N.D. Admin. Code 69-06-05-02

Current through Supplement No. 393, July, 2024
Section 69-06-05-02 - Designation of corridor and route
1.Issuance of a permit. An order approving the issuance of a permit must:
a. Describe the authority granted.
b. Contain any special conditions that the commission may require.
c. Specify any required modifications in the type, design, routing, right-of-way preparation, or construction of the facility.
d. Contain findings that the application, with modifications, if any, meets the corridor evaluation process requirements of the Act, and any special conditions the commission may require.
2.Issuance of a certificate. When a corridor is approved, the commission shall issue a certificate in accordance with the order.
3.Deviations. The commission may permit a deviation from the designated route before or during construction if the deviation does not violate any of the exclusion and avoidance area criteria of this article. After construction is complete a deviation is governed by North Dakota Century Code section 49-22-03.
4.Variance from permit conditions. The commission may allow a variance from any special condition upon a request demonstrating the existence of good cause.

N.D. Admin Code 69-06-05-02

Amended effective August 1, 1979; April 1, 2013.
Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.

General Authority: NDCC 49-22-18

Law Implemented: NDCC 49-22-08.1