North Dakota Administrative Code
Title 37 - Department of Transportation
Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14]
Chapter 89-14-01 - Stream Crossing Design
Section 89-14-01-04 - Floodplain consideration - Upstream development

Universal Citation: ND Admin Code ยง 89-14-01-04
Current through Supplement No. 394, October, 2024

All stream crossings must comply with applicable floodplain regulations and regulatory floodway requirements. If a stream crossing is being replaced and buildings or structures are located upstream from the crossing, the stream crossing must not be constructed or reconstructed in a manner that increases the likelihood of impacts to those upstream buildings or structures from that which existed with the stream crossing being replaced, even if the capacity of the crossing being replaced was greater than the capacity otherwise required by this chapter. Any stream crossing constructed as part of a newly constructed roadway shall be constructed to pass a one hundred-year event without the resulting increase in headwater impacting any existing buildings or structures. Structures, for the purposes of this section, include grain bins, silos, feedlots, and corrals. Structures do not include pasture fencing.

General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13

Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1

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