North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water
Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations
Section 33.1-16-03.1-05 - Operations requiring a permit

1. Any animal feeding operation that has been defined as a concentrated animal feeding operation in section 33.1-16-03.1-03 or designated a concentrated animal feeding operation under section 33.1-16-03.1-04 must obtain a state animal feeding operation permit.

2. Any medium animal feeding operation where manure or process wastewater from the operation causes or is likely to cause water pollution and is located within one-fourth mile [.40 kilometer] of a stream or surface water that contains water, except for infrequent periods of severe drought, shall apply for a state animal feeding operation permit. Waters completely contained on an owner's property and which do not combine or affect a junction with natural surface or underground waters are not included.

3. A medium or small animal feeding operation shall apply for a state animal feeding operation permit when the department has determined that manure or process wastewater from the operation causes or is likely to cause water pollution. In making this determination, the department shall consider the following factors:

4. An animal feeding operation which stables or confines animals, other than the types of animals specified in the definition of medium animal feeding operation, shall apply for a state animal feeding operation permit when the department has determined that manure or process wastewater from the operation causes or is likely to cause water pollution.