reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-01 - Determining if a permit is required

Current through Supplement No. 393, July, 2024
1.
				The impounding capacity of a dam is calculated based upon the elevation at the
				top of dam. Storage below the existing adjacent ground surface is generally
				excluded from the capacity of a holding pond, lagoon, or dugout.
2. The area protected by a dike is
				calculated based upon the area protected as measured from the effective top of
				dike.
3.  The diverting capacity of
				a diversion is calculated based upon the runoff from the National Oceanic and
				Atmospheric Administration Atlas 14 twenty-five year, twenty-four hour,
				precipitation event.
4. No
				construction can begin until a construction permit is obtained.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-01.1 - Exceptions to the need for a permit

Current through Supplement No. 393, July, 2024
The provisions of North Dakota Century Code section
				  61-16.1-38 do not apply to the following works with the sole intent to provide
				  an opening to permit water flow:
1.
				Highway, street, or road stream-crossings;
2. Private driveway culverts;
3. Approach-crossing culverts or bridges; and
4. Railroad-crossing culverts or
				bridges.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-02 - Contents of application

Current through Supplement No. 393, July, 2024
A completed construction permit application must include:
				  plans and specifications as stipulated by the department; evidence establishing
				  a property right for the property that will be affected by the construction of
				  the dam, dike, or other device; and any additional information required by the
				  the department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-02 - Contents of application

Current through Supplement No. 393, July, 2024
A completed construction permit application must include:
				  plans and specifications as stipulated by the department; evidence establishing
				  a property right for the property that will be affected by the construction of
				  the dam, dike, or other device; and any additional information required by the
				  department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-03 - Permit does not absolve liability for damages

Current through Supplement No. 393, July, 2024
The receipt of a permit, including a permit for emergency
				  construction, does not relieve an applicant from liability resulting from any
				  activity conducted under the permit.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-03.1 - Time to complete construction of structure

Current through Supplement No. 393, July, 2024
Construction may not begin until a construction permit is
				  obtained. Construction must be completed and the department must be notified of
				  completion in writing within the period specified by the department on the
				  permit, beginning from the date of final permit approval. The completion period
				  does not begin until any appeal is complete.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-03.2 - Extending time to complete construction of structure

Current through Supplement No. 393, July, 2024
If the completion period expires before construction is
				  complete, the permit recipient may make a written request to the department for
				  a one-year extension. Only two extensions may be granted. All requests for
				  extensions must be made at least sixty days before the permit expiration date
				  and must specifically state why construction has not been completed.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-04 - Emergency construction permits

Current through Supplement No. 393, July, 2024
A completed application for an emergency construction permit
				  must be submitted to the department along with any additional information
				  required by the department. If the director determines an emergency exists, the
				  director may issue an emergency construction permit to construct a dam, dike,
				  or other device capable of impounding, obstructing, or diverting more than
				  fifty acre-feet of water. An emergency construction permit will expire in six
				  months unless extended by the director under section
				  89-08-02-05.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-04 - Emergency construction permits

Current through Supplement No. 393, July, 2024
A completed application for an emergency construction permit
				  must be submitted to the department along with any additional information
				  required by the department. If the director determines an emergency exists, the
				  director may issue an emergency construction permit to construct a dam, dike,
				  or other device capable of impounding, obstructing, or diverting more than
				  fifty acre-feet [61674 cubic meters]of water. An emergency construction permit
				  will expire in twelve months unless extended by the director under section
				  89-08-02-05.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-05 - Extension of emergency construction permits

Current through Supplement No. 393, July, 2024
The applicant must submit a written request for an extension
				  at least thirty days before the expiration of the emergency construction
				  permit. If it is determined that an emergency still exists, the director may
				  issue a one-time, six-month extension to the permit's expiration date. If an
				  emergency continues to exist after the one-time extension, an applicant may
				  reapply under section
				  89-08-02-04 for a new emergency
				  construction permit.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-06 - Removal of emergency structures

