State Wetlands Information Tool (SWIFT)
North Dakota
Note: Most states have enacted laws and regulations to protect wetlands. In many cases,
these rules are established to define the state's role in the "§404 permit/§401 certification
process." This process involves the U.S. Army Corps of Engineers and your state
environmental agency. To learn more about the wetlands permitting process go to the CICA
Wetlands Regulations/Permit page.
Primary State Wetlands Web Page. This web page should explain the state wetlands
program and provide links to various wetlands resources.
Construction Permit Process - State Rules
How Are Wetlands Activities Regulated by North Dakota? The water
commission regulates activities in state wetlands through its drainage permit
program.
Mitigation Measures. Persons must apply for a wetland restoration permit when
the state engineer has determined that restoration does not increase the wetland's
capacity beyond twelve and one-half acre feet. See Mitigation Fact Sheet: ftp://ftpfc.sc.egov.usda.gov/ND/factsheets/mitigation_fs.pdf.
Regulatory Definitions
Wetlands. Wetlands are waters within the limits of the state that are on the surface
of the earth, excluding diffused surface waters, but including surface waters whether
flowing in well-defined channels or flowing through lakes, ponds, or marshes which
constitute integral parts of a stream system, or waters in lakes.
Regulated Wetland Activities. A wetland restoration permit is required whenever
a wetland is to be restored and the state engineer has determined that the
restoration does not increase the wetland's natural capacity more than twelve and
one-half feet. A permit also is required before beginning any of the following
activities: constructing a drain for the purpose of draining waters from a pond,
slough, lake, or sheetwater, or any series thereof, having a watershed of eighty
acres or more; drainage by pumping a pond, slough, lake, or sheetwater, or any
series thereof, having a watershed of eighty acres or more; draining or attempting to
drain any meandered lake; the construction of an assessment drain pursuant to
North Dakota Century Code chapter 61-16.1 or 61-21; the construction of any lateral
drain; the modification of the drainage authorized in the original permit; modification
of drainage includes deepening and widening of a drain, or the extension of any
drain; filling a pond, slough, lake, or sheetwater which has a watershed of eighty
acres or more, for the purpose of causing the pond, slough, lake, or sheetwater to be
drained by elimination of all or a portion of the existing storage.
Exempt Wetland Activities. A drainage permit under § 89-02-01-03 is not
required for maintenance of a drain. Permit requirements do not apply to any drain
constructed under the direct and comprehensive supervision of the federal or state
agencies specified in this section. The agencies capable of providing supervision and
analyzing downstream impacts are: the State Water Commission; the Army Corps of
Engineers; the Natural Resources and Conservation Service, for projects constructed
pursuant to the Watershed Protection and Flood Prevention Act; the Bureau of
Reclamation, for projects that are part of the originally authorized Garrison Diversion
Unit authorized in 1965; and the State Department of Transportation, for federal aid
projects.
Wetland Regulatory Background Information
Other Wetland Resources
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U.S. Department of Agriculture Natural Resources Conservation Service
Wetlands Contacts for North Dakota.
Description of North Dakota's wetlands program prepared by the ELI
(Environmental Law Institute).
Association of State Wetlands Managers' links to North Dakota programs and
points of contacts.
Organizations/Non-Government Programs
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Water Environment Federation. The WEF Web site provides access to a wetlands
related technical discussion area, as well as publications and other information on
wetlands.
Wetlands Regulation Center. The Wetlands Regulation Center Web site contains
information on laws, policies and regulations concerning activities regulated under
Sections 401 and 404 of the Clean Water Act.
Association of State Wetland Managers. The Association of State Wetland
Managers Web site provides information on wetlands news and events, including new
regulations/legislation, upcoming conferences and events, publications, and more.
Society of Wetland Scientists. The Society of Wetland Scientists Web site provides
access to on-line scientific wetlands journals and a wetlands discussion forum, as
well as information on upcoming wetlands conferences and events.