89-10-01-34. Dredging or filling.

1. Unless permitted by the department, dredging or filling on sovereign lands is prohibited. If prohibited dredging or filling occurs, the department:

a. Shall issue an order to the violator identifying the action required to restore the sovereign lands and a date by which the ordered action must be taken. Unless an emergency

exists, the date by which the ordered action must be taken must be at least twenty days after the order is issued.

1. b. If the ordered action is not taken by the date specified in the order, the department may take any action to restore the sovereign lands at the violator's expense.
2. c. May commence a civil proceeding to enforce its order if the department takes action to restore sovereign lands, the department may assess the costs of such action against the riparian owner's property where the dredging or filling occurred or may commence a civil proceeding to recover the costs incurred in such action. If the department chooses to recover costs by assessing the costs against the riparian owner's property where the dredging or filling occurred and the property is insufficient to pay for the costs incurred, or if the riparian owner was not the party responsible for the dredging or filling, the department may commence a civil proceeding to recover any costs not recovered through the assessment process. Any assessment levied under this section must be collected in the same manner as other real estate taxes are collected and paid.

2. A person who receives an order from the department under this section may send a written request to the department for a hearing. The department must receive the request within ten days of the date the order is issued. The request for a hearing must state with particularity the issues, facts, and points of law to be presented at the hearing. If the director determines the issues, facts, and points of law to be presented are well-founded and not frivolous and the request for a hearing was not made merely to interpose delay, the department must set a hearing date without undue delay.

3. Any person aggrieved by the action of the director may appeal the decision to the district court of the county where the sovereign lands at issue are located under North Dakota Century Code chapter 28-32. A request for a hearing as provided in subsection 2 is a prerequisite to any appeal to the district court.

History: Effective April 1, 2010; amended effective July 1, 2014; January 1, 2023.

General Authority: NDCC 61-03-13

Law Implemented: NDCC 61-33-02, 61-33-05, 61-33-10