61-03-21.2. Removal or modification of unsafe or unauthorized works.
389 words·~2 min read·
/nd/title-61/chapter-61-03-state-engineer/61-03-21-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the department determines works are unsafe or unauthorized, the department shall notify the landowners by registered mail at the landowner's last-known post-office address of record. A copy of the notice also must be sent to any tenant, if the department has actual knowledge of the fact that a tenant exists. The notice must specify the nature and extent of the noncompliance and the modifications necessary for compliance, and must state if the works are not modified or removed within the period stated in the notice, but not less than thirty days, the department shall cause the removal or modification of the works and assess the cost of the removal or modification, or a portion of the cost as the department determines, against the property of the landowner responsible.
The notice also must state the affected landowner may demand in writing a hearing on the matter within fifteen days of the date the notice is mailed. The request for a hearing must state with particularity the issues, facts, and points of law to be presented at the hearing. If the department determines the issues, facts, and 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 shall set a hearing date without undue delay.
In an emergency, the department immediately may apply to the appropriate district court for an injunction prohibiting the landowner or tenant from constructing or maintaining the works, or ordering the landowner to remove or modify the works. Any assessments levied under this section must be collected in the same manner as other assessments authorized by this title. If, in the opinion of the director, more than one landowner or tenant has been responsible, the costs may be assessed on a pro rata basis in proportion to the responsibility of the landowners.
Any person aggrieved by a decision of the department under this section may appeal the decision to the district court of the county in which the land is located in accordance with chapter 28-32. A hearing under this section is a prerequisite to an appeal unless the hearing was denied by the department.
For purposes of this section, the term "works" includes dams, dikes, wells, or other devices for water conservation, flood control, regulation, storage, diversion, or carriage of water.