North Dakota Stormwater Management (2026)

Key Facts

Statute: NDCC 61-28
Permitting agency: ND DEQ
Construction threshold: 1+ acres disturbed
MS4 measures: Six required

Full Breakdown

Under NDCC Chapter 61-28 and the federal Clean Water Act, the ND Department of Environmental Quality (DEQ) issues NPDES permits for construction sites disturbing one or more acres, MS4 (municipal separate storm sewer system) operators, and industrial facilities. Construction permits require erosion and sediment control plans (SWPPP). Designated MS4 cities such as Fargo, Bismarck, and Grand Forks must implement six minimum control measures. Local stormwater rules must meet or exceed state DEQ standards. Permittees must file Notices of Intent and pay applicable fees prior to land disturbance.

Violations & Penalties

Discharging without an NPDES permit may result in DEQ administrative penalties up to $12,500 per day and federal enforcement under the Clean Water Act.

Frequently Asked Questions

Who issues stormwater permits in North Dakota?

The North Dakota Department of Environmental Quality issues NPDES stormwater permits for construction, industrial, and municipal discharges, with federal EPA oversight under delegation.

Can cities impose stricter stormwater rules than the state?

Cities may adopt stricter stormwater controls, but must meet or exceed state DEQ minimum standards for permitted discharges and MS4 program implementation.

North Dakota Stormwater Discharge Permitting Standards