Regulatory Program: Other Determinations
Other Determinations refer to Stream Crossing and Water Course Determinations.
Stream Crossing Determinations
The Office of the State Engineer (OSE) is responsible for performing “stream crossing determinations” if requested by certain political subdivisions or landowners. Stream Crossing Standards, which are outlined in N.D. Administrative Code section 89-14-01-02, were developed in the early 2000s by a cooperative effort between the OSE and ND Department of Transportation to ensure reasonable road design requirements for all road authorities regarding stream crossings. Stream Crossing Standards attempted to balance upstream, downstream, and road authority interests with proper roadway design. Stream Crossing Standards were also developed to provide liability protection for road authorities, their contractors, subcontractors, or agents and any individual firm, corporation, or limited liability company that install stream crossings and comply with Stream Crossing Standards.
The OSE is responsible for performing “watercourse determinations” if requested by a water resource district. Whether or not a “watercourse” as defined in N.D. Century Code section 61-01-06 is constituted has certain jurisdictional and legal implications. The N.D. Legislature has tasked the OSE with these jurisdictional determinations as requested from local water resource districts.
Program Rules & Guidance
Administrative Code - Links to North Dakota Administrative Code “Article 89-14 – Public Highway Stream Crossings”
Century Code - Links to North Dakota Century Code “Title 61 Waters”
Century Code - Links to North Dakota Century Code “Title 24 Highways, Bridges, and Ferries”
Other Determinations Applications
For more information please contact the Regulatory Division at (701) 328-2752 or e-mail.