The department may grant, deny, or condition any permit application. In deciding what action to take on a permit application, the department shall consider the potential effects of the proposed project on the following:

1. Riparian owner's correlative rights of use;

2. Recreation;

3. Navigation;

4. Aesthetics;

5. Environment;

6. Erosion;

7. Maintenance of existing water flows;

8. Fish and wildlife;

9. Water quality;

10. Cultural and historical resources; and

11. Alternative uses.

History: Effective November 1, 1989; amended effective April 1, 2008; July 1, 2014; January 1, 2023; July 1, 2024; April 1, 2026.

General Authority: NDCC 61-03-13

Law Implemented: NDCC 61-33-02, 61-33-05