ND SB2280

Requires a permit from the water resource district for installation of artificial subsurface drainage systems on 80 acres or more of land area.

Water resource districts may approve permits with conditions but cannot deny applications unless the drainage is of statewide significance or will flood or adversely affect downstream landowners within one mile.

Permit applicants must provide 30-day notice to downstream property owners within one mile and may be required to obtain flowage easements before permit issuance if drainage will adversely affect downstream lands.

No flowage easement is required if the artificial subsurface drainage system drains into an assessment drain, natural watercourse, pond, slough, or lake.

A person who installs an artificial subsurface drainage system without securing a permit is liable for all damages caused by the draining and is guilty of an infraction.