§ 24-03-08 — Determinations of surface water flow and appropriate highway construction

North Dakota § 24-03-08

• Jurisdiction: North Dakota
• Title 24: Highways, Bridges, and Ferries
• Ch. 24-03: Construction and Maintenance of State Highway System

Text

construction.
Whenever and wherever a highway under the supervision, control, and jurisdiction of the
department or under the supervision, control, and jurisdiction of the board of county
commissioners of any county or the board of township supervisors has been or will be
constructed over a watercourse or draw into which flow surface waters from farmlands, the
department of water resources, upon petition of the majority of landowners of the area affected
or at the request of the board of county commissioners, township supervisors, or a water
resource board, shall determine as nearly as practicable the design discharge that the crossing
is required to carry to meet the stream crossing standards prepared by the department and the
department of water resources. When the determination has been made by the department of
water resources, the department of transportation, the board of county commissioners, or the
board of township supervisors, as the case may be, upon notification of the determination, shall
install a culvert or bridge of sufficient capacity to permit the water to flow freely and unimpeded
through the culvert or under the bridge. The department, county, and township are not liable for
any damage to any structure or property caused by water detained by the highway at the
crossing if the highway crossing has been constructed in accordance with the stream crossing
standards prepared by the department and the department of water resources.