N.D. Admin. Code 89-14-01-06
The board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or any individual, firm, corporation, or limited liability company may deviate from the standards contained in this chapter if the deviation is approved in writing by the state engineer and the director of the department of transportation. A request to deviate from the standards must be made in writing and must set forth the reasons for the deviation. The state engineer and department of transportation may grant a deviation for good and sufficient cause after considering public safety, upstream and downstream impacts, and other relevant matters. The department of transportation may deviate from these standards if the director of the department determines it is appropriate to do so and the crossings are designed in accordance with scientific highway construction and engineering standards. The basis for the director's decision must be documented in writing. If a crossing results in less than one-half foot [15.24 centimeters] of headloss when passing the appropriate design discharge, the headwater limitations of section 89-14-01-05 do not apply.
Roads constructed as part of a surface coal mining operation for use solely as part of the mining operation are not subject to the requirements of this chapter. Roads constructed as a result of a surface coal mining operation for use by the public are bound by the requirements of this chapter, but deviations may be requested in accordance with this section.
N.D. Admin Code 89-14-01-06
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1