for all electric energy

conversion facilities and the tentative location of all electric transmission facilities

on which construction is intended to be commenced within the ensuing five years

and such other information as may be required by the commission. The site and

corridor identification shall be made in compliance with the criteria published by

the commission pursuant to section 49-22-05.1.

c. A description of the efforts by the utility to coordinate the plan with other utilities

so as to provide a coordinated regional plan for meeting the utility needs of the

region.

d. A description of the efforts to involve environmental protection and land-use

planning agencies in the planning process, as well as other efforts to identify and

minimize environmental problems at the earliest possible stage in the planning

process.

e. A statement of the projected demand for the service rendered by the utility for the

ensuing ten years and the underlying assumptions for the projection, with that

information being as geographically specific as possible, and a description of the

manner and extent to which the utility will meet the projected demands.

f. Any other relevant information as may be requested by the commission. Upon

receipt of the ten-year plans the commission shall proceed to assess the impact

of the development proposed within the state to ensure that energy conversion

facilities and transmission facilities will be sited in an orderly manner compatible

with environmental preservation and efficient use of resources.

2. If not previously disclosed in a ten-year plan filing pursuant to subdivision a of

subsection 1, the utility owner or operator of an electric energy conversion facility shall

notify the commission and the auditor of the county in which the facility is located if the

owner or operator considers removing an electric energy conversion facility from

service. Upon notice of the removal from service, the commission may request the

owner or operator provide the commission with any applicable reliability study

developed with a regional transmission organization in conjunction with the considered

removal from service and may accept public comment in a format prescribed by the

commission.
N.D. Cent. Code § 49-23-04.1 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-04.1
49-23-04.1. Survey
Status: in_force

49-23-04.1. Survey

1. An individual making a request for location for information, design, or purposes other

than excavation shall contact the notification center for a survey location. The survey

notice must contain:

a. The name, address, and telephone number of the person making the notification;

b. The name, address, and telephone number of the surveyor;

c. The date and time information will be captured;

d. The depth of any planned future excavation;

e. The type and extent of any planned future excavation, including whether it

involves tunneling or horizontal boring;

f. Whether the use of explosives is anticipated;

g. Any other information the notification center requires;

h. The location of the area to be surveyed by one of the following means:

(1) A specific street address;

(2) A reference to a platted lot number of record;

(3) An identifiable roadway or roadway intersection; or

(4) A specific quarter section by section number, range, township, and county.

In this case, the location must be further described by coordinates

measured in feet from the nearest quarter section corner or section corner.

2. Unless otherwise exempted, the ticket request must include site identification

information by one or more of the following means: white marking, digital white lining,

project staking, geographic information system shape file, detailed drawing, map, or

other means agreed upon by the parties to the ticket. Site identification under this

subsection is not required if:

a. The precise location of planned future excavation can be clearly and adequately

identified on the location notice and is limited to a single street address or a

platted lot number of record; or

b. Prior to any survey, the excavator requests and conducts a meeting with the

affected operators at the location of the survey.

3. The notification center shall:

a. Immediately transmit the information contained in a survey notice to every

operator that has an underground facility in the survey area; and

b. Inform the individual who made the survey location request of the names of

participating operators of underground facilities to whom the notice will be given.

4. Within five days; excluding Saturdays, Sundays, and holidays; an operator with a

facility within the survey area shall locate or mark the facilities physically, provide

location information electronically, or meet with the ticket holder.

5. Meetings may be held at the discretion of the ticket holder.

6. Electronic information may be exchanged at the discretion of the operator.

7. The survey ticket holder shall assume ownership of materials used to mark the facility,

use reasonable efforts to maintain markings until the survey information has been

captured, and remove all tangible marking materials used to mark the facility and the

site area upon completion of the capture.

