N.D. Admin. Code 89-10-01-13

Current through Supplement No. 394, October, 2024

Section 89-10-01-13 - Vehicular access

The use of motorized vehicles on sovereign lands is prohibited, except:

1. When on government-established trails that have been permitted by the department;

2. When on sovereign lands immediately adjacent to the Kimball Bottoms off-road riding area located in the south half of sections 23 and 24 and the north half of sections 25 and 26, all in township 137 north, range 80 west, Burleigh County;

3. When on state-designated off-road use areas, provided the area is managed and supervised by a government entity, the government entity has developed a management plan for the off-road area that has been submitted to the department, and the managing government entity has obtained a sovereign lands permit for off-road use in the designated area;

4. To cross a stream by use of a ford, bridge, culvert, or similar structure provided the crossing is in the most direct manner possible;

5. To launch or load watercraft in the most direct manner possible;

6. To access and operate on the frozen surfaces of any navigable water, provided the crossing of sovereign lands is in the most direct manner possible;

7. To access private land that has no other reasonable access point, provided that access across sovereign lands is in the most direct manner possible;

8. By disabled people who possess a mobility-impaired parking permit under North Dakota Century Code section 39-01-15 or shoot from a stationary motor vehicle permit under subsection 10 of North Dakota Century Code section 20.1-02-05;

9. When operation is necessary as part of a permitted activity or project;

10. By the riparian owner on sovereign lands that are adjacent to the riparian owner's property when moving or tending to livestock; installing or maintaining a livestock fence; installing, maintaining, or moving an authorized agricultural irrigation structure; or when engaged in other ordinary agricultural practices, provided the listed activities do not negatively affect public use or values; or

11. When being used by government personnel in the performance of their duties.

Any person who violates this section must pay a one hundred dollar fee per occurrence.

N.D. Admin Code 89-10-01-13

Effective November 1, 1989; amended effective August 1, 1994; April 1, 2008; April 1, 2009. .

Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .

Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 61-03-13

Law Implemented: NDCC 61-33-02, 61-33-05