Current through Supplement No. 393, July, 2024
Once the emergency has ended or upon permit expiration,
				  whichever occurs first, all structures constructed under section
				  89-08-02-04 must be removed in
				  their entirety and the disturbed area restored to preproject conditions. The
				  applicant must notify the department in writing when the emergency structure
				  has been completely removed.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-02 - Construction Permits › Section 89-08-02-07 - As built plans

Current through Supplement No. 393, July, 2024
As a condition on all construction permits, the owner of the
				  dam, dike, or other device will provide the department with "as built" plans
				  within six months after the dam, dike, or other device has been constructed to
				  provide details of the modifications that occurred during construction.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-01 - Inspections and reports during construction of dams over ten feet [3.05 meters] in height

Current through Supplement No. 393, July, 2024
To protect property and assure safety, the following are
				  conditions to all construction permits for dams over ten feet [3.05 meters] in
				  height:
1. An engineer must be in
				charge of and responsible for inspections during construction.
2. Inspections during construction must be
				performed at intervals necessary to ensure conformity with the construction
				permit and the plans and specifications.
3. The information obtained during each
				inspection must be documented in a written report. The report will specify any
				changes necessary under section
				89-08-03-03. The inspection
				reports must be provided to the department upon request.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-02 - Monitoring during construction by the department

Current through Supplement No. 393, July, 2024
The department may monitor any dam, dike, or other device
				  during construction to ensure conformity with the construction permit and the
				  plans and specifications.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-11
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-03 - Changes in construction

Current through Supplement No. 393, July, 2024
If the director determines changes in construction are
				  necessary to ensure safety, the director may order the appropriate changes and
				  may order construction be stopped until the changes are made.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-11
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-04 - Requested inspections

Current through Supplement No. 393, July, 2024
1. Upon receipt of
				a written complaint that a dam, dike, or other device is unsafe because of its
				construction, maintenance, or operation, the department will examine the
				available information and determine if the complaint is justified.
2. If the department determines the complaint
				is unjustified, the department must notify the complainant in writing of that
				fact.
3. If the department
				determines the complaint is justified, the department will complete the
				necessary inspection and make a determination regarding the structure's safety.
				If construction is ongoing, all construction activities must cease until the
				department completes the inspection.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-21.1, 61-03-21.2,
					 61-04-11
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-05 - Periodic inspections after construction

Current through Supplement No. 393, July, 2024
The department may require inspection of a dam, dike, or
				  other device as often as necessary after construction to protect property and
				  assure safety.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-11,
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-03 - Inspections › Section 89-08-03-07 - Access to dams for inspection

Current through Supplement No. 393, July, 2024
The department has authority to enter upon land to inspect a
				  dam during construction, conduct periodic dam inspections after construction,
				  or conduct a dam inspection in response to a complaint that the dam is unsafe.
				  Except in emergency situations as determined by the director, the department
				  will request permission from the landowner to enter the property. If the
				  landowner refuses to give permission or fails to respond within five days of
				  the request, the department may request a district court order for
				  authorization to enter the property to inspect the dam.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-04 - Operation and Maintenance › Section 89-08-04-01 - Operating plan

Current through Supplement No. 393, July, 2024
By the fifteenth of February of each year, the operator of a
				  reservoir with a capacity of more than one thousand acre-feet must submit an
				  operating plan for that year to the department. The department will review the
				  operating plan, and if deficiencies or discrepancies exist, the department must
				  notify the owner of the dam of the deficiencies or discrepancies. The owner of
				  the dam must correct the deficiencies or discrepancies and return the corrected
				  operating plan to the department within fourteen days of receiving notice of
				  the deficiencies or discrepancies. The operating plan must be approved by the
				  director before the operation of the dam. If the operator receives no response
				  from the department within thirty days, the operating plan is approved.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-04 - Operation and Maintenance › Section 89-08-04-01 - Operation and Maintenance Manual

