North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1385 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.1067.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Schreiber-Beck, Beltz, Brandenburg, Grueneich, Hauck, Headland, Mitskog,
7	7	Warrey
8	8	Senator Weber
9	9	A BILL for an Act to amend and reenact section 61-16.1-38, subsection 1 of section
10	10	61-16.1-53.1, section 61-32-03, and subsection 1 of section 61-32-08 of the North Dakota
11	11	Century Code, relating to deadlines for permits issued by the department of water resources.
12	12	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13	13	SECTION 1. AMENDMENT. Section 61-16.1-38 of the North Dakota Century Code is
14	14	amended and reenacted as follows:
15	15	61-16.1-38. Permit to construct or modify dam, dike, or other device required -
16	16	Penalty - Emergency.
17	17	1.Dikes, dams, or other devices for water conservation, flood control regulation,
18	18	watershed improvement, or water storage must be constructed in accordance with this
19	19	chapter. A permit is required from the department for the construction of a:
20	20	a.A low-hazard dam or other device capable of retaining, obstructing, or diverting
21	21	more than fifty acre-feet [61674.08 cubic meters] of water; a
22	22	b.A medium-hazard or high-hazard dam capable of retaining, obstructing, or
23	23	diverting more than twenty-five acre-feet [30837.04 cubic meters] of water; an
24	24	c.An agricultural dike capable of protecting more than eighty acres [32.37 hectares]
25	25	of land area; or any
26	26	d.Any dike capable of protecting an occupied residence or structure or public
27	27	infrastructure.
28	28	2.A permit application for the construction of any dike, dam, or other device, along with
29	29	complete plans and specifications, must be submitted to the department of water
30	30	resources. Except for low-hazard dams less than ten feet [3.05 meters] in height,
31	31	agricultural dikes, or a farmstead ring dike, the plans and specifications must be
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33	33	HOUSE BILL NO. 1385
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58	58	Legislative Assembly
59	59	completed by a professional engineer. The professional engineer must be registered in
60	60	this state. The department shall consider the application in such detail as the
61	61	department deems necessary and proper. The department shall refuse to allow the
62	62	construction of any unsafe or improper dike, dam, or other device that would interfere
63	63	with the orderly control of the water resources of the district, or may order changes,
64	64	conditions, or modifications as in the department's judgment may be necessary for
65	65	safety or the protection of property.
66	66	3.Within forty-five days after application receipt, except in unique or complex situations,
67	67	the department shall complete the initial review of the application and forward the
68	68	application, along with any changes, conditions, or modifications, to the water
69	69	resource board of the district within which the contemplated project is located. The
70	70	board shall consider the application within forty-five days, and suggest any changes,
71	71	conditions, or modifications to the department. If the board approves the application,
72	72	the board shall forward the approved application to the department. If the board fails to
73	73	respond within forty-five days, the board will be deemed to have no changes,
74	74	conditions, or modifications to make.
75	75	4.The department shall make the final decision on the application andwithin one
76	76	hundred twenty days after the department receives a completed application. The
77	77	department shall forward that decision to the applicant and the local water resource
78	78	board. If the department fails to approve the permit application within that period, the
79	79	permit is approved with no conditions. The department may issue temporary permits
80	80	for dikes, dams, or other devices in cases of an emergency.
81	81	5.Any person constructing a dam, dike, or other device without first securing a
82	82	necessary permit, as required by this section, is liable for all damages proximately
83	83	caused by the dam, dike, or other device, and is guilty of a class B misdemeanor.
84	84	SECTION 2. AMENDMENT. Subsection 1 of section 61-16.1-53.1 of the North Dakota
85	85	Century Code is amended and reenacted as follows:
86	86	1.The board shall make the decision required by section 61-16.1-53 within a reasonable
87	87	time, not exceeding one hundred twenty days, after receiving the complaint. The board
88	88	shall notify all parties of its decision by certified mail. Any aggrieved party may appeal
89	89	the board's decision to the department of water resources. The appeal to the
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123	123	department must be made within thirty days from the date notice of the board's
124	124	decision has been received. The appeal must be made by submitting a written notice
125	125	to the department which must state specifically the reason why the board's decision is
126	126	erroneous. The appealing party also shall submit copies of the written appeal notice to
127	127	the board and to all nonappealing parties. Upon receipt of this notice the board, if it
128	128	has ordered removal of a dam, dike, or other device, is relieved of its obligation to
129	129	procure the removal of the dam, dike, or other device. The department shall handle
130	130	the appeal by conducting an independent investigation and making an independent
131	131	determination of the matter. The department may enter property affected by the
132	132	complaint to investigate the complaint. The department shall make a decision on an
133	133	appeal within a reasonable time, not exceeding one hundred twenty days from the
134	134	department's receipt of the appeal. If the department fails to make a decision on an
135	135	appeal within that period, the appeal is denied.
