Appeal of board decisions - Department of water resources review - Closing of noncomplying dams, dikes, or other devices for water conservation, flood control, regulation, and watershed improvement
N.D. Cent. Code § 61-16.1-53.1
in effect61-16.1-53.1. Appeal of board decisions - Department of water resources review -
Closing of noncomplying dams, dikes, or other devices for water conservation, flood
control, regulation, and watershed improvement.
1. The board shall make the decision required by section 61-16.1-53 within a reasonable
time, not exceeding one hundred twenty days, after receiving the complaint. The board
shall notify all parties of its decision by certified mail. Any aggrieved party may appeal
the board's decision to the department of water resources. The appeal to the
department must be made within thirty days from the date notice of the board's
decision has been received. The appeal must be made by submitting a written notice
to the department which must state specifically the reason why the board's decision is
erroneous. The appealing party also shall submit copies of the written appeal notice to
the board and to all nonappealing parties. Upon receipt of this notice the board, if it
has ordered removal of a dam, dike, or other device, is relieved of its obligation to
procure the removal of the dam, dike, or other device. The department shall handle the
appeal by conducting an independent investigation and making an independent
determination of the matter. The department may enter property affected by the
complaint to investigate the complaint.
2. If the board fails to investigate and make a determination concerning the complaint
within a reasonable time, not exceeding one hundred twenty days, the person filing the
complaint may file the complaint with the department of water resources within one
hundred fifty days of the submittal date of the original complaint. Without reference to
chapter 28-32, the department shall cause the investigation and determination to be
made, either by action against the board or by conducting the investigation and
making the determination.
3. If the department of water resources determines a dam, dike, or other device has been
constructed or established by a landowner or tenant contrary to title 61 or any rules
adopted by the board, the department shall take one of these three actions:
a. Notify the landowner by certified mail at the landowner's post-office address of
record;
b. Return the matter to the jurisdiction of the board along with the investigation
report; or
c. Forward the dam, dike, or other device complaint and investigation report to the
state's attorney.
4. If the department of water resources decides to notify the landowner, the notice must
specify the nature and extent of the noncompliance and state that if the dam, dike, or
other device is not removed within a reasonable time as determined by the
department, but not less than thirty days, the department shall procure the removal of
the dam, dike, or other device and assess the cost of removal against the responsible
landowner's property. If, in the opinion of the department, more than one landowner or
tenant has been responsible, the costs may be assessed on a pro rata basis in
proportion to the responsibility of the landowners. Upon assessment of costs, the
department shall certify the assessment to the county auditor of the county where the
noncomplying dam, dike, or other device is located. The county auditor shall extend
the assessment against the property assessed. Each assessment must be collected
and paid as other property taxes are collected and paid. Assessments collected must
be deposited with the state treasurer and credited to the contract fund established by
section 61-02-64.1.
5. If the department of water resources, after completing the investigation required under
this section, decides to return the matter to the board, a complete copy of the
investigation report must be forwarded to the board and must include the nature and
extent of the noncompliance. Upon having the matter returned to its jurisdiction, the
board shall carry out the department's decision under the terms of this section.
6. If the department of water resources, after completing the investigation required under
this section, decides to forward the dam, dike, or other device complaint to the state's
attorney, a complete copy of the investigation report must also be forwarded and must
include the nature and extent of the noncompliance. The state's attorney shall
prosecute the complaint under the statutory responsibilities prescribed in chapter
11-16.
7. If the department of water resources dismisses the dam, dike, or other device
complaint, the department of water resources shall notify all parties of record to the
appeal and include in its notification the department of water resource's investigation
report, if applicable.
8. In addition to the penalty imposed by the court on conviction under this statute, the
court shall order the dam, dike, or other device removed within a reasonable time
period as the court determines, but not less than thirty days. If the dam, dike, or other
device is not removed within the time prescribed by the court, the court shall procure
the removal of the dam, dike, or other device, and assess the cost against the property
of the landowner responsible, in the same manner as other assessments under
chapter 61-16.1 are levied. If, in the opinion of the court, more than one landowner or
tenant has been responsible, the costs may be assessed on a pro rata basis in
proportion to the responsibility of the landowners.
9. Any party aggrieved by a decision of the department of water resources under this
section may request a hearing under section 61-03-22 and appeal the decision to
district court under chapter 28-32. A hearing by the department of water resources
under this section is a prerequisite to an appeal.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t61c16-1.pdf#nameddest=61-16p1-53p1Fetched: 10/16/2026