reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-01 - Intent

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to provide for the orderly and
				  consistent review of permit applications to construct, relocate, rebuild, or
				  alter agricultural dikes located within the floodplains of the Red River of the
				  North and Bois de Sioux Rivers. The authority to establish this chapter is
				  granted to the department by North Dakota Century Code section 61-16.1-38.
				  Similar rules will be in effect in the state of Minnesota. The two states
				  recognize that establishment of these rules governing the issuance, review, and
				  denial of permits to construct, relocate, rebuild, or alter agricultural dikes
				  along the Red and Bois de Sioux Rivers is but the first step in the exercise of
				  joint control over those activities which could contribute to an increased
				  flood potential of these rivers. The two states further recognize the need to
				  exercise this joint control in a cooperative and coordinated manner because
				  water management decisions which appear logical in a local or statewide context
				  may have negative interstate and international impacts. These rules will also
				  provide a basis for the review of existing unauthorized agricultural dikes
				  along the Red River and Bois de Sioux River.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-02-24,
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-02 - Application of chapter

Current through Supplement No. 393, July, 2024
This chapter governs the review, issuance, and denial of
				  permits to construct, relocate, rebuild, or alter agricultural dikes located
				  within the floodplains of the Red River of the North and the Bois de Sioux
				  River. Floodplain areas of the Red River of the North are defined in Appendix
				  0, Volume 8 of the Souris-Red-Rainy Basins Comprehensive Study of "Red River of
				  the North Main Stem Regional Floodplain Area" and the floodplain of the Bois de
				  Sioux River is defined by the United States geological survey one percent
				  change of recurrence area flood quadrangles. These criteria apply to dikes
				  constructed on tributaries within the floodplains of the Red River or the Bois
				  de Sioux River.
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 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-03 - Definitions

Current through Supplement No. 393, July, 2024
Unless the context otherwise requires, the following
				  definitions apply:
1. "Board of
				commissioners" means the board of commissioners of a water management
				district.
2. "Boundary rivers"
				means the Red River of the North and the Bois de Sioux River as they form a
				natural boundary between the states of Minnesota and North Dakota.
3. "Department" is defined in North Dakota
				Century Code section 61-03-01.2.
4.
				"Dike" means an embankment constructed of earth or other suitable materials to
				protect agricultural lands from floods which result from overflow of
				watercourses or from diffused surface waters.
5. "Director" is defined in North Dakota
				Century Code section 61-03-01.2.
6.
				"District" means water resource district.
7. "Farmstead" means a farm dwelling or
				associated farm buildings.
8.
				"Flood frequency" means the average frequency, statistically determined, for
				which it is expected that a specific flood stage or discharge may be equaled or
				exceeded. This frequency is usually expressed as having a probability of
				occurring, on the average, once within a specified number of years.
9. "Floodwaters" means those waters which
				temporarily inundate normally dry areas adjoining a watercourse. This
				inundation results from an overflow of the watercourse caused by excessive
				amounts of rainfall or snowmelt which exceed its capacity.
10. "Person" means a human being, firm,
				partnership, association, corporation, or any other type of private legal
				relationship, and any governmental organization, which includes, but is not
				limited to, any agency of the United States, a state agency, and any political
				subdivision of the state.
11. "Ring
				dike" means an embankment constructed of earth or other suitable materials for
				the purpose of enclosing a farmstead.
12. "Watershed" means the area draining into,
				or contributing water to, the Red River of the North or the Bois de Sioux
				River.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-04 - Severability

Current through Supplement No. 393, July, 2024
The provisions of this chapter shall be severable, and the
				  invalidity of any section or subsection shall not make void any other section
				  or subsection, or any other part.
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 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-05 - Design criteria

