North Dakota § 61-33-01.1 Ordinary high water mark determination - Factors to be considered

North Dakota Statutes

§ 61-33-01.1 — Ordinary high water mark determination - Factors to be considered

North Dakota § 61-33-01.1

Title 61Waters

Ch. 61-33Sovereign Land Management

This text of North Dakota § 61-33-01.1 (Ordinary high water mark determination - Factors to be considered) 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 § 61-33-01.1 (2026).

Text

The department of water resources shall maintain ordinary high water mark delineation guidelines consistent with this section.

1.When determining the ordinary high water mark for delineating the boundary of sovereign lands, vegetation and soils analysis must be considered the primary physical indicators. When considering vegetation, the ordinary high water mark is the line below which the presence and action of the water is frequent enough to prevent the growth of terrestrial vegetation or restrict vegetation growth to predominately aquatic species. Generally, land, including hay land, where the high and continuous presence of water has destroyed the value of the land for agricultural purposes must be deemed within the ordinary high water mark.

2.When feasible, direct hydrological and hy

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The department of water resources shall maintain ordinary high water mark delineation
guidelines consistent with this section.
1. When determining the ordinary high water mark for delineating the boundary of
sovereign lands, vegetation and soils analysis must be considered the primary
physical indicators. When considering vegetation, the ordinary high water mark is the
line below which the presence and action of the water is frequent enough to prevent
the growth of terrestrial vegetation or restrict vegetation growth to predominately
aquatic species. Generally, land, including hay land, where the high and continuous
presence of water has destroyed the value of the land for agricultural purposes must
be deemed within the ordinary high water mark.
2. When feasible, direct hydrological and hydraulic measurements from stream gauge
data, elevation data, historic records of water flow, high resolution light detection and
ranging systems, prior elevation and survey maps, and statistical hydrological
evidence must be considered when determining the ordinary high water mark. The
department of water resources shall establish appropriate guidelines, technical
standards, and other criteria, including use of light detection and ranging systems or
other future technological advancements, as necessary, for conducting hydrologic and
hydraulic modeling required by this section.
3. Secondary physical indicators, including litter, debris, or staining, may be considered
to supplement the analysis of the ordinary high water mark investigation but may not
supersede primary physical indicators unless primary physical indicators are deemed
inadequate or inconclusive. Physical indicators directly affected by influent
non-navigable tributaries, adjoining water bodies, or wetlands may not be used to
delineate the sovereign land boundary of a navigable body of water.