RAPID/BulkTransmission/North Dakota/Land Access

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RAPID

Regulatory and Permitting Information Desktop Toolkit

North Dakota Bulk Transmission Land Access(3-ND)

In North Dakota, a transmission developer must obtain a Right-of-Way Permit from the North Dakota Department of Trust Lands prior to constructing transmission lines on state land. N.D. Constitution Art. IX; N.D.C.C. § 15-01. A transmission developer must also obtain a Utility Occupancy Permit from the North Dakota Department of Transportation in order to construct a transmission project in a state highway right-of-way. North Dakota Century Code § 24-01.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

North Dakota Federal

Right of Way Agency: North Dakota Department of Trust Lands
State Land Right of Way Process: A developer must obtain a Right-of-Way Permit from the North Dakota Department of Trust Lands to construct transmission lines on state lands.
State Highway Right of Way Agency: North Dakota Department of Transportation
State Highway Right of Way Process: A developer must obtain a Utility Occupancy Permit from the North Dakota Department of Transportation to construct a transmission project in a state highway right-of-way. N.D. Century Code § 24-01, NDDOT Utility Occupancy Webpage.
Eminent Domain: Utilities have eminent domain power to take private property, when necessary, for the construction of transmission lines, pursuant to N.D. Century Code § 32-15-01(2).

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