Current through Supplement No. 393, July, 2024
1. Dikes shall be
				constructed so as not to cause an increase in the elevation of floodwaters
				which will result in an unreasonable increase in flood damages due to the
				displacement of floodwaters. However, in no event shall dikes, based on total
				encroachment, increase the elevation of floodwater of the one hundred year
				frequency flood of more than one-half foot [15.24 centimeters].
2. Calculation of the effects of proposed
				dikes shall be based on the dikes being located on both sides of the Red and
				Bois de Sioux Rivers so as not to cause more than one-half of the maximum
				allowable stage increase. If mutual agreement has been reached between persons
				on both sides of the river, dikes on one side of the river may utilize the
				entire increase in flood stage elevation allowable.
3. Dike dimensions. Dike top widths shall not
				be less than six feet [1.83 meters]. Side slopes shall not be steeper than 3:1,
				except whose slope stability analysis and slope erosion control can justify
				steeper slopes. No organic soil or material shall be allowed in the foundation
				of the fill of dikes.
4.
				Vegetative cover and riprap. A protective cover of grasses shall be established
				on all exposed surfaces of the dike. Riprap shall be used where required for
				control of erosion.
5. Interior
				drainage. Dikes shall have provisions for interior drainage. The design shall
				include plans to handle the discharge from the drainage area based on drainage
				design requirements for the local area.
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 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-06 - Dike design data

Current through Supplement No. 393, July, 2024
The department shall provide the discharges and corresponding
				  elevations of various frequency floods (and other available flood data), in
				  relation to known historic floods, for use in dike design.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-07 - Dikes across natural waterways and legal drains

Current through Supplement No. 393, July, 2024
Dikes shall not be constructed across tributaries to the Red
				  River and the Bois de Sioux River without proper authorization from the
				  appropriate agency. Dike setbacks along tributary waterways to the Red River
				  and the Bois de Sioux River, within the area defined in section
				  89-05-01-02, shall meet the
				  criteria as stated in section
				  89-05-01-04. Dikes constructed
				  across special assessment drains or public ditch systems constructed pursuant
				  to North Dakota Century Code title 61 shall require the approval of the
				  appropriate water resource district.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-08 - Farmstead diking

Current through Supplement No. 393, July, 2024
Within an existing dike system, ring dikes around individual
				  farmsteads shall not require permits if they do not include tiebacks to
				  existing roadways or dikes. Ring dikes with tiebacks shall be considered part
				  of the overall dike system and will be required to secure diking permits. This
				  waiver of a permit requirement for ring dikes from the director does not
				  relieve the necessity of appropriate authorization for ring dikes from the
				  local water resource district in accordance with the North Dakota Century
				  Code.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-09 - Application for permit

Current through Supplement No. 393, July, 2024
All applications submitted by the owner to construct, to
				  relocate, rebuild, or alter dikes shall be made on forms provided by the
				  department and shall be accompanied by two complete sets of plans or
				  specifications. Such plans and specifications shall include the
				  following:
1. A general location map
				with a minimum scale of one inch to eight hundred feet [2.54 centimeters to
				243.84 meters] showing the following:
a.
				Location of the dike with respect to the watercourse.
b. Location of field inlets to provide for
				internal drainage.
c. Location of
				legal drains and natural channels tributary to the main river
				channel.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-10 - Joint permit applications

Current through Supplement No. 393, July, 2024
Joint permit applications involving two or more landowners or
				  a permit application on behalf of two or more landowners will be accepted by
				  the department. These permit applications, taken together, must meet the
				  requirements of this chapter.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-11 - Referral to water resource district

Current through Supplement No. 393, July, 2024
Within forty-five days after the receipt of a permit
				  application, the department shall make recommendations and suggestions
				  concerning the propriety and efficiency of the proposal to the water resource
				  district within which the contemplated project is located. The water resource
				  district shall, in accordance with this chapter, review the application and
				  impose any conditions for the orderly management of water resources it deems
				  necessary. The permit application shall then be returned to the director for
				  final approval. Unless an exception is granted pursuant to section
				  89-05-01-15, the director and the
				  water resource district shall not allow the construction of a dike not in
				  conformance with this chapter nor which is unsafe, improper, or dangerous, and
				  may order such changes as necessary for safety or the protection of
				  property.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-12 - Issuance of permits

Current through Supplement No. 393, July, 2024
Dike permits will be issued only upon concurrent approval of
				  the director and the appropriate water resource district. Approval of the
				  permit will in no way relieve the owner from damages which may be caused or
				  created by construction of the dikes.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-13 - Joint administration

Current through Supplement No. 393, July, 2024
A copy of each application and accompanying information for a
				  permit shall be forwarded by the department to the department of natural
				  resources of Minnesota for comment and recommendation before final approval is
				  granted. If comments are not received within thirty days, the department shall
				  process the permit without such comments.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-02-24,
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-14 - Permit revocation

