ND SB2263

Permits are required for subsurface water management systems that drain 80 acres or more of land area, with watershed area excluded from this calculation.

Subsurface systems with surface intakes and drainage coefficients of 3/8 inch or less are permitted under this section; those exceeding 3/8 inch are permitted under section 61-32-03 instead.

Water resource district boards review permit applications within 30 days and may charge applicants up to $500; districts may only deny permits if technical evidence shows the system will flood or unreasonably harm downstream landowners within one mile and no notarized approval letter is obtained.

Applicants must provide certified mail notice to downstream property owners within one mile of the outlet (or to owners between the outlet and the nearest assessment drain/watercourse if closer than one mile), and technical evidence must be submitted within 30 days of application receipt.

Permit applications are deemed approved if the water resource district board fails to deny within 60 days; denied applications may be appealed to district court, and persons installing required systems without permits are liable for all resulting damages.