N.D. Admin. Code 89-10-01-10

Current through Supplement No. 394, October, 2024

Section 89-10-01-10 - Projects not requiring a permit

The following projects do not require a permit:

1. Boat docks, if all of the following conditions are satisfied:

a. They are constructed, operated, and maintained by the riparian owner for personal use;

b. The dock is used only for embarkation, debarkation, moorage of watercraft, water intakes, or recreation;

c. Only clean, nonpolluting materials are used;

d. The total length of the dock over the surface of the water does not exceed twenty-five feet [7.6 meters] on a river or fifty feet [15.24 meters] on a lake, and there is no unreasonable interference with navigation or access to an adjacent riparian owner's property;

e. The dock is connected to a point above the ordinary high watermark by a boardwalk that does not exceed twenty-five feet [7.6 meters] in length and is removed from below the ordinary high watermark each fall; and

f. Upon abandonment, the grantee restores the bank as closely as practicable to its original condition.

2. Water intakes if all of the following conditions are satisfied:

a. They are constructed, operated, and maintained by the riparian owner for domestic use; and

b. The intake is removed from below the ordinary high watermark each fall.

3. Watercraft that are temporarily moored.

4. Snagging and clearing, when performed by a federal or state entity or political subdivision.

N.D. Admin Code 89-10-01-10

Effective November 1, 1989; amended effective August 1, 1994; April 1, 2009; April 1, 2010. .

Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .

General Authority: NDCC 28-32-02, 61-03-13

Law Implemented: NDCC 61-33