Regulatory Program: Other Regulations
Other Regulations refer to Stream Crossing and Watercourse Determinations.
Stream Crossing Determinations
The DWR is responsible for performing “stream crossing determinations” if requested by certain political subdivisions or landowners. Stream Crossing Standards, which are outlined in NDAC 89-14-01-02, were developed in the early 2000s by a cooperative effort between the DWR and ND Department of Transportation to ensure reasonable road design requirements for all road authorities regarding stream crossings. Stream Crossing Standards attempted to balance upstream, downstream, and road authority interests with proper roadway design. Stream Crossing Standards were also developed to provide liability protection for road authorities, their contractors, subcontractors, or agents and any individual firm, corporation, or limited liability company that install stream crossings and comply with Stream Crossing Standards.
The DWR is responsible for performing “watercourse determinations” if requested by a water resource district. Whether or not a “watercourse” as defined in NDCC 61-01-06 is constituted has certain jurisdictional and legal implications.
Program Rules & Guidance
North Dakota Administrative Code - Link to Article 89-14 "Public Highway Stream Crossings”
North Dakota Century Code - Link to Title 61 "Waters”
North Dakota Century Code - Link Title 24 "Highways, Bridges, and Ferries”
Watercourse Determination Request (under construction)
For more information on Other Regulations, please contact the Regulatory Division at (701) 328-4949 or e-mail.