Section 89-02-01-09.2 - Evaluation of applications - Factors considered All applications to drain must consider the following factors:
1. The water volume proposed to be drained and its impact upon the watercourse into which it will be drained.2. Adverse effects that may occur to downstream landowners. This factor is limited to the project's hydrologic effects, such as erosion, flood duration sustained flows impacts, and downstream water control device operation impacts.3. The engineering design and other physical aspects of the drain.4. The project's impact on flooding problems in the project watershed.5. The project's impact on ponds, sloughs, streams, or lakes having recognized fish and wildlife values.6. The project's impact on agricultural lands.7. Whether easements are required.8. Other factors unique to the project.N.D. Admin Code 89-02-01-09.2
Effective February 1, 1997; amended effective April 1, 2000.Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC 61-01-26, 61-16.1-10(3), 61-32-03