Bill
HB 1544
The bill tightens drainage controls by requiring permits and notifications for both large and certain small drainage projects to protect downstream landowners and coordinate with w
A bill to amend and reenact NDCC §§ 61‑32‑03 and 61‑32‑03.3 (drainage permits)
Status
- Introduced: December 9, 2024
- Legislative status (as provided): Second reading — failed to pass (yeas 27, nays 63)
Purpose / intent
- To clarify and tighten permit and notification requirements for draining surface water bodies and for installing smaller subsurface water‑management systems, with the stated aims of protecting downstream landowners and coordinating review with water resource districts.
Key provisions (by section)
61‑32‑03 — Permit to drain waters required
- Requires a drainage permit before draining any pond, slough, lake, or sheetwater whose watershed is 80 acres (32.37 hectares) or more.
- Expands permit requirement to smaller water bodies (under 80 acres) when proposed drainage would flow directly onto another landowner’s property unless the downstream landowner has given prior written consent.
- Application process: permit applications go to the Department of Water Resources and are referred to the water resource district(s) that contain a majority of the watershed; the Department retains final approval authority for drains of statewide or interdistrict significance.
- Investigations: permits may only be issued after an investigation showing drainage will not flood or adversely affect downstream lands. If adverse impacts are found, flowage easements are required and must be recorded. Applicants must pay investigation expenses.
- Exceptions: does not apply to drains constructed/maintained under supervision of a state or federal agency (as determined by the Department).
- Penalties: draining without a required permit is an infraction and the drainer is liable for damages. The Department may adopt rules for temporary emergency drainage permits.
61‑32‑03.3 — Smaller subsurface water management systems
- Applies to subsurface systems draining less than 80 acres that affect agricultural or grazing lands.
- Notification requirement: the project proponent must notify the water resource district board that contains the majority of the land and any affected downstream landowners. Required notice must include total acreage and legal description, outlet locations and types, and flow directions.
- Installation standards: pumps/control structures must be at least 25 feet (7.62 m) from the topslope of an assessment drain; erosion controls must be installed and maintained; pump outlets must be closed/turned off during critical flood periods.
- Downstream objection process: notice must be sent by certified mail with proof of delivery. Downstream landowners have 60 days to submit a written objection. If an objection is timely, the proponent must file a full permit application under the standard permit process (section 61‑32‑03.1) and the water resource district will review/issue permits per that process.
- Assessment district inclusion: if the system discharges to the watershed of an assessment drain, the water resource board may require the property be included in the assessment district and set benefits/assessments (without a formal reassessment proceeding) if not already assessed.
- Enforcement and scope: the water resource district board may require noncompliant systems be brought into compliance; violations are infractions. Does not apply to systems that discharge into a waterbody entirely on the owner’s land. The notification information to the district is an exempt record under § 44‑04‑18.
Who is affected
- Agricultural landowners and operators proposing drainage or subsurface drainage systems (farmers, drainage contractors).
- Downstream private landowners who may receive increased flows.
- Water resource districts and the Department of Water Resources (responsible for review, investigation, permitting, and enforcement).
- Property owners who may be required to obtain flowage easements or be added to assessment districts (potential assessment liability).
Potential impacts
- Administrative: increased permit review workload for water resource districts and the Department; applicants bear investigation costs.
- Financial: applicants may incur costs for permit processing, engineering/investigations, mitigation (flowage easements), and design modifications (erosion controls, pump setback). Properties added to assessment districts could face new assessments tied to assessment drains.
- Property protection: strengthens procedural protections for downstream owners by expanding permit triggers and establishing a formal objection process for small subsurface systems.
- Enforcement: creates misdemeanor-level deterrence via infraction liability and civil damage exposure for unpermitted drainage.
Effective changes are procedural (permitting/notification), technical (installation and setback standards), and financial (applicant‑paid investigation costs; potential assessment inclusion).
Compiled from official sources — confirm details with the bill’s official record.
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