136	136	SECTION 3. AMENDMENT. Section 61-32-03 of the North Dakota Century Code is
137	137	amended and reenacted as follows:
138	138	61-32-03. Permit to drain waters required - Penalty.
139	139	1.Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof,
140	140	which has a watershed area comprising eighty acres [32.37 hectares] or more, shall
141	141	first secure a permit to do so. The permit application must be submitted to the
142	142	department of water resources. TheWithin one hundred twenty days after the
143	143	department receives a completed application, the department shall refer the
144	144	application to the water resource district or districts within which is found a majority of
145	145	the watershed or drainage area of the pond, slough, lake, or sheetwater for
146	146	consideration and approval, but the department may require applications proposing
147	147	drainage of statewide or interdistrict significance be returned to the department for
148	148	final approval. If the department fails to refer the application within one hundred twenty
149	149	days, the water resource district or districts within which is found a majority of the
150	150	watershed or drainage area may consider and approve the application, with
151	151	reasonable conditions.
152	152	2.A permit may not be granted until an investigation discloses the quantity of water
153	153	which will be drained from the pond, slough, lake, or sheetwater, or any series of those
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187	187	water bodies, will not flood or adversely affect downstream lands. If the investigation
188	188	shows the proposed drainage will flood or adversely affect lands of downstream
189	189	landowners, the water resource board may not issue a permit until flowage easements
190	190	are obtained. The flowage easements must be filed for record in the office of the
191	191	recorder of the county or counties in which the lands are situated. An owner of land
192	192	proposing to drain shall undertake and agree to pay the expenses incurred in making
193	193	the required investigation. This section does not apply to the construction or
194	194	maintenance of any existing or prospective drain constructed under the supervision of
195	195	a state or federal agency, as determined by the department of water resources.
196	196	3.Any person draining, or causing to be drained, a pond, slough, lake, or sheetwater, or
197	197	any series of those water bodies, which has a watershed area comprising eighty acres
198	198	[32.37 hectares] or more, without first securing a permit to do so, as provided by this
199	199	section, is liable for all damage sustained by any person caused by the draining, and
200	200	is guilty of an infraction.
201	201	4.As used in this section, sheetwater means shallow water that floods land not normally
202	202	subject to standing water.
203	203	5.The department of water resources may adopt rules for temporary permits for
204	204	emergency drainage.
205	205	SECTION 4. AMENDMENT. Subsection 1 of section 61-32-08 of the North Dakota Century
206	206	Code is amended and reenacted as follows:
207	207	1.The board shall make the decision required by section 61-32-07 within a reasonable
208	208	time, but not to exceed one hundred twenty days, after receiving the complaint. The
209	209	board shall notify all parties of its decision by certified mail. Any aggrieved party may
210	210	appeal the board's decision to the department of water resources. The appeal to the
211	211	department must be made within thirty days from the date notice of the board's
212	212	decision has been received. The appeal must be made by submitting a written notice
213	213	to the department, and the notice must specify the reason why the board's decision is
214	214	erroneous. The appealing party also shall submit copies of the written appeal notice to
215	215	the board and to all nonappealing parties. Upon receipt of this notice the board, if it
216	216	has ordered closure of a drain, lateral drain, or ditch, is relieved of its obligation to
217	217	procure the closing or filling of the drain, lateral drain, or ditch. The department shall
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251	251	handle the appeal by conducting an independent investigation and making an
252	252	independent determination of the matter. The department may enter property affected
253	253	by the complaint to investigate the complaint. The department shall make a decision
254	254	on an appeal within a reasonable time, not exceeding one hundred twenty days from
255	255	the department's receipt of the appeal. If the department fails to make a decision on
256	256	an appeal within that period, the appeal is denied.
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