Procedure for issuance.

89-07-02-15. Procedure for issuance. 1. The department shall give notice of its consideration of an application under North Dakota Century Code section 61-04.1-17. Notice must be given once a week for two consecutive weeks. The notice must: a. Describe the primary target area. b. Describe the operations area. c. Specify the period of operation, including starting and ending dates. d. Describe the general method of operation. e. Describe the intended effect of the operation. f. State the name of the proposed permittee. 2. The department shall allow twenty days for public comment, under North Dakota Century Code section 61-04.1-17, from the date of the last publication of the notice. Any hearing held upon objection received by the department must be held upon at least ten days' notice in the county newspaper where notice of consideration of the application was published. At the hearing, the department shall make a brief record of testimony received, and shall consider all such testimony in its decision on the permit application. 3. The department shall take final action on all applications for permits for which notice of consideration was published within forty-five days of the close of the public comment period. The department shall consider all testimony received at any hearing under North Dakota Century Code section 61-04.1-17. The department may issue a permit only if it determines that the requirements of subsection 2 of North Dakota Century Code section 61-04.1-16 have been met. History: Effective November 1, 1988; amended effective July 1, 2014; April 1, 2026. General Authority: NDCC 61-03-13, 61-04.1-08 Law Implemented: NDCC 61-04.1-16, 61-04.1-17