Section 75-03-21.1-15 - Facility location1. Facilities must be located at least three hundred feet [91.44 meters] from hazardous areas, including bulk fuel or chemical storage, anhydrous ammonia facilities, or other fire hazards or sources of noxious or odoriferous emissions.2. Facilities may not be located in areas subject to adverse environmental conditions, including mudslides, harmful air pollution, smoke or dust, sewage hazards, rodent or vermin infestations, excessive noise, vibrations, or vehicular traffic.3. Facilities may not be located in an area within the one-hundred-year base flood elevations unless: a. The facility is covered by flood insurance as required by 42 U.S.C. 4101; orb. The finished lowest floor elevation is above the one-hundred-year base flood elevation and the facility is free from significant adverse effects of the velocity of moving water or by wave impact during the one-hundred-year flood.4. Facilities must be located in residential neighborhoods reasonably accessible to shops, commercial facilities, and other community facilities; and must be located not less than six hundred feet [182.88 meters] from existing group homes or day service facilities licensed by the department to serve individuals with developmental disabilities, schools for the disabled, agency foster care home for adults, long-term care facilities, or other institutional facilities. Upon written application, and good cause shown, the department may grant a variance from the provisions of this subsection upon terms the department may prescribe.N.D. Admin Code 75-03-21.1-15
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03