NDAC 89-08-02-01
Determining if a permit is required
Cite as N.D. Admin. Code ยง 89-08-02-01
1.
The impounding capacity of a dam is calculated based upon the elevation at the top of dam.
Storage below the existing adjacent ground surface is generally excluded from the capacity of
a holding pond, lagoon, or dugout.
2.
The area protected by a dike is calculated based upon the area protected as measured from
the effective top of dike.
3.
The diverting capacity of a diversion is calculated based upon the runoff from the National
Oceanic and Atmospheric Administration Atlas 14 twenty-five year, twenty-four hour,
precipitation event.
4.
No construction can begin until a construction permit is obtained.