Bill Summary – FastDemocracy

8118.01000
     Sixty-eighth
     Legislative Assembly                     HOUSE BILL NO. 1076
     of North Dakota
     Introduced by
       Energy and Natural Resources Committee
       (At the request of the Department of Water Resources)
  A BILL for 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.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 61-16.1-38 of the North Dakota Century Code is
  amended and reenacted as follows:
      61-16.1-38. Permit to construct or modify dam, dike, or other device required -
  Penalty - Emergency.
      No dikesDikes, dams, or other devices for water conservation, flood control regulation,
 watershed improvement, or water storage of water which aremust be constructed in accordance
 with this chapter. A permit is required from the department for the construction of a low-hazard
 dam or other device capable of retaining, obstructing, or diverting more than fifty acre-feet
 [61674.08 cubic meters] of water or; a medium-hazard or high-hazard dam capable of retaining,
 obstructing, or diverting more than twenty-five acre-feet [30837.04 cubic meters] of water for a
 medium-hazard or high-hazard dam, may be constructed within any district except in
 accordance with the provisions of this chapter; an agricultural dike capable of protecting more
 than eighty acres [32.37 hectares] of land area; or any dike capable of protecting an occupied
 residence or structure or public infrastructure. AnA permit application for the construction of any
 dike, dam, or other device, along with complete plans and specifications, must be presented
 firstsubmitted to the department of water resources. Except for low-hazard dams less than
 ten feet [3.05 meters] in height or, agricultural dikes less than two feet [0.61 meters] in height, or
 a farmstead ring dike, the plans and specifications must be completed by a professional
 engineer. The professional engineer must be registered in this state. After receipt, theThe
 department shall consider the application in such detail as the department deems necessary
                                                Page No. 1                         23.8118.01000
     Sixty-eighth
     Legislative Assembly
  and proper. The department shall refuse to allow the construction of any unsafe or improper
  dike, dam, or other device whichthat would interfere with the orderly control of the water
  resources of the district, or may order changes, conditions, or modifications as in the judgment
  of the departmentdepartment's judgment may be necessary for safety or the protection of
  property. Within forty-five days after application receipt of the application, except in unique or
  complex situations, the department shall complete the initial review of the application and
  forward the application, along with any changes, conditions, or modifications, to the water
  resource board of the district within which the contemplated project is located. The board shall
  consider the application within forty-five days, and suggest any changes, conditions, or
 modifications to the department. If the board approves the application, the board shall forward
 the approved application to the department. If the board fails to respond within forty-five days,
 the board will be deemed to have no changes, conditions, or modifications to make. The
 department shall make the final decision on the application and forward that decision to the
 applicant and the local water resource board. The department may issue temporary permits for
 dikes, dams, or other devices in cases of an emergency. Any person constructing a dam, dike,
 or other device capable of retaining, obstructing, or diverting more than fifty acre-feet [61674.08
 cubic meters] of water or twenty-five acre-feet [30837.04 cubic meters] of water for a
 medium-hazard or high-hazard dam, without first securing a necessary permit to do so, as
 required by this section, is liable for all damages proximately caused by the dam, dike, or other
 device, and is guilty of a class B misdemeanor.
                                                Page No. 2                         23.8118.01000
Statutes affected: 
INTRODUCED: 61-16.1-38
Enrollment: 61-16.1-38
PREFILED: 61-16.1-38