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Water Resources proposes new timelines and a reworked drain permitting process; local districts voice concern

March 12, 2026 | 2026 Legislature ND, North Dakota


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Water Resources proposes new timelines and a reworked drain permitting process; local districts voice concern
Abby Ebock, policy director for the Department of Water Resources, told the committee the proposed rules implement statutory changes and create a clearer, timeline‑driven permitting process for drains and construction. The department said it will use "best publicly available information" to verify watershed areas, may request engineering analyses only for drains of statewide or interdistrict significance, and will offer department‑led public information meetings (including virtual options) for high‑impact projects.

Ebock said the department adjusted timelines from an initial 60 working days to "up to 90 days" following public comment. She explained the department removed language that would have forced local water‑resource districts to adopt the department's exact review criteria, noting the department lacks statutory authority to dictate how a water‑resource district processes its own permits. Supporters of the rules said clearer department timelines and processes will reduce uncertainty; opponents cautioned that the department-led informational meeting could be seen as supplanting local water‑district processes and expressed concerns about the timing of informational meetings relative to district review.

Ebock stressed the department would continue to defer to water‑resource districts on their permitting decisions while using the rules to clarify how the department will process applications under its jurisdiction. She said the department will publish flow charts and updated policies and forms to support the new procedures.

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