North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-05.3 - Abandoned Mine Land Reclamation
Chapter 69-05.3-01 - Abandoned Mine Land Reclamation
Section 69-05.3-01-08 - Entry for studies or exploration - Notice

1. If the owner of the land to be entered under North Dakota Century Code section 38-14.2-08 will not provide consent to entry, the commission shall give notice in writing to the owner of its intent to enter for purposes of study and exploration to determine the existence of adverse effects of past coal mining or noncoal mining practices which may be harmful to the public health, safety, or general welfare.

2. The notice shall be by mail to the owner, if known, and shall include a statement of the reasons why entry is believed necessary.

3. If the owner is not known, or the current mailing address of the owner is not known, or the owner is not readily available, the notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in the official newspaper of each county and in other daily newspapers of general circulation in each county wherein the land lies.

4. Notice shall be given at least five days before entry.

5. Entry required to investigate and explore reported emergency conditions will be governed by the provisions of subsection 3 of section 69-05.3-01-09.