Current through Supplement No. 393, July, 2024
A medium-hazard or high-hazard dam owner must submit an
				  operation and maintenance manual for the dam and the appurtenant works to the
				  department. The manual must be maintained and updated on a regular basis, and
				  copies of all updates must be submitted to the department. Dam owners must
				  maintain their structures in an adequate manner.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-04 - Operation and Maintenance › Section 89-08-04-02 - Maintenance plan

Current through Supplement No. 393, July, 2024
Dam owners must maintain their structures in an adequate
				  manner. The director may require the owner of a dam with a capacity of more
				  than one thousand acre-feet to submit a maintenance plan for the dam and
				  appurtenant works.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-04 - Operation and Maintenance › Section 89-08-04-03 - Emergency action plan

Current through Supplement No. 393, July, 2024
The owner of a high-hazard or medium-hazard dam must submit
				  an emergency action plan for the dam to the department. The plan must be
				  approved by the director. The plan must be maintained and updated on a regular
				  basis, and copies of all updates must be submitted to the department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-04 - Operation and Maintenance › Section 89-08-04-03 - Emergency action plan

Current through Supplement No. 393, July, 2024
A high-hazard dam owner must submit an emergency action plan
				  for the dam to the department. The plan must be approved by the director. The
				  plan must be maintained and updated on a regular basis, and copies of all
				  updates must be submitted to the department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-21
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-01 - Authority

Current through Supplement No. 393, July, 2024
These rules are adopted and promulgated by the director under
				  North Dakota Century Code chapter 61-33 to provide consistency in the
				  administration and management of sovereign lands. These rules do not apply to
				  the state of North Dakota's interests in oil, gas, and related hydrocarbons on
				  sovereign lands.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-02 - Prohibition on permanent relinquishment

Current through Supplement No. 393, July, 2024
Sovereign lands may not be permanently relinquished, but must
				  be held in perpetual trust for the benefit of the citizens of the state of
				  North Dakota. All structures permitted or otherwise allowed for private use on
				  sovereign lands are subordinate to public use and values.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-03 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply to this article:
1. "Authorization" means a permit, easement,
				lease, or management agreement approved and granted by the department after
				application; and the authority granted in sections
				89-10-01-10 and
				89-10-01-19.
2. "Boardwalk" means a walk constructed of
				planking.
3. "Department" is
				defined in North Dakota Century Code section 61-03-01.2.
4. "Director" is defined in North Dakota
				Century Code section 61-03-01.2.
5.
				"Domestic use" means the use of water as defined by subsection 4 of North
				Dakota Century Code section 61-04-01.1.
6. "Grantee" means the person, including that
				person's assigns, successors, and agents who has authorization.
7. "Livestock" means bison, cattle, horses,
				mules, goats, sheep, and swine.
8.
				"Navigable waters" is defined in North Dakota Century Code section
				61-33-01.
9. "Ordinary high water
				mark" is defined in North Dakota Century Code section 61-33-01.
10. "Project" means any activity that occurs
				either partially or wholly on sovereign lands.
11. "Riparian owner" means a person who owns
				land adjacent to navigable waters or the person's authorized agent.
12. "Snagging and clearing" means the removal
				and disposal of fallen trees and associated debris encountered within and along
				the channel.
13. "Structure" means
				something that is formed from parts, including equipment, boat docks, boat
				ramps, and water intakes.
14.
				"Watercraft" means any device capable of being used as a means of
				transportation on waters.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-04 - Authorization

Current through Supplement No. 393, July, 2024
Each project requires an authorization from the department
				  before construction or operation, except as otherwise provided by these
				  rules.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-04 - Authorization

Current through Supplement No. 393, July, 2024
Each project requires an authorization from the department
				  before construction or operation, except as otherwise provided by these rules.
				  Any department authorization may be modified at the department's
				  discretion.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-05 - Application for permit, easement, lease, or management agreement

Current through Supplement No. 393, July, 2024
Applications for authorization must be on forms prescribed by
				  the department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-06 - Application review