8. The survey ticket holder is responsible for the reasonable costs of any relocate after a

survey location has been properly located and marked.
N.D. Cent. Code § 49-10.1-16 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-16
49-10.1-16. Intoxicated engineer or conductor - Penalty
Status: in_force

49-10.1-16. Intoxicated engineer or conductor - Penalty

Every person who is intoxicated while in charge as engineer of a locomotive engine or while

acting as a conductor or driver upon any railroad train or car is guilty of a class A misdemeanor.
N.D. Cent. Code § 49-21-08 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-08
49-21-08. Unnecessary duplication of exchanges prohibited
Status: repealed

49-21-08. Unnecessary duplication of exchanges prohibited

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-09.1-12 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-12
49-09.1-12. Prohibition against mechanic's liens
Status: in_force

49-09.1-12. Prohibition against mechanic's liens

1. A utility may not create, permit, or cause a mechanic's lien or other lien to be created

or enforced against the railroad's property for any work performed by the utility in

connection with the utility's facilities located in the railroad's right of way.

2. A railroad may not create, permit, or suffer a mechanic's lien or other lien of any kind

or any nature to be created or enforced against a utility's property located in the

railroad's right of way for any work performed by the railroad in connection with the

railroad's facilities.
N.D. Cent. Code § 49-19-04 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-04
49-19-04. Reservation in gas franchises
Status: in_force

49-19-04. Reservation in gas franchises

No city or other public corporation hereafter shall grant to any person a franchise to furnish

natural gas to the public in this state without making a reservation therein that a percentage of

native natural gas shall be used by such person if and when the same is produced in

commercial quantities.
N.D. Cent. Code § 49-03.1-05 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-05
49-03.1-05. Prerequisites to issuance of certificate of public convenience and necessity - Waiver of hearing
Status: in_force

49-03.1-05. Prerequisites to issuance of certificate of public convenience and

necessity - Waiver of hearing.

Before any certificate may be issued under this chapter, a certified copy of the articles of

incorporation, charter, or organization of the public utility, if the applicant is a corporation or a

limited liability company, shall be filed with the commission. At the hearing on the application as

provided in section 49-03.1-03, the applicant shall submit evidence showing that the applicant

has received the consent, franchise, permit, ordinance, or other authority of the proper

municipality or other public authority, if required, or has or is about to make application therefor.

The commission shall have the power, after notice and hearing, to do any of the following:

1. Issue the certificate.

2. Refuse to issue the certificate.

3. Issue the certificate for the construction or operation of only a portion of the

contemplated facility, line, plant, or system.

4. Issue the certificate for the partial exercise of the right or privilege sought, conditioned

upon the applicant's having secured or upon the applicant's securing the consent,

franchise, permit, ordinance, or other authority of the proper municipality or other

public authority, and may attach to the exercise of the rights granted by any certificate

such terms and conditions as in its judgment the public convenience and necessity

may require.

Notwithstanding any of the foregoing provisions, the commission may grant a certificate if no

interested party has requested a hearing on the application after receiving at least twenty days'

notice of opportunity to request such hearing.
N.D. Cent. Code § 49-20-12 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-12
49-20-12. Injury to electric supply lines - Penalty
Status: repealed

49-20-12. Injury to electric supply lines - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-05-08 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-08
49-05-08. Orders and decisions of commission - Conclusive
Status: in_force

49-05-08. Orders and decisions of commission - Conclusive

In all collateral actions or proceedings, the orders and decisions of the commission which

have become final shall be conclusive.
N.D. Cent. Code § 49-11-28 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-28
49-11-28. Swinging gates - When railroad required to maintain
Status: in_force

49-11-28. Swinging gates - When railroad required to maintain

Upon the written request of the owner or lessee of land abutting the railroad's right of way,

the owners or operators of a railroad shall construct and maintain suitable and safe swinging

gates on any side of a private crossing enclosed by the railroad under section 49-11-24. The

request must be made at the same time a request is made under subsection 1 of section

49-11-24.
N.D. Cent. Code § 49-09-11.3 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.3
49-09-11.3. Negotiations for sale, transfer, or lease of railroad property - Public service commission authority
Status: repealed

49-09-11.3. Negotiations for sale, transfer, or lease of railroad property - Public

service commission authority.

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-09.1-04 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-04
49-09.1-04. Commencement of construction across railroad right of way
Status: in_force

49-09.1-04. Commencement of construction across railroad right of way

Thirty-five days after the receipt by the railroad of the completed crossing application,

crossing fee, and certificate of insurance, the utility may commence the construction of the

crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious

threat to the safe operations of the railroad or to the current use of the railroad right of way. In all

other instances, the utility is deemed to have authorization to commence construction of the

facility.