Exceptions to the need for a permit.

89-02-01-05. Exceptions to the need for a permit. 1. A drainage permit under section 89-02-01-03 is not required for maintenance of a drain. 2. The provisions of section 89-02-01-03 do not apply to any drain constructed under the direct and comprehensive supervision of the following federal or state agencies: 3 a. The state water commission; b. The department; c. The army corps of engineers; d. The natural resources conservation service for projects constructed under the Watershed Protection and Flood Prevention Act [Pub. L. 83-566; 16 U.S.C. 1001]; e. The bureau of reclamation for projects that are part of the originally (1965) authorized Garrison diversion unit authorized; f. The state department of transportation for federal aid projects; and g. The public service commission for surface mining projects. However, these agencies must notify the department of any proposed drainage projects under their direct supervision during the planning stages. History: Amended effective December 1, 1979; October 1, 1982; February 1, 1997; April 1, 2004; January 1, 2015; January 1, 2023. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-32-03