Current through Supplement No. 393, July, 2024
Upon receipt of a completed application, the department must
				  initiate a review as follows:
1.
				Comments must be requested from the following entities:
a. The state game and fish
				department;
b. The department of
				environmental quality;
c. The state
				historical society;
d. The state
				department of trust lands;
e. The
				state parks and recreation department;
f. The United States fish and wildlife
				service;
g. The park district and
				planning commission of any city or county where the proposed project will be
				located;
h. Any water resource
				district where the proposed project will be located; and
i. Other agencies, private entities, or
				landowner associations as appropriate or required by law.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-06.1 - Record - Official notice

Current through Supplement No. 393, July, 2024
Unless specifically excluded by the director or the hearing
				  officer, the record in each sovereign land permit application proceeding or
				  adjudicative proceeding under North Dakota Century Code chapter 28-32 includes
				  the following:
1. United States
				department of agriculture natural resources conservation service reports,
				including the North Dakota hydrology manual, North Dakota irrigation guide, and
				county soil survey reports.
2.
				United States geological survey and department streamflow records.
3. National oceanic and atmospheric
				administration climatological data.
4. Topographic maps.
5. Department sovereign land permit
				files.
6. Information in department
				and state water commission files, records, and other published
				reports.
7. North Dakota sovereign
				land management plan.
8. Ordinary
				high water mark delineation guidelines.
9. Aerial photos.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-07 - Public meeting

Current through Supplement No. 393, July, 2024
An information-gathering public meeting may be held by the
				  department before final action on a project. The procedure for notice and
				  meeting must be as follows:
1. The
				department must publish a notice of meeting in the official newspaper for each
				county where the project is located. The notice must be published once each
				week for two consecutive weeks.
2.
				The meeting date must be at least twenty days after the date of last
				publication.
3. The meeting must be
				conducted by the department and the meeting may be held in Bismarck.
4. The meeting is not an adjudicative
				proceeding hearing under North Dakota Century Code chapter 28-32.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-08 - General permit standards

Current through Supplement No. 393, July, 2024
The department may approve, modify, or deny any permit
				  application. In deciding what action to take on a permit application, the
				  department must consider the potential effects of the proposed project on the
				  following:
1. Riparian owner's
				rights;
2. Recreation;
3. Navigation;
4. Aesthetics;
5. Environment;
6. Erosion;
7. Maintenance of existing water
				flows;
8. Fish and
				wildlife;
9. Water
				quality;
10. Cultural and
				historical resources; and
11.
				Alternative uses.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-08 - General permit standards

Current through Supplement No. 393, July, 2024
The department may grant, deny, or condition any permit
				  application. In deciding what action to take on a permit application, the
				  department must consider the potential effects of the proposed project on the
				  following:
1. Riparian owner's
				rights;
2. Recreation;
3. Navigation;
4. Aesthetics;
5. Environment;
6. Erosion;
7. Maintenance of existing water
				flows;
8. Fish and
				wildlife;
9. Water
				quality;
10. Cultural and
				historical resources; and
11.
				Alternative uses.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-10 - Projects not requiring a permit

Current through Supplement No. 393, July, 2024
The following projects do not require a permit:
1. Boat docks, if all of the following
				conditions are satisfied:
a. They are
				constructed, operated, and maintained by the riparian owner for personal
				use;
b. The dock is used only for
				embarkation, debarkation, moorage of watercraft, water intakes, or
				recreation;
c. Only clean,
				nonpolluting materials are used;
d.
				The total length of the dock over the surface of the water does not exceed
				twenty-five feet [7.6 meters] on a river or fifty feet [15.24 meters] on a
				lake, and there is no unreasonable interference with navigation or access to an
				adjacent riparian owner's property;
e. The dock is connected to a point above the
				ordinary high watermark by a boardwalk that does not exceed twenty-five feet
				[7.6 meters] in length and is removed from below the ordinary high watermark
				each fall; and
f. Upon abandonment,
				the grantee restores the bank as closely as practicable to its original
				condition.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-10.1 - Boat docks and water intakes

