Regulatory Program: Other Regulations

“Other Regulations” refers to Stream Crossing Determinations and Watercourse Determinations administered by the Department of Water Resources (DWR).

Stream Crossing Determinations

The Department of Water Resources (DWR) performs stream crossing determinations upon request from certain political subdivisions or landowners.

Stream Crossing Standards, outlined in North Dakota Administrative Code (NDAC) 89-14-01-02, were developed in the early 2000s through a cooperative effort between the DWR and the North Dakota Department of Transportation (NDDOT). These standards establish reasonable roadway design requirements for all road authorities and are intended to balance upstream, downstream, and roadway authority interests.

The Stream Crossing Standards also provide liability protection for road authorities; their contractors, subcontractors, or agents; and any individual, firm, corporation, or limited liability company that installs stream crossings in compliance with the standards.

Stream Crossing Determination Fact Sheet (PDF)

Watercourse Determinations

The Department of Water Resources (DWR) performs watercourse determinations upon request from a water resource district.

Determining whether a feature meets the definition of a watercourse, as defined in North Dakota Century Code (NDCC) 61-01-06, has jurisdictional and legal implications for water management and regulation.