Section 89-08-02-01 - Determining if a permit is required1. The impounding capacity of a dam is calculated based upon the elevation at the top of dam. Storage below the existing adjacent ground surface is generally excluded from the capacity of a holding pond, lagoon, or dugout. 2. The area protected by a dike is calculated based upon the area protected as measured from the effective top of dike.3. The diverting capacity of a diversion is calculated based upon the runoff from the National Oceanic and Atmospheric Administration Atlas 14 twenty-five year, twenty-four hour, precipitation event.4. No construction can begin until a construction permit is obtained.N.D. Admin Code 89-08-02-01
Effective November 1, 1989; amended effective April 1, 2004.Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.Amended by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-16.1-38