Current through Supplement No. 393, July, 2024
Boat docks and water intakes not meeting the criteria in
				  section 89-10-01-10 require a permit from
				  the department. Any person who violates this section must pay a two hundred
				  fifty dollar fee per day. The dock will be subject to removal at the dock
				  owner's expense.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-21.3, 61-33-02,
					 61-33-05, 61-33-10
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-10.2 - Boat dock registration

Current through Supplement No. 393, July, 2024
Boat docks that do not require a permit under this chapter
				  and that are located on the Missouri River between the Oliver and Morton County
				  line (river mile 1328.28) and Lake Oahe wildlife management area (river mile
				  1303.5) must be registered with the department before placement of any such
				  dock. The department must provide registration forms. Any person who violates
				  this section must pay a two hundred fifty dollar fee per occurrence. The dock
				  will be subject to removal at the dock owner's expense.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02, 61-33-05,
					 61-33-10
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-11 - Structures

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided in this chapter, the construction or moorage of a structure
				is prohibited on sovereign lands. If a structure is prohibited, the department:
a. Shall issue an order to the structure
				owner identifying the action required to modify or remove the structure and a
				date by which the ordered action must be taken. Unless an emergency exists, the
				date by which the ordered action must be taken must be at least twenty days
				after the order is issued.
b. If
				the ordered action is not taken by the date specified in the order, the
				department may modify or remove the structure at the structure owner's
				expense.
c. May commence a civil
				proceeding to enforce its order, or, if the department modifies or removes the
				structure, the department may assess the costs of such action against any
				property of the structure's owner or may commence a civil proceeding to recover
				the costs incurred in such action. If the department chooses to recover costs
				by assessing the costs against property of the structure's owner and the
				property is insufficient to pay for the costs incurred, the department may
				commence a civil proceeding to recover any costs not recovered through the
				assessment process. Any assessment levied under this section must be collected
				in the same manner as other real estate taxes are collected and paid.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-12 - Public recreational use

Current through Supplement No. 393, July, 2024
The public may use sovereign lands for recreational purposes
				  except as otherwise provided by these rules or by signage posted by the
				  department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-13 - Vehicular access

Current through Supplement No. 393, July, 2024
The use of motorized vehicles on sovereign lands is
				  prohibited, except:
1. When on
				government-established trails that have been permitted by the
				department;
2. When on sovereign
				lands immediately adjacent to the Kimball Bottoms off-road riding area located
				in the south half of sections 23 and 24 and the north half of sections 25 and
				26, all in township 137 north, range 80 west, Burleigh County;
3. When on state-designated off-road use
				areas, provided the area is managed and supervised by a government entity, the
				government entity has developed a management plan for the off-road area that
				has been submitted to the department, and the managing government entity has
				obtained a sovereign lands permit for off-road use in the designated
				area;
4. To cross a stream by use
				of a ford, bridge, culvert, or similar structure provided the crossing is in
				the most direct manner possible;
5.
				To launch or load watercraft in the most direct manner possible;
6. To access and operate on the frozen
				surfaces of any navigable water, provided the crossing of sovereign lands is in
				the most direct manner possible;
7.
				To access private land that has no other reasonable access point, provided that
				access across sovereign lands is in the most direct manner possible;
8. By disabled people who possess a
				mobility-impaired parking permit under North Dakota Century Code section
				39-01-15 or shoot from a stationary motor vehicle permit under subsection 10 of
				North Dakota Century Code section 20.1-02-05;
9. When operation is necessary as part of a
				permitted activity or project;
10.
				By the riparian owner on sovereign lands that are adjacent to the riparian
				owner's property when moving or tending to livestock; installing or maintaining
				a livestock fence; installing, maintaining, or moving an authorized
				agricultural irrigation structure; or when engaged in other ordinary
				agricultural practices, provided the listed activities do not negatively affect
				public use or values; or
11. When
				being used by government personnel in the performance of their duties.
Any person who violates this section must pay a one hundred
				  dollar fee per occurrence.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-14 - Cancellation by the director

