Title 089 · Title 89

Initial review - Contents of application.

Citation: N.D. Admin. Code § 89-08-02-02

Section: 89-08-02-02

89-08-02-02. Initial review - Contents of application. 1. The department has up to forty-five days to complete an initial review of the application and its contents. The initial review must determine what type of construction permit is required and if the application is complete. 2. The following information is required by the department in order for a construction permit application to be deemed complete: a. A completed application form; b. Plans and specifications as stipulated by the department; c. Evidence establishing a property right or easement for the properties that will be affected by the construction of the dam, dike, or other device; and d. Any additional information required by the department. 3. If the application is deemed complete, the department shall forward the application to the water resource district's board within which the contemplated project is located within the forty-five day initial review period. If the water resource district is the applicant, the application must be processed under section 89-08-02-02.1 without soliciting water resource board changes, conditions, or modifications. If the applicant submits a statement of support of the project design from the board to the department with its application, the requirement to receive approval from the water resource board is considered met, and the department shall begin its review under section 89-08-02-02.1. 4. If the application is deemed incomplete, the department shall notify the applicant in writing that the application is deemed incomplete and detail what information is missing. Applicants are not restricted from submitting a new application for department consideration under this section. 5. Applications are subject to department requirements at the time the application is submitted to the department. History: Effective November 1, 1989; amended effective June 1, 1998; April 1, 2004; January 1, 2015; January 1, 2023; July 1, 2024; April 1, 2026. General Authority: NDCC 61-03-13 Law Implemented: NDCC 61-16.1-38