Section 89-02-01-05 - Exceptions to the need for a permit1. A drainage permit under section 89-02-01-03 is not required for maintenance of a drain.2. The provisions of section 89-02-01-03 do not apply to any drain constructed under the direct and comprehensive supervision of the following federal or state agencies:a. The state water commission;c. The army corps of engineers;d. The natural resources conservation service for projects constructed under the Watershed Protection and Flood Prevention Act [Pub. L. 83-566; 16 U.S.C. 1001];e. The bureau of reclamation for projects that are part of the originally (1965) authorized Garrison diversion unit authorized;f. The state department of transportation for federal aid projects; andg. The public service commission for surface mining projects. However, these agencies must notify the department of any proposed drainage projects under their direct supervision during the planning stages.
N.D. Admin Code 89-02-01-05
Amended effective December 1, 1979; October 1, 1982; February 1, 1997; April 1, 2004. .Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03