Current through Supplement No. 393, July, 2024
The director may cancel any authorization granted under these
				  rules. Cancellation does not release the grantee from any liability. If an
				  applicant is named in an active enforcement action ordered by the department,
				  the department may hold any application submitted by the applicant in abeyance
				  until the order has been satisfied.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-15 - Termination by applicant

Current through Supplement No. 393, July, 2024
The grantee may terminate any authorization by notifying the
				  department in writing, paying all fees or other money owed to the state, and
				  reclaiming the site under section
				  89-10-01-18.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-16 - Assignments

Current through Supplement No. 393, July, 2024
Any authorization granted under these regulations may only be
				  assigned with the written consent of the department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-17 - Inspections

Current through Supplement No. 393, July, 2024
The department may inspect all projects on sovereign lands
				  and enter upon a grantee's land during normal working hours to carry out the
				  inspection.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-18 - Reclamation

Current through Supplement No. 393, July, 2024
After cancellation, termination, abandonment, or expiration
				  of an authorization, grantee must reclaim the project location within one
				  hundred twenty days. If the permit is for mining, reclamation must be within
				  sixty days after the lease expires or the mining is complete. Upon written
				  request, the department may extend the time period if good cause is shown. If
				  grantee fails to reclaim the site to the specifications in the authorization
				  within the required time frame, the department may enter and restore the
				  project location. The grantee is liable for all reclamation costs.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-19 - Maintenance and repair

Current through Supplement No. 393, July, 2024
Maintenance or repair of authorized projects does not require
				  additional authorization provided the work is in conformance with the original
				  authorization, standards, and specifications provided in this article and the
				  work does not alter the use or size of the project.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-20 - Areas of special interest

Current through Supplement No. 393, July, 2024
The department may enter agreements for management of areas
				  of high public value. Examples include parks, beaches, public access points,
				  nondevelopment areas, and wildlife management areas.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-21 - Organized group activities

Current through Supplement No. 393, July, 2024
Organized group activities that are publicly advertised or
				  are attended by more than twenty-five people are prohibited on sovereign lands
				  without a permit. Any person who violates this section is guilty of a
				  noncriminal offense and must pay a two hundred fifty dollar fee per
				  occurrence.
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-22 - Pets

Current through Supplement No. 393, July, 2024
Pets are not allowed to run unattended on sovereign lands.
				  Any person who violates this section is guilty of a noncriminal offense and
				  must pay a fifty dollar fee per occurrence.
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-23 - Camping

Current through Supplement No. 393, July, 2024
Camping for longer than ten consecutive days within a
				  thirty-day period in the same vicinity or leaving a campsite unattended for
				  more than twenty-four hours is prohibited on sovereign lands. Any person who
				  violates this section is guilty of a noncriminal offense and must pay a one
				  hundred dollar fee per occurrence.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-24 - Hunting, fishing, and trapping

Current through Supplement No. 393, July, 2024
All sovereign lands are open for public hunting, fishing, and
				  trapping, except as provided in other rules, regulations, or laws or as posted
				  at public entry points. Posting sovereign lands with signage by anyone other
				  than the department is prohibited without a sovereign lands permit. Any person
				  who violates this section must pay a one hundred dollar fee per
				  occurrence.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02, 61-33-05,
					 61-33-10
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-25 - Unattended watercraft

Current through Supplement No. 393, July, 2024
Watercraft may not be left unattended on or moored to
				  sovereign lands for more than twenty-four hours except:
1. When moored to authorized docks;
				or
2. When moored to private
				property above the ordinary high watermark with a restraint that does not cause
				unreasonable interference with navigation or the public's use of land below the
				ordinary high watermark.
Any person who violates this section is guilty of a
				  noncriminal offense and must pay a fifty dollar fee per day.
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-26 - Removal of public property

