NDAC 75-04-01-28
Group home location
Cite as N.D. Admin. Code ยง 75-04-01-28
1.
Group home 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.
Group home facilities may not be located in areas subject to adverse environmental
conditions, including mud slides, harmful air pollution, smoke or dust, sewage hazards, rodent
or vermin infestations, excessive noise, vibrations, or vehicular traffic.
3.
Group home 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; or
b.
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.
Group home facilities must be located in residential neighborhoods reasonably accessible to
shops, commercial facilities, and other community facilities; and shall be located not less than
six hundred feet [182.88 meters] from existing group homes or day service facilities licensed
by the department, schools for individuals with disabilities, 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.