Summary — North Dakota HB 1385 (2025)
A BILL for an Act to amend and reenact section 61‑16.1‑38, subsection 1 of section 61‑16.1‑53.1, section 61‑32‑03, and subsection 1 of section 61‑32‑08 of the North Dakota Century Code, relating to deadlines for permits issued by the Department of Water Resources.
Status
- Introduced: November 18, 2024
- Status reported by user: Second reading, failed to pass (yeas 0, nays 92).
Purpose and intent
- Establish clear, mandatory review timelines and automatic consequences where the Department of Water Resources (the Department) or a local water resource board fails to act on permit applications related to dams, dikes and drainage. The intent is to speed permit processing and provide predictability for applicants and local districts.
Key provisions (by statute amended)
1. Section 61‑16.1‑38 (permits to construct/modify dams, dikes, other devices)
- Lists projects requiring a Department permit, including:
- Dams retaining >50 acre‑feet of water;
- Medium‑ or high‑hazard dams capable of >25 acre‑feet retention/diversion;
- Agricultural dikes protecting >80 acres;
- Any dike protecting an occupied residence, structure, or public infrastructure.
- Engineering plan requirements: professional engineer preparation except for low‑hazard dams <10 ft, agricultural dikes, or farmstead ring dikes.
- Review timeline: initial Department review forwarded to the local water resource board within 45 days (except unique/complex cases); board has 45 days to act.
- Final Department decision required within 120 days after receipt of a completed application. If the Department fails to act within 120 days, the permit is deemed approved with no conditions.
- Emergency/temporary permits remain available.
- Penalty: constructing without required permit creates liability for damages and is a Class B misdemeanor.
Section 61‑16.1‑53.1(1) (board decisions and appeals)
- Local board must decide within a reasonable time not exceeding 120 days after receiving a complaint and must notify parties by certified mail.
- Aggrieved parties may appeal to the Department within 30 days of notice (written notice stating why board decision is erroneous and copies to parties).
- Department shall conduct an independent investigation and decide the appeal within 120 days of receipt; if the Department fails to decide within 120 days, the appeal is denied.
Section 61‑32‑03 (permits to drain ponds/sloughs/lakes)
- Applications to drain water bodies with watershed ≥80 acres must be submitted to the Department.
- Department must refer a completed application to the water resource district(s) within 120 days for consideration/approval (or retain it for final approval for proposals of statewide or interdistrict significance).
- If the Department fails to refer within 120 days, the appropriate water resource district(s) may consider and approve the application with reasonable conditions.
- Investigations and flowage easement requirements remain; costs borne by applicant.
- Liability for unauthorized drainage remains.
Who is affected
- Applicants proposing construction/alteration of dams, dikes, or drainage projects (landowners, agricultural operators, developers, engineers).
- Department of Water Resources (must meet stricter deadlines).
- Local water resource boards/districts (given authority where Department delays).
- Downstream landowners and public infrastructure potentially affected by permits.
- Professional engineers preparing plans and associated consultants.
Procedural and timeline highlights
- Initial Department review: within 45 days (then board 45 days) for dam/dike applications.
- Department final decision on permits: within 120 days — failure results in permit approval without conditions.
- Board decisions: within 120 days; appeals to Department within 30 days.
- Department appeal decision: within 120 days — failure results in appeal denial.
- Department referrals on drainage applications: within 120 days — failure allows district(s) to proceed.
Potential impacts
- Benefits: increased certainty and faster permit outcomes for applicants; empowers local districts to act when the Department delays.
- Risks/concerns: automatic approval with no conditions (if Department misses 120‑day deadline) could allow projects to proceed without mitigation conditions, potentially raising safety, flood, environmental, and downstream impacts; increased pressure on Department staff to meet deadlines; possible increase in disputes or litigation over projects approved by default.
Note on status
- The summary is based on the bill text amending NDCC sections 61‑16.1‑38, 61‑16.1‑53.1(1), 61‑32‑03, and related sections. The user-provided status indicates the bill failed on second reading (yeas 0, nays 92).
