Statutes, codes, and regulations
North Dakota Administrative Code
Title 89 - Water CommissionArticle 89-14 - Stream Crossings
Chapter 89-14-01 - Stream Crossing Design
Section 89-14-01-04 - Floodplain consideration - Upstream development

N.D. Admin. Code 89-14-01-04

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Current through Supplement No. 394, October, 2024
Section 89-14-01-04 - Floodplain consideration - Upstream development

All stream crossings must comply with applicable floodplain regulations and regulatory floodway requirements per North Dakota Century Code chapter 61-16.2. If a stream crossing is being replaced and buildings or structures are located upstream from the crossing, the stream crossing must not be reconstructed in a manner that increases the likelihood of impacts to those upstream buildings or structures, even if the capacity of the crossing being replaced was greater than the capacity otherwise required by this chapter. Any stream crossing constructed as part of a newly constructed roadway must be constructed to pass the federal emergency management agency identified one-percent annual-chance flood event flow without the resulting increase in headwater impacting any existing buildings or structures. Structures, for the purposes of this section, include grain bins, silos, feedlots, and corrals. Structures do not include pasture fencing.

N.D. Admin Code 89-14-01-04

Effective May 1, 2001. .
Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.
Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 24-02-01.1, 24-02-01.5, 61-03-13

Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1