This bill amends several sections of the North Dakota Century Code to establish clearer deadlines and requirements for permits issued by the Department of Water Resources for the construction or modification of dams, dikes, and drainage activities. Key changes include the requirement for a permit for various types of water conservation structures, with specific thresholds for low-hazard, medium-hazard, and high-hazard dams, as well as agricultural dikes. The bill mandates that permit applications be submitted with complete plans, typically prepared by a registered professional engineer, and sets a timeline for the Department to complete its initial review within 45 days and make a final decision within 120 days. If the Department fails to act within these timeframes, the permit is automatically approved.
Additionally, the bill outlines the process for appeals against decisions made by the water resource board, requiring the Department to make a decision on appeals within 120 days, with automatic denial if no decision is made within that period. It also introduces penalties for individuals who construct or drain water bodies without the necessary permits, classifying such actions as infractions or misdemeanors depending on the circumstances. The bill aims to streamline the permitting process while ensuring the protection of water resources and the rights of affected landowners.
Statutes affected: INTRODUCED: 61-16.1-38, 61-16.1-53.1, 61-32-03, 61-32-08