Current through Supplement No. 393, July, 2024
The applicant shall provide certification by a registered
				  land surveyor, engineer, or other qualified person or agency that the finished
				  dike elevations are not higher than those approved by the director. The permit
				  will be revoked for failure to provide this certification. The permit may be
				  revoked for failure to construct the dike in accordance with the plans and
				  specifications submitted. Structural alteration of the dike without permission
				  of the director and the appropriate water resource district will also result in
				  revocation of the permit.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-15 - Dike reconstruction or rebuilding

Current through Supplement No. 393, July, 2024
Reconstruction or rebuilding of any authorized dikes shall
				  require notification to the department and recertification upon completion in
				  accordance with section
				  89-05-01-14.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-16 - Exception to the criteria

Current through Supplement No. 393, July, 2024
Under special circumstances, exceptions to the dike criteria
				  may be authorized on an individual basis but they must have the concurrent
				  approval of the director, local water resource board in North Dakota, Minnesota
				  department of natural resources, and local watershed district in Minnesota.
				  Factors that will be considered, among other things, shall be increase in flood
				  stage, increase of stage at existing city dikes, increase in stream velocity,
				  and environmental effects. In addition, the director will authorize the
				  utilization of farmsteads, property lines, and existing roads for dike
				  construction, consistent with this chapter.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-05 - Construction of Dikes › Chapter 89-05-01 - Construction of Dikes Within the Floodplains of the Red River of the North and the Bois de Sioux Rivers › Section 89-05-01-17 - Application to existing dikes

Current through Supplement No. 393, July, 2024
This chapter applies to all unauthorized dikes constructed in
				  the past for the protection of those agricultural lands located within the
				  floodplains of the Red River of the North and the Bois de Sioux, as defined in
				  section 89-05-01-02. Exceptions are
				  farmstead dikes which meet the provisions of section
				  89-05-01-08.
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 89-06 - Funding From the Resources Trust Fund › Chapter 89-06-01 - Rules Governing the State Water Commission's Analysis of a Proposed Water Project or Study Seeking Financial Assistance from the Resources Trust Fund › Section 89-06-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply to this article:
1. "Applicant" means the party submitting a
				proposal.
2. "Commission" is
				defined in North Dakota Century Code section 61-02-02.
3. "Department" is defined in North Dakota
				Century Code section 61-03-01.2.
4.
				"Proposal" means an application for a water-related project or a water-related
				project submitted to the department for financial assistance from the resources
				trust fund.
General Authority:
NDCC 61-02-11,
					 61-02-14
Law Implemented:
NDCC 57-51.1-07.1,
					 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-06 - Funding From the Resources Trust Fund › Chapter 89-06-01 - Rules Governing the State Water Commission's Analysis of a Proposed Water Project or Study Seeking Financial Assistance from the Resources Trust Fund › Section 89-06-01-02 - Initial review

Current through Supplement No. 393, July, 2024
The commission will make an initial review of a proposal to
				  decide whether the project or study is eligible for funding from the resources
				  trust fund.
1.
Information
				required for the review of the project or study.
An applicant must
				submit, as applicable:
a. A description of
				the purpose and goals.
b. The area
				where the proposed project is to be physically located or the study is to be
				undertaken.
c. The area to be
				served.
d. Maps, diagrams, and any
				engineering plans or specifications already completed.
e. The approximate cost of carrying out the
				proposal.
f. An estimate of any
				revenue the project is expected to generate.
g. The amount of funding sought from the
				resources trust fund and the amount the applicant intends to contribute to
				carry out the proposal.
h. The
				results of all efforts made to secure funds from sources other than the
				resources trust fund.
i. An
				explanation why assistance from the resources trust fund is
				necessary.
j. An explanation how
				the project or study relates to any master plans of water resource districts
				affected.
k. A preliminary report
				on the engineering feasibility of the project.
I. A general discussion of any objections to
				the proposal.
m. Other information
				the applicant believes pertinent or the commission requests.
n. A general explanation of all alternatives
				considered and whether an alternative project or study can satisfy the
				objectives.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-01 - General provisions

