Drain Permits
The DWR and local water resource districts are responsible for regulating different types of drains, as authorized by N.D.C.C. chs. 61-03 and 61-32 and N.D.A.C. art. 89-02.
Information on complaints of unauthorized construction or appeals of agency decisions can be found on the Complaints and Appeals tab.
Surface Drains
A surface drain permit is required prior to draining a pond, slough, lake or sheetwater, or any series thereof, that has a watershed area of 80 acres or more. All drain permits must first be submitted to the DWR. The DWR will determine if the project has statewide or interdistrict significance and forward the application to the applicable water resource district for their action.
The DWR has ultimate permitting authority for drains determined to be of statewide or interdistrict significance. All other drain projects are approved or denied at the local level.
Drain Permit Process Flowchart (PDF)
Application For Surface Drain (SFN 2830) (PDF)
Emergency Surface Drains
Applications for emergency surface drain permits must be sent jointly to the DWR and local water resource district. Applications will be approved or denied by the DWR in consultation with the board.
An emergency surface drain permit is temporary and may last 6 months with the option for an extension. Owners may apply for emergency drains to become permanent drains.
Application For Emergency Surface Drain (SFN 62710) (PDF)
Subsurface Water Management Systems
Water resource districts are responsible for permitting subsurface water management systems. Permits are required for systems comprising 80 acres of land area or more. For systems less than 80 acres, there are notification requirements.
Application To Install A Subsurface Water Management System (SFN 61244) (PDF)
Program Policies
Drainage Permitting Considerations Policy (REG_02) (PDF)
Drains Of Statewide Or Interdistrict Significance (REG_3) (PDF)
Information
For more information, contact the Regulatory Division at (701) 328-4956 or e-mail.