§ 23.1-01-11 — Appeal from permit proceedings

North Dakota § 23.1-01-11

• Jurisdiction: North Dakota
• Title 23.1: Environmental Quality
• Ch. 23.1-01: Department of Environmental Quality

Text

1. An appeal from the issuance, denial, modification, or revocation of a permit issued
under chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 may be made by the
person who filed the permit application, or by any person who is aggrieved by the
permit application decision, provided that person participated in or provided comments
during the hearing process for the permit application, modification, or revocation. An
appeal must be taken within thirty days after the final permit application determination
is mailed by first-class mail to the permit applicant and to any interested person who
has requested a copy of the final permit determination during the permit hearing
process. Except as provided in this section, an appeal of the final permit determination
is governed by sections 28-32-40, 28-32-42, 28-32-43, 28-32-44, 28-32-46, and
28-32-49. The department may substitute final permit conditions and written responses
to public comments for findings of fact and conclusions of law. Except for a violation of
chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 which occurs after the permit is
issued, or any permit condition, rule, order, limitation, or other applicable requirement
implementing those chapters which occurs after the permit is issued, any challenge to
the department's issuance, modification, or revocation of the permit or permit
conditions must be made in the permit hearing process and may not be raised on any
collateral or subsequent legal proceeding, and the applicant and any aggrieved person
may raise on appeal only issues that were raised to the department in the permit
hearing process.
2. Notwithstanding subsection 1, the department may adopt any procedures governing
appeals it determines are necessary and appropriate to develop, implement, or
enforce a federally delegated, authorized, or approved program.