Current through Supplement No. 393, July, 2024
This chapter applies to any weather modification operations
				  conducted in North Dakota. This chapter must be applied in conjunction with
				  North Dakota Century Code chapter 61-04.1.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-02,
					 61-04.1-08(3)
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-02 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply to this chapter and North
				  Dakota Century Code chapter 61-04.1:
1. "Applicant" means any person who applies for a
				  professional weather modification license or permit.
2. "Director" means the executive director of the atmospheric
				  resource board.
3. "License" means a weather modification license.
4. "Licensee" means a person to whom a license has been
				  issued.
5. "Operations area" means a geographic area where weather
				  modification operations are conducted.
6. "Permit" means a weather modification permit.
7. "Permittee" means a person to whom a permit has been
				  issued.
8. "Target area" means an area where the effects of weather
				  modification are desired.
9. "Weather modification apparatus" means any device used to
				  dispense any chemical material used to modify any weather
				  condition.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-03 - Administration

Current through Supplement No. 393, July, 2024
Except as otherwise provided, the powers and duties of the
				  board must be exercised by the director or the director's
				  designee.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-08(3)
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-04 - Exempt activities

Current through Supplement No. 393, July, 2024
Any person intending to conduct any exempt activities under
				  North Dakota Century Code section 61-04.1-12 must furnish notice of such
				  intention to the board at least thirty days before the time such activities are
				  to begin. Notice must consist of the following information and such other
				  information as the board deems necessary:
1. The name and address of the person giving
				notice.
2. The name and address of
				the person who will conduct the activity.
3. A description of the procedures to be used
				in the operation or the research and development.
4. A description of the object of the
				activity.
5. The legal description
				and a map showing the operations area and target area, if any.
6. The approximate starting date of the
				activity and its anticipated duration.
7. A description of the equipment to be used
				in conducting the activity.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3), 61-04.1-12
Law Implemented:
NDCC
					 61-04.1-12
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-05 - Approval of exempt activities

Current through Supplement No. 393, July, 2024
No weather modification activity intended to be conducted
				  under North Dakota Century Code section 61-04.1-12 may begin without approval
				  of the board if such activity is to be conducted outside with weather
				  modification apparatus. The board may only approve those activities that
				  provide for the protection of the health, safety, and welfare of those people
				  who may be affected by such activities and that otherwise comply with North
				  Dakota Century Code section 61-04.1-12.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-12,
					 61-04.1-16
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-06 - Field presence required

Current through Supplement No. 393, July, 2024
Every person intending to conduct operations in this state
				  must designate to the board, on forms furnished by the board, at least one
				  natural person who must at all times be physically present during all
				  operations for which a permit is required and who will be the contractor's
				  immediate point of contact in the field. The designated individual will be
				  fully apprised of the status of the contractor's project equipment and
				  personnel at all times and will coordinate the contractor's field
				  activities.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3), 61-04.1-14
Law Implemented:
NDCC 61-04.1-11,
					 61-04.1-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-07 - Criteria for issuance of license

Current through Supplement No. 393, July, 2024
The competence of any applicant to engage in weather
				  modification operations must be demonstrated to the board under North Dakota
				  Century Code section 61-04.1-14. Applicants must show that any natural person
				  designated by the applicant who will be in the full-time employment solely of
				  the applicant during the project period and who will oversee the applicant's
				  actions during the project has:
1. A
				minimum of one year of field experience in the management and control of
				weather modification operations or research; and
2. One of the following requirements:
a. Four additional years' experience in
				weather modification operations or research;
b. A degree in mathematics, engineering, or
				the physical sciences, plus two years' additional experience in weather
				modification operations or research;
c. A degree in meteorology; or
d. A degree in mathematics, engineering, or
				the physical sciences that includes at least twenty-five semester hours of
				coursework in meteorology.
In determining competency, the board may also consider any
				  other items set forth in a license application under section
				  89-07-02-08.
At least one such natural person designated by the applicant
				  and licensed by the board must be available for immediate consultation by the
				  board, at a location made known to the board by the contractor, at all times
				  while the project is ongoing.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-08 - Application procedure

