Application for a certificate - Notice of filing - Amendment - Designation of a site or corridor
N.D. Cent. Code § 49-22-08
in effect49-22-08. Application for a certificate - Notice of filing - Amendment - Designation of a
site or corridor.
1. An application for a certificate must be in such form as the commission may prescribe,
containing the following information:
a. A description of the size and type of facility.
b. A summary of any studies which have been made of the environmental impact of
the facility.
c. A statement explaining the need for the facility.
d. An identification of the location of the preferred site for any electric energy
conversion facility.
e. An identification of the location of the preferred corridor for any electric
transmission facility.
f. A description of the merits and detriments of any location identified and a
comprehensive analysis with supporting data showing the reasons why the
preferred location is best suited for the facility.
g. A description of mitigative measures that will be taken to minimize all foreseen
adverse impacts resulting from the location, construction, and operation of the
proposed facility.
h. An evaluation of the proposed site or corridor with regard to the applicable
considerations set out in section 49-22-09 and the criteria established pursuant to
section 49-22-05.1.
i. Such other information as the applicant may consider relevant or the commission
may require.
2. After determining that the application is complete, the commission shall serve a notice
of filing of the application on such persons and agencies that the commission may
deem appropriate and shall publish a notice of filing of the application in the official
newspaper of each county in which any portion of the site or corridor is proposed to be
located.
3. A copy of the application shall be furnished to any person or agency, upon request to
the commission within thirty days of either service or publication of the notice of filing.
4. Within thirty days following service of the notice of filing of a complete application by
the commission, the applicant shall provide a copy of the commission's notice of filing
of the application by first-class mail to the owner of record of any land located within
the requested site or corridor. For purposes of this subsection, the owner of record
means the owner identified by the county treasurer to receive the real estate tax
statement.
5. An application for an amendment of a certificate shall be in such form and contain
such information as the commission shall prescribe.
6. The commission may designate a site or corridor for a proposed facility following the
study and hearings provided for in this chapter. Any designation shall be made in
accordance with the evidence presented at the hearings, an evaluation of the
information provided in the application, the criteria established pursuant to section
49-22-05.1, and the considerations set out in section 49-22-09 in a finding with
reasons for the designation, and shall be made in a timely manner no later than
six months after the filing of a completed application for a certificate of site
compatibility or no later than three months after the filing of a completed application for
a certificate of corridor compatibility. The time for designation of a site or corridor may
be extended by the commission for just cause. The failure of the commission to act
within the time limits provided in this section shall not operate to divest the commission
of jurisdiction in any certification proceeding. The commission shall indicate the
reasons for any refusal of designation. Upon designation of a site or corridor, the
commission shall issue a certificate of site compatibility or a certificate of corridor
compatibility with such terms, conditions, or modifications deemed necessary. The
commission may not condition the issuance of a certificate or permit on the applicant
providing a mitigation payment assessed or requested by another state agency or
entity to offset a negative impact on wildlife habitat.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c22.pdf#nameddest=49-22-08Fetched: 10/16/2026