North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.1310.~~02000~~
	1	+	25.1310.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Senators Magrum, Boehm
7	7		A BILL for an Act to amend and reenact section 38-08-04.12 of the North Dakota Century Code,
8	8		relating to reclamation of land disturbed by oil and gas activity.
9	9		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10	10		SECTION 1. AMENDMENT. Section 38-08-04.12 of the North Dakota Century Code is
11	11		amended and reenacted as follows:
12	12		38-08-04.12. Reclamation of land disturbed by oil and gas activity.
13	13		1.Any land disturbed by construction of well sites, treating plants, saltwater handling
14	14		facilities, access roads, underground gathering pipelines and associated facilities, and
15	15		from remediation of leaks or spills within the jurisdiction of the commission shallmust
16	16		be reclaimed as close as practicable to its original condition as it existed before the
17		-	construction of the well site or other disturbance. Suitable plant growth material
18		-	disturbed for the construction of well sites, treating plants, saltwater handling facilities,
19		-	or access roads must be documented and preserved .
	17	+	construction of the well site or other disturbance. Suitable plant growth material must
	18	+	be preserved subject to reclamation under this section, and the volume and location of
	19	+	suitable plant growth material must be documented. The preserved suitable plant
	20	+	growth material must be used exclusively for final reclamation on the site from which it
	21	+	was gathered. The volume and depth of suitable plant growth material to be preserved
	22	+	must be based on soil classifications. A predisturbance meeting between the
	23	+	commission and person proposing the land disturbance must be held to discuss and
	24	+	document the plan for preservation of the suitable plant growth material. The owner of
	25	+	the land to be disturbed must be given written notice at least ten days in advance of
	26	+	the meeting, but the owner's presence is not required at the meeting. The commission
	27	+	must approve the plan before land is disturbed by oil and gas activity.
20	28		2.The commission, with the consent of the appropriate government land manager or
21	29		surface owner, may waive the requirement of reclamation of the site and access road
22	30		after a well is plugged or treating plant or saltwater handling facility is
23		-	decommissioned. The commission shall record documentation of the waiver with the
24		-	recorder of the county in which the site or road is located.
25		-	2.3.This section may not be construed to require removal of a properly reclaimed reserve
26		-	pit or a properly abandoned underground gathering pipeline.
27		-	3.4.A person may not bring a legal proceeding under this section, unless the person has
28		-	exhausted all administrative remedies.
29		-	Page No. 1 25.1310.02000
30		-	ENGROSSED SENATE BILL NO. 2313
31		-	FIRST ENGROSSMENT
	31	+	Page No. 1 25.1310.01000
	32	+	SENATE BILL NO. 2313
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	57	+	24 Sixty-ninth
	58	+	Legislative Assembly
	59	+	decommissioned. The commission shall record documentation of the waiver with the
	60	+	recorder of the county in which the site or road is located.
	61	+	2.This section may not be construed to require removal of a properly reclaimed reserve
	62	+	pit or a properly abandoned underground gathering pipeline.
	63	+	3.A person may not bring a legal proceeding under this section, unless the person has
	64	+	exhausted all administrative remedies.
	65	+	Page No. 2 25.1310.01000
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