Current through Supplement No. 393, July, 2024
An applicant for a license must apply to the board on forms
				  furnished by the board. The forms may require relevant information about the
				  knowledge and experience of the applicant and the natural person designated
				  under section
				  89-07-02-06 and must
				  include:
1. Educational background, at
				the college and graduate level, of both the natural person designated by the
				applicant and the other employees of the applicant. This includes the dates of
				attendance and graduation; the major and minor subjects studied, including the
				number of semester hours of meteorological coursework; the degrees received;
				and the titles of any thesis or dissertation.
2. Experience in weather modification or
				related activities of both the natural person designated by the applicant and
				the other employees of the applicant. Attention should be given to experience
				with reference to meteorological conditions typical of North Dakota. The
				applicant should list the dates of each position held by the natural person
				designated under section
				89-07-02-06, the title of position
				(indicate whether it was of subprofessional or professional level), the name
				and address of the employer, a description of the work done (indicate both the
				magnitude and complexity of the work and the duties and degree of
				responsibility for the work), and the name and address of the
				supervisor.
3. Scientific or
				engineering society affiliations of the natural person designated by the
				applicant and the grade of membership in and certification by each
				society.
4. Publications, patents,
				and reports of the natural person designated by the applicant.
5. Three references who will attest to the
				natural person's character, knowledge, and experience.
6. A list of all jurisdictions where the
				applicant has previously filed an application for a professional weather
				modification license. The result of the applications should be
				indicated.
7. Indication whether a
				professional weather modification license issued to the applicant in any
				jurisdiction has ever been suspended or revoked or whether there has been
				refusal to renew such a license by any jurisdiction. Such circumstances must be
				explained in detail.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3), 61-04.1-14
Law Implemented:
NDCC
					 61-04.1-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-09 - Procedure for issuance

Current through Supplement No. 393, July, 2024
The board must evaluate the applications, including responses
				  from any references given by the applicant. On the basis of all such
				  information the board, within thirty days of receipt of an application, must
				  determine whether the natural person designated by the license applicant under
				  section 89-07-02-06 meets the education
				  and experience criteria established by section
				  89-07-02-07 and whether the
				  natural person and the applicant possess the knowledge and experience necessary
				  to engage in weather modification operations. The board must issue a license to
				  the applicant who satisfies the requirements of this chapter and North Dakota
				  Century Code section 61-04.1-14. If an applicant for a license or the natural
				  person designated by the applicant does not satisfy the requirements, the board
				  must deny the license.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3), 61-04.1-14
Law Implemented:
NDCC
					 61-04.1-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-10 - Renewal of license

Current through Supplement No. 393, July, 2024
Forty-five days before expiration of licenses, the board must
				  provide license application forms to all licensees and request each licensee to
				  complete the form and file the original with the board. The board must evaluate
				  the available data about the licensee and the natural person, designated by the
				  license applicant under section
				  89-07-02-06, and must issue a
				  renewal license within thirty days of receipt of the application to each
				  applicant who pays the license fee established by subsection 1 of North Dakota
				  Century Code section 61-04.1-14 and who has the qualifications necessary for
				  issuance of an original license. The board must deny a renewal license within
				  thirty days of receipt of the application of each applicant who does not pay
				  the renewal fee, who does not possess the qualifications necessary for issuance
				  of an original license, or who does not designate a natural person, under
				  section 89-07-02-06, who satisfies the
				  requirements of section
				  89-07-02-07.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3), 61-04.1-14
Law Implemented:
NDCC
					 61-04.1-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-11 - Responsibility of controller

Current through Supplement No. 393, July, 2024
The natural person designated by the license applicant under
				  section 89-07-02-06 is deemed by the board
				  to be in control of and primarily responsible for operations conducted under
				  the terms of any permit. However, nothing in this section may be construed to
				  prevent appropriate enforcement of any regulation, limitation, permit
				  condition, or order against either the permittee or licensee, whether or not
				  such licensee is a natural person.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-18,
					 61-04.1-37
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-12 - Suspension, revocation, refusal to renew a license

Current through Supplement No. 393, July, 2024
In addition to the reasons cited in North Dakota Century Code
				  section 61-04.1-15, the board may suspend, revoke, or refuse to renew a license
				  for violation of any permit.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-14,
					 61-04.1-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-13 - Restoration of license

