ND HB1459

Installation of artificial subsurface drainage systems on 80 acres or more of land requires a permit from the water resource district.

State engineer shall develop an application form; applicants must submit to the water resource district where the majority of the land area is located for approval.

Water resource districts may deny applications only if the drainage is of statewide significance or will flood or adversely affect downstream landowners within one mile; statewide significance applications must be referred to state engineer for decision within 30 days.

Permit applicants must provide 30-day notice to downstream property owners within one mile; flowage easements may be required if investigations show adverse effects, except when drainage flows into assessment drains, natural watercourses, or ponds/sloughs/lakes.

Installing an artificial subsurface drainage system without first securing a permit makes the person liable for all damages caused by the draining and guilty of an infraction.