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FLOOD08551
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Last modified
1/25/2010 7:14:53 PM
Creation date
10/5/2006 3:43:29 AM
Metadata
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Template:
Floodplain Documents
County
Statewide
Community
Statewide
Stream Name
All
Basin
Statewide
Title
Drainage Rules for North Dakota
Date
7/1/1988
Prepared For
State of Colorado
Prepared By
North Dakota
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-08. Review by state engineer and transmittal to <br />appropriate board. Upon receipt of a properly completed <br />application, the state engineer shall review the wetlands to be <br />drained in the project area and determine whether all wetlands to <br />be drained are temporary wetlands. If all wetlands are <br />determined to be temporary wetlands, that fact shall be noted on <br />the permit application. If a project is proposing to drain only <br />temporary wetlands, the state engineer shall also determine <br />whether the project is of statewide or interdistrict significance <br />using the factors set out in section 89-02-02-12. He shall note <br />his determination in that regard upon the application. If the <br />project will drain other than temporary wetlands, the state <br />engineer shall not determine whether the project is of statewide <br />or interdistrict significance until after the board has <br />considered and approved the project. <br /> <br />In any event, the permit application shall then be forwarded <br />to the board in which a majority of the watershed of the proposed <br />project is located. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-09. Board procedure for processing applications to <br />drain other than temporary wetlands. A board shall follow this <br />procedure in processing a drainage permit application when the <br />project will drain permanent, semi-permanent, or seasonal <br />wetlands, or if it has been determined to be of statewide or <br />interdistrict significance, or if the board determines a board <br />hearing should be held: <br /> <br />1. Upon receipt of an application to drain from the state <br />engineer the board shall set the date, time, and place <br />for a meeting at which it will receive information <br />concerning the merits of, as well as any testimony or <br />information pertinent to the application. At the <br />applicant's expense the board shall also give notice by <br />mail not less than twenty days from the date set for <br />consideration of the drainage application to: <br /> <br />a. All record title owners of real estate or holders <br />of a contract for deed whose property would be <br />crossed by the proposed drain. <br /> <br />b. <br /> <br />All downstream <br />watercourse into <br /> <br />riparian landowners <br />which water will be <br /> <br />on the <br />drained <br /> <br />-6- <br />
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