N.D. Admin. Code 7-19-01-01

Current through Supplement No. 394, October, 2024

Section 7-19-01-01 - Definitions

For purposes of this chapter:

1. "Applicant" means a person that has filed on or after March 31, 2024, or is planning to file, an application for a proposed site, corridor, or route, pursuant to North Dakota Century Code chapter 49-22.

2. "Electric energy conversion facility" means the term as it is defined by North Dakota Century Code section 49-22-03.

3. "Electric transmission facility" means the term as it is defined by North Dakota Century Code section 49-22-03.

4. "Mitigation" means avoiding or minimizing adverse environmental impact or performing an action or activity to offset or otherwise compensate for adverse environmental impact by:

a. Planning and executing a mitigation plan; or

b. Payment to the agriculture commissioner for deposit into the environmental impact mitigation fund for expenditure in accordance with North Dakota Century Code section 4.1-01-21.1.

5. "Mitigation plan" means a plan of mitigation measures including creating or restoring similar habitat or offsetting or otherwise compensating for habitat adversely affected by the construction or operation of an electric energy conversion or transmission facility.

6. "Offset" means to counterbalance residual adverse environmental impact to achieve a net neutral or beneficial outcome, generally conducted after reasonable efforts have been undertaken to avoid and minimize impact or if avoidance or minimization of impact is not feasible.

7. "Similar habitat" means a physical environment that has the same or about the same corresponding resources, vegetation, and biotic factors serving multiple species that are exhibited in the physical environment within the vicinity of or generally surrounding the construction or operation of an electric energy conversion or transmission facility. These separate physical environments comprising similar habitat may resemble or somewhat differ from each other in general appearance, features, or other terrain characteristics.

N.D. Admin Code 7-19-01-01

Adopted by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.

General Authority: NDCC 4.1-01-21.1(4)

Law Implemented: NDCC 4.1-01-21.1(4), 49-22-03