Current through Supplement No. 393, July, 2024
At any time after the suspension or revocation of a license
				  or after refusal to renew a license, the board may restore the license to the
				  licensee or renew it upon a finding that the licensee has met the requirements
				  for issuance of an original license.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-15 - Procedure for issuance

Current through Supplement No. 393, July, 2024
1.
Notice.
The board must give notice of its consideration of an
				application under North Dakota Century Code section 61-04.1-17. Notice must be
				given once a week for two consecutive weeks. The notice must:
a. Describe the primary target
				area.
b. Describe the operations
				area.
c. Specify the period of
				operation, including starting and ending dates.
d. Describe the general method of
				operation.
e. Describe the intended
				effect of the operation.
f. State
				the name of the proposed permittee.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-16 - Permit form

Current through Supplement No. 393, July, 2024
Each permit must set forth the permit number, effective
				  period of the permit, name of the permittee, name of the licensee and the
				  license number, location of the operation, and such other information, terms,
				  or conditions as the board deems appropriate.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-16
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-17 - Permit conditions

Current through Supplement No. 393, July, 2024
The board may attach conditions to any permit as it deems
				  appropriate, including any conditions concerning method and time of operation,
				  target and operation areas, safety precautions, and recordkeeping. Permittee
				  must submit an operations plan that includes the types of seeding agents to be
				  used, the methods and equipment to be employed in seeding operations, and the
				  emergency shutdown procedures, including the conditions under which operations
				  will be suspended. Violation of any permit may result in permit revocation,
				  suspension, or other appropriate enforcement action by the
				  board.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-16(2)
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-18 - Permit expiration

Current through Supplement No. 393, July, 2024
All permits that have expired under North Dakota Century Code
				  section 61-04.1-16 are nonrenewable.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC
					 61-04.1-16
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-19 - Suspension - Revocation - Modification

Current through Supplement No. 393, July, 2024
In addition to the reasons cited in North Dakota Century Code
				  section 61-04.1-18, the board may suspend, revoke, or modify any permit or any
				  provision or condition of a permit if it appears to the board that the
				  permittee has violated the North Dakota Century Code or the terms or conditions
				  of any permit held by the permittee.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-16,
					 61-04.1-18
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-20 - Automatic suspension of permit

Current through Supplement No. 393, July, 2024
Any permit issued under this chapter is automatically
				  suspended if the person's weather modification license expires or is suspended,
				  revoked, or not renewed by the board. In the case of a permit issued to a
				  corporation, partnership, or other business association, if the natural person
				  designated as being in control of the operation in such business association's
				  application for a weather modification license becomes incapacitated, leaves
				  the business association's employment, or is in any way unable to continue in
				  control of the operation, automatic suspension of the permit will result. A
				  permit of a business association suspended under such circumstances may be
				  reinstated by the nomination of replacement personnel under section
				  89-07-02-08.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-16,
					 61-04.1-18
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-21 - Restoration of permit

Current through Supplement No. 393, July, 2024
At any time after the suspension, revocation, or modification
				  of a permit, the board may restore it to the permittee or delete any
				  modification thereof upon a finding that the requirements for issuance of an
				  original permit have been met by the permittee or that the conditions requiring
				  modification no longer exist.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-16,
					 61-04.1-18
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-22 - Proof of financial responsibility

Current through Supplement No. 393, July, 2024
Proof of financial responsibility is made by showing to the
				  satisfaction of the board that the permittee has the ability to respond to
				  liability that might reasonably result from the operation for which the permit
				  is sought. Such proof of financial responsibility may be shown by any of the
				  following:
1. Presentation to the
				board or proof of purchase of a prepaid noncancelable insurance policy or a
				corporate surety bond, issued by a company against whom service of legal
				process may be made in North Dakota, against liabilities in an amount five
				times the value of an operation conducted under contract or in an amount five
				times the estimated costs of an operation not conducted under
				contract.
2. Depositing with the
				board cash or negotiable securities in an amount five times the value of an
				operation conducted under contract or in an amount five times the estimated
				costs of an operation not conducted under contract.
3. Any other manner approved by the
				board.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 61-04.1-16,
					 61-04.1-19
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-23 - Records

