RAPID/BulkTransmission/North Dakota/Land Access

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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

State Land Right-of-Way: Any person may need a Right-of-Way Permit to access state land. N.D.C.C. § 15-01.
State Land Right-of-Way Agency: North Dakota Department of Trust Lands
State Highway Right-of-Way: Any person may need a Utility Occupancy Permit to construct, place or maintain electric transmission, pole lines, or other structures across or along any state highway. Person means “any person, firm, partnership, association, corporation, limited liability company, organization, or business trust”. North Dakota Century Code § 24-01.
State Highway Right-of-Way Agency: North Dakota Department of Transportation
Eminent Domain: The power of eminent domain can be exercised for the purpose of building electric transmission lines. N.D. Century Code § 32-15-02.