Current through Supplement No. 393, July, 2024
Public property, including trees, shrubs, vines, plants,
				  soil, gravel, fill, rocks, fossils, sod, firewood, posts, or poles, may not be
				  removed from sovereign lands without a permit. Firewood may be removed under
				  certain stated conditions from designated firewood cutting plots. Commercial
				  cutting of firewood is prohibited on sovereign lands. Gathering of downed wood
				  for campfires is allowed. A riparian owner may hay or graze sovereign lands
				  adjacent to the riparian owner's property, unless prohibited in writing by the
				  department. Berries and fruit may be picked for noncommercial use, unless
				  prohibited by posted notice. Property may not be destroyed or defaced. Any
				  person who violates this section must pay a two hundred fifty dollar fee per
				  occurrence.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02, 61-33-05,
					 61-33-10
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-27 - Cultural or historical resources

Current through Supplement No. 393, July, 2024
Artifacts or any other cultural or historical resources found
				  on sovereign lands may not be disturbed or destroyed without formal written
				  approval from the state historical society and a permit from the
				  department.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02,
					 61-33-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-28 - Disposal of waste

Current through Supplement No. 393, July, 2024
The disposal of refuse, rubbish, bottles, cans, or other
				  waste materials is prohibited on sovereign lands except in garbage containers
				  where provided. Holding tanks of campers or watercraft may not be dumped on
				  sovereign lands. Any person who violates this section is guilty of a
				  noncriminal offense and must pay a two hundred fifty dollar fee per
				  occurrence.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-29 - Glass containers

Current through Supplement No. 393, July, 2024
Glass containers are prohibited on sovereign lands. Any
				  person who violates this section is guilty of a noncriminal offense and must
				  pay a one hundred dollar fee per occurrence.
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-30 - Abandoned property

Current through Supplement No. 393, July, 2024
Abandonment of vehicles or other personal property is
				  prohibited on sovereign lands.
General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-31 - Firearms

Current through Supplement No. 393, July, 2024
Use of firearms on sovereign lands is allowed except in a
				  reckless and indiscriminate manner or as otherwise posted at public entry
				  points. Any person who violates this section is guilty of a noncriminal offense
				  and must pay a one hundred dollar fee per occurrence.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-33
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-32 - Tree stands

Current through Supplement No. 393, July, 2024
Construction of a permanent tree stand or permanent steps to
				  a tree stand is prohibited on sovereign lands. Portable tree stands, portable
				  steps, screw-in steps, and natural tree stands may be used. Portable tree
				  stands and portable steps are defined as those that are held to the tree with
				  ropes, straps, cables, chains, or bars. Screw-in steps are those that are
				  screwed into the tree by hand without the aid of tools. Ladder-type stands that
				  lean against the tree are portable stands. Natural stands are those crotches,
				  trunks, down trees, etc., where no platform is used. Tree stands do not preempt
				  hunting rights of others in the vicinity of the tree stand. Tree stands and
				  steps may not be put up before August twentieth and must be removed within
				  three days of the close of the archery deer season. Stands and steps not
				  removed within three days of the close of the archery deer season are
				  considered abandoned property and are subject to removal and confiscation by
				  the department. Any person who violates this section must pay a one hundred
				  dollar fee per tree stand.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02, 61-33-05,
					 61-33-10
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-33 - Baiting

Current through Supplement No. 393, July, 2024
Except as otherwise provided in this chapter, placing or
				  using bait to attract, lure, feed, or habituate wildlife to a bait location for
				  any purpose is prohibited on sovereign lands. Bait includes grains, minerals,
				  salt, fruits, vegetables, hay, or any other natural or manufactured feeds. Bait
				  does not include the use of lures, scents, or liquid attractants for hunting or
				  management activities conducted by the department. Bait may be used to lure and
				  take furbearers when engaged in lawful trapping activities. Any person who
				  violates this section must pay a one hundred dollar fee per occurrence.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-33-02, 61-33-05,
					 61-33-10