Title 089 · Title 89
The ninety-day review period begins the day after the information-gathering
Citation: N.D. Admin. Code § 89-02-01-07.2
Section: 89-02-01-07.2
89-02-01-07.2. The ninety-day review period begins the day after the information-gathering meeting in section 89-02-01-09.1. 2. The department shall review the board's approval of the application, any information received or considered by the board as a part of the board's review, and information gathered from the department's information-gathering meeting under section 89-02-01-09.1. The department may request additional information, such as plans and specifications of the drain, an operation and maintenance manual, proof of flowage easements, or additional engineering analysis of the downstream impacts as a part of the review. 3. As a part of the department review of applications proposing drainage of statewide or interdistrict significance, the department shall consider the following factors: a. The water volume proposed to be drained and its impact upon the watercourse into which it will be drained; b. Adverse effects that may occur to downstream landowners. This factor is limited to the project's hydrologic effects, such as erosion, flood duration, sustained flows impacts, and downstream water control device operation impacts; c. The engineering design and other physical aspects of the drain; d. The project's impact on flooding problems in the project watershed; e. The project's impact on ponds, sloughs, streams, or lakes having recognized fish and wildlife values; f. The project's impact on agricultural lands; g. Whether required easements have been obtained; and h. Other factors unique to the project. History: Effective February 1, 1997; amended effective April 1, 2000; January 1, 2015; April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-01-26, 61-16.1-10(3), 61-32-03 7