ND SB2220

Subsurface water management systems on 80 or more acres require a permit from the water resource district board, while systems on less than 80 acres do not.

Water resource district boards must send notice via certified mail within ten business days of receiving a completed application to all landowners within one mile downstream of the proposed system outlet, unless a closer water feature exists.

The board must review completed applications at its next meeting at least 45 days after receipt and may only deny permits based on technical evidence that the system will flood or unreasonably harm notified landowners' property within one mile of the outlet.

Permits are deemed approved if the board fails to deny the application within 60 days of receipt; applicants may appeal denials to district court under section 28-34-01.

Installing a permitted subsurface water management system without first obtaining a permit is an infraction and makes the person liable for all damages caused by the system.