Exceptions to the need for a permit

1. A drainage permit under section 89-02-01-03 is not required for maintenance of a drain. 2. The provisions of section 89-02-01-03 do not apply to any drain constructed under the direct and comprehensive supervision of the following federal or state agencies: a. The state water commission; b. The department; c. The army corps of engineers; d. The natural resources conservation service for projects constructed under the Watershed Protection and Flood Prevention Act [Pub. L. 83-566; 16 U.S.C. 1001]; e. The bureau of reclamation for projects that are part of the originally (1965) authorized Garrison diversion unit authorized; f. The state department of transportation for federal aid projects; and g. The public service commission for surface mining projects. However, these agencies must notify the department of any proposed drainage projects under their direct supervision during the planning stages.