Permit to construct or modify dam, dike, or other device required - Penalty - Emergency
N.D. Cent. Code § 61-16.1-38
in effect61-16.1-38. Permit to construct or modify dam, dike, or other device required -
Penalty - Emergency.
Dikes, dams, or other devices for water conservation, flood control regulation, watershed
improvement, or water storage must 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;
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; 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. A permit application for the construction
of any dike, dam, or other device, along with complete plans and specifications, must be
submitted to the department of water resources. Except for low-hazard dams less than ten feet
[3.05 meters] in height, agricultural dikes, 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. The department shall consider the application in such detail as the department deems
necessary and proper. The department shall refuse to allow the construction of any unsafe or
improper dike, dam, or other device that would interfere with the orderly control of the water
resources of the district, or may order changes, conditions, or modifications as in the
department's judgment may be necessary for safety or the protection of property. Within
forty-five days after application receipt, 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 without first securing a necessary permit, 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t61c16-1.pdf#nameddest=61-16p1-38Fetched: 10/16/2026