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ND HB1076

Bill

Status

Passed

3/30/2023

Primary Sponsor

Energy and Natural Resources

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Requires permits from the Department of Water Resources for construction of dikes, dams, or other water devices for conservation, flood control, watershed improvement, or water storage in accordance with state law.

  • Establishes permit thresholds: low-hazard dams capable of retaining more than 50 acre-feet of water; medium or high-hazard dams capable of retaining more than 25 acre-feet; agricultural dikes protecting more than 80 acres; or any dike protecting an occupied residence, structure, or public infrastructure.

  • Exempts low-hazard dams less than 10 feet in height, agricultural dikes less than 2 feet in height, and farmstead ring dikes from professional engineer plan requirements.

  • Establishes a 45-day application review timeline for the Department, followed by 45-day review by the local water resource board, with the Department making final permit decisions.

  • Imposes liability for all damages and class B misdemeanor charges on anyone constructing a qualifying dam, dike, or device without first obtaining a required permit.

Legislative Description

AN ACT to amend and reenact section 61-16.1-38 of the North Dakota Century Code relating to the department of water resources authority regarding water permit thresholds for dikes, dams, and other devices; and to provide a penalty.

Last Action

Filed with Secretary Of State 03/30

4/4/2023

Committee Referrals

Energy and Natural Resources2/10/2023
Energy and Natural Resources1/3/2023

Full Bill Text

No bill text available