Current through Supplement No. 393, July, 2024
1.
Daily log.
Each permittee
				must retain a daily log of weather modification activities for each unit of
				weather modification apparatus used during an operation that includes:
a. Date of the weather modification
				activity.
b. Each aircraft flight
				track and location of each radar unit during each modification mission. Maps
				may be used.
c. Local time when
				modification activity began and ended. For intermittent operations, the
				beginning and ending time of the total sequence are acceptable.
d. Duration of operation of each unit of
				weather modification apparatus, in hours and minutes.
e. Description of type of modification agents
				used.
f. Rate of dispersal of agent
				during the period of actual operation of weather modification apparatus, by
				hour or other appropriate time period.
g. Total amount of modification agent used.
				If more than one agent was used, report total for each type
				separately.
h. Local time when any
				radar monitoring operations were turned on and turned off.
i. Type of clouds modified, that is, whether
				they were stratiform, isolated cumuliform, organized cumuliform, or other types
				of clouds.
j. Remarks indicating
				operational problems, including equipment failure, weather conditions not
				conducive to successful performance of the operation, or personnel
				problems.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-24 - Reports

Current through Supplement No. 393, July, 2024
1.
Final.
Within sixty days
				after final completion of any operation, each permittee must file with the
				board a final report on the operation that must include:
a. Copies of the daily logs prepared under
				subsection 1 of section
				89-07-02-23, copies of the monthly
				totals for the entire operational period from the monthly summary records
				prepared under subsection 2 of section
				89-07-02-23, and a narrative
				summary of permittee activities during the operational period.
b. A copy of the federal final activity
				report form filed with the national oceanic and atmospheric administration
				under the rules adopted under Public Law 92-205 [85 Stat. 735].
c. A narrative account of the manner in which
				the operation did not conform to the operational plan filed under subsections 1
				through 16 of section
				89-07-02-14.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-07 - Atmospheric Resource Board › Chapter 89-07-02 - Weather Modification Operations › Section 89-07-02-26 - Award of contracts

Current through Supplement No. 393, July, 2024
1.
Deviation from technical requirements.
Any or all bids may be
				rejected by the board on the basis of technical inadequacy or other failure to
				comply with the specifications included in the request for bids.
2.
Contractor's bond.
Before the
				board awards any contract, it must require the contractor to furnish a surety
				bond for the faithful performance of the contract in an amount up to
				twenty-five percent of the contract price, conditioned that the contractor and
				the contractor's agents will in all respects faithfully perform all weather
				modification contracts undertaken with the board and will comply with North
				Dakota Century Code chapter 61-04.1, this chapter, and the contract between the
				board and the contractor. If the contract involves the erection, repair, or
				alteration of any public improvement, the surety bond must be in the full
				amount of the contract price.
General Authority:
NDCC 28-32-02,
					 61-04.1-08(3)
Law Implemented:
NDCC 44-08-01, 61-04.1-33,
					 61-04.1-34, 61-04.1-35
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-01 - Definitions › Section 89-08-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply in this article:
1. "Appurtenant works" means all works
				incident or attached to a dam, dike, or other device, including:
a. A spillway, either in the dam or separate
				from it;
b. The reservoir and its
				rim;
c. A low-level outlet;
				and
d. A water conduit, such as a
				tunnel, pipeline, or penstock, either through the dam, dike, or other device or
				their abutments.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-08 - Dams, Dikes, and Other Devices › Chapter 89-08-01 - Definitions › Section 89-08-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply in this article:
1. "Agricultural dike" means a dike capable
				of protecting land used for agriculture or similar purposes.
2. "Appurtenant works" means all works
				incident or attached to a dam, dike, or other device, including:
a. A spillway, either in the dam or separate
				from it;
b. The reservoir and its
				rim;
c. A low-level outlet;
				and
d. A water conduit, such as a
				tunnel, pipeline, or penstock, either through the dam, dike, or other device or
				their abutments.
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 the capacity of dams, dikes, or other devices

Current through Supplement No. 393, July, 2024
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.
				  The diverting capacity of a dike is calculated based upon the area protected as
				  measured from the effective top of dike. If the absence of the dike could
				  result in more than fifty acre-feet of water inundating the protected area, a
				  permit is required. 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. No construction can
				  begin until a construction permit is obtained.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-16.1-38