# Title 7 — Agriculture Commissioner

## Article 7-19 — Environmental Impact Mitigation Program

## Chapter 7-19-01 — General Provisions

### § 7-19-01-01. Definitions.

For purposes of this chapter:
1. "Applicant" means a person that has filed on or after March 31, 2024, or is planning to file, an
application for a proposed site, corridor, or route, pursuant to North Dakota Century Code
chapter 49-22.
2. "Electric energy conversion facility" means the term as it is defined by North Dakota Century
Code section 49-22-03.
3. "Electric transmission facility" means the term as it is defined by North Dakota Century Code
section 49-22-03.
4. "Mitigation" means avoiding or minimizing adverse environmental impact or performing an
action or activity to offset or otherwise compensate for adverse environmental impact by:
a. Planning and executing a mitigation plan; or
b. Payment to the agriculture commissioner for deposit into the environmental impact
mitigation fund for expenditure in accordance with North Dakota Century Code section
4.1-01-21.1.
5. "Mitigation plan" means a plan of mitigation measures including creating or restoring similar
habitat or offsetting or otherwise compensating for habitat adversely affected by the
construction or operation of an electric energy conversion or transmission facility.
6. "Offset" means to counterbalance residual adverse environmental impact to achieve a net
neutral or beneficial outcome, generally conducted after reasonable efforts have been
undertaken to avoid and minimize impact or if avoidance or minimization of impact is not
feasible.
7. "Similar habitat" means a physical environment that has the same or about the same
corresponding resources, vegetation, and biotic factors serving multiple species that are
exhibited in the physical environment within the vicinity of or generally surrounding the
construction or operation of an electric energy conversion or transmission facility. These
separate physical environments comprising similar habitat may resemble or somewhat differ
from each other in general appearance, features, or other terrain characteristics.
History: Effective July 1, 2024.
General Authority: NDCC 4.1-01-21.1(4)
Law Implemented: NDCC 4.1-01-21.1(4), 49-22-03

### § 7-19-01-02. Implementation and administration.

1. The agriculture commissioner is responsible for the implementation and administration of an
environmental impact mitigation program and the environmental impact mitigation fund.
2. The environmental impact mitigation fund is a continuing appropriation contained within the
state treasury. This fund consists of all moneys deposited in the fund by legislative
appropriation or under North Dakota Century Code section 49-22-09.2.
History: Effective July 1, 2024.
General Authority: NDCC 4.1-01-21.1(4)
Law Implemented: NDCC 4.1-01-21.1, 49-22-09.2
### § 7-19-01-03. Mitigation plan and payment.

1. Before an application is filed to construct or operate an electric energy conversion or
transmission facility, or very early in that application process, an applicant may notify and
coordinate with the agriculture commissioner about identified adverse environmental impacts
from the construction or operation of the facility. A notification may:
a. Propose to the agriculture commissioner a mitigation plan to create or restore similar
habitat or to offset or otherwise compensate for identified adverse environmental
impacts; or
b. Request the agriculture commissioner to develop a mitigation plan, including a cost
estimate, to create or restore similar habitat or to offset or otherwise compensate for
identified adverse environmental impacts.
2. Prior to the public service commission issuing the applicant a permit or certificate, the
agriculture commissioner shall notify the public service commission, for its consideration, of
the mitigation plan and mitigation efforts or of any payment to the agriculture commissioner for
deposit into the environmental impact mitigation fund for expenditure in accordance with North
Dakota Century Code section 4.1-01-21.1.
3. As part of the permit or certificate process, the applicant may not make an offset payment to
any person, other than the agriculture commissioner, to create or restore similar habitat or to
offset or otherwise compensate for the adverse environmental impact resulting from the
construction or operation of an electric energy conversion or transmission facility.
History: Effective July 1, 2024.
General Authority: NDCC 4.1-01-21.1(4)
Law Implemented: NDCC 4.1-01-21.1, 49-22-09.2
### § 7-19-01-04. Agriculture commissioner notification and legislative management.

The agriculture commissioner shall provide a biennial report regarding the environmental impact
mitigation fund to the legislative management no later than December thirty-first of every even-
numbered year.
History: Effective July 1, 2024.
General Authority: NDCC 4.1-01-21.1(4)
Law Implemented: NDCC 4.1-01-21.1, 49-22-09.2
