§ 61-33-05.1 — Navigability determinations

North Dakota § 61-33-05.1

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-33: Sovereign Land Management

Text

1. Before making a determination that a body of water or portion of a body of water is
navigable, the department of water resources shall:
a. Develop and deliver to the state water commission a preliminary finding regarding
the navigability of the body of water or portion of a body of water and the legal
rationale for the preliminary finding; and
b. Consult with the state water commission in an open meeting and demonstrate the
public need and purpose for the determination to be made.
2. After completing the requirements of subsection 1, the department of water resources
may proceed with making a final determination of navigability by:
a. Providing reasonable public notice of the preliminary finding, legal rationale for
the preliminary finding, and opportunity for the public to provide comments for no
less than sixty days. The notice must:
(1) Include the address and electronic mail address to which public comments
may be sent and the deadline by which public comments must be received;
(2) Clearly identify the specific body of water or portion of a body of water for
which the finding of navigability is sought;
(3) State the department will hold a public hearing regarding the preliminary
finding before a final determination of navigability is made, and provide the
date, time, and location of the public hearing;
(4) Be provided to the governing body of each soil conservation district, water
resource district, and county adjacent to the body of water or portion of a
body of water for which the preliminary finding was made;
(5) Be published in the official county newspaper for each county adjacent to
the body of water or portion of a body of water for which the preliminary
finding was made; and

(6) Briefly state the purpose of the hearing and describe the impact or effect a
determination of navigability will have on the property rights of persons who
own property adjacent to the body of water or portion of a body of water for
which the determination of navigability may be made; and
b. Holding a public hearing regarding the preliminary finding.
3. After completing the requirements of subsection 2 and making a determination of
navigability, the department of water resources shall prepare a report regarding the
determination, including summaries of the information provided to the state water
commission, the public hearings held, and the public comments received. The
department shall provide the report to the state water commission, send the report by
certified mail to any person that appeared at the public hearing required under
subsection 2 or provided written comments by the deadline, make the report available
to the public, including on the website for the office of the secretary of state, and
provide public notice of the report's availability. The report is final on the date it is
provided to the state water commission.
4. A determination of navigability may be appealed directly to a court of competent
jurisdiction in accordance with sections 28-32-42 through 28-32-46 and sections
28-32-50 and 28-32-51.