North Dakota § 4.1-37-03 License required - Anhydrous ammonia facilities and mobile storage container

North Dakota Statutes

§ 4.1-37-03 — License required - Anhydrous ammonia facilities and mobile storage container

North Dakota § 4.1-37-03

Title 4.1Agriculture

Ch. 4.1-37Anhydrous Ammonia Facilities

This text of North Dakota § 4.1-37-03 (License required - Anhydrous ammonia facilities and mobile storage container) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 4.1-37-03 (2026).

Text

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1.The owner or operator of an anhydrous ammonia storage facility or a mobile storage container shall apply to the agriculture commissioner for a license to site and operate the facility or mobile storage container. Neither an anhydrous ammonia storage facility nor mobile storage container may be operated without a license issued by the agriculture commissioner.

2.Any permanent anhydrous ammonia storage facility constructed before July 1, 1985, is exempt from the siting requirements of this chapter and may receive a license under this chapter regardless of noncompliance with the siting requirements.

3.The commissioner may deny a license for:

a.Failure to remit the proper fee;

b.Failure to comply with the siting requirements of this chapter and rules adopted under this chapte

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1. The owner or operator of an anhydrous ammonia storage facility or a mobile storage
container shall apply to the agriculture commissioner for a license to site and operate
the facility or mobile storage container. Neither an anhydrous ammonia storage facility
nor mobile storage container may be operated without a license issued by the
agriculture commissioner.
2. Any permanent anhydrous ammonia storage facility constructed before July 1, 1985, is
exempt from the siting requirements of this chapter and may receive a license under
this chapter regardless of noncompliance with the siting requirements.
3. The commissioner may deny a license for:
a. Failure to remit the proper fee;
b. Failure to comply with the siting requirements of this chapter and rules adopted
under this chapter if constructed after June 30, 1985; or
c. The facility failing to meet the initial inspection standards required by this chapter
and any rules adopted under this chapter.
4. To obtain a license, an applicant shall submit with the application drawings or
photographs showing, and a signed affidavit stating, the facility or mobile downloading
site has been measured and meets the siting requirements. The drawings or
photographs must show the proposed location of the tank and the surroundings in all
directions.
5. An applicant for a mobile storage container license also shall submit a certification
from the United States department of transportation.
6. The agriculture commissioner shall provide the board of county commissioners, of the
county in which the facility is located, a written notification of intent to issue a storage
facility operator's license for a new proposed facility. The written notification must
include copies of the submitted application materials. Upon receipt of the notification,
the county has forty-five days to request an allowance for a local zoning review. If a
local zoning review is requested, the agriculture commissioner shall allow the county
sixty days to complete the review and give written approval. If the county fails to
respond within the specified time frame the agriculture commissioner may issue a
license. If the county applies additional zoning requirements, the agriculture
commissioner may require compliance with local ordinance before issuing a license.