N.D. Admin. Code Title 58 — Parks and Recreation Department [Not an Administrative Agency]

Article 58-01 General Administration

Chapter 58-01-01 Organization of Department

N.D. Admin. Code 58-01-01-01 Organization and functions of the parks and recreation department

1.Organization of department.

a.History. In 1965, the legislative assembly created the state outdoor recreation agency and the North Dakota park service. They operated as separate entities until the 1977 legislative assembly combined them into the parks and recreation department. In 1991, the legislative assembly merged the department with the tourism promotion division, formerly a division of the North Dakota economic development commission. The two divisions were split by the 1993 legislative assembly, and two separate agencies were created, the parks and recreation department and the tourism department.

b.Department counsel. The attorney general of North Dakota is the ex officio attorney for the department.

2.Functions of the department. The parks and recreation department shall plan and coordinate government programs encouraging full development, maintenance, and preservation of existing and future state parks, outdoor recreation areas, campgrounds, and nature preserves. The director of the department is appointed by and shall serve at the will of the governor.

3.Inquiries. General inquiries regarding the department may be addressed to the director of the department. Specific inquiries regarding each state park area may be addressed to the park managers.

4.Personnel roster. Correspondence should be addressed as follows:

Director North Dakota Parks and Recreation Department 1600 East Century Avenue, Suite 3 Bismarck, ND 58503 Park Operations Headquarters 1600 East Century Avenue, Suite 3 Bismarck, ND 58503 Fort Abraham Lincoln State Park 4480 Fort Lincoln Road Mandan, ND 58554 Lake Sakakawea State Park Box 732 Riverdale, ND 58565 Lake Metigoshe State Park Bottineau, ND 58318 Turtle River State Park 3084 Park Avenue Arvilla, ND 58214 Icelandic State Park 13571 Highway 5 Cavalier, ND 58220 Lewis & Clark State Park 4904 119th Road NW Epping, ND 58843 Fort Ransom State Park 5981 Walt Hjelle Parkway Fort Ransom, ND 58033 Park Ranger Beaver Lake State Park 3850 70th Street SE Wishek, ND 58495 Fort Stevenson State Park 1252A 41st Avenue NW Garrison, ND 58540 Devils Lake State Park 152 South Duncan Road Devils Lake, ND 58301 Cross Ranch State Park 1403 River Road Center, ND 58530

History

• History: Amended effective November 1, 1981; September 1, 1983; November 1, 1987; February 1, 1996; April 1, 2006.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 58-02 State Parks Administrative Policies

Chapter 58-02-01 Resource Management Policies [Repealed]

N.D. Admin. Code 58-02-01 Resource Management Policies [Repealed]

ARTICLE 58-02

STATE PARKS ADMINISTRATIVE POLICIES

Chapter 58-02-01Resource Management Policies [Repealed] 58-02-02Physical Development Policies [Repealed] 58-02-03Wilderness Use and Management Policies [Repealed] 58-02-04Camping and Campground Policies [Repealed] 58-02-05Visitor Use [Repealed] 58-02-06Road and Trail Policies [Repealed] 58-02-07Law Enforcement Policies [Superseded] 58-02-07.1Law Enforcement Policies [Superseded] 58-02-08Park Use Rules

CHAPTER 58-02-01

RESOURCE MANAGEMENT POLICIES [Repealed effective October 1, 1992]

Chapter 58-02-02 Physical Development Policies [Repealed]

N.D. Admin. Code 58-02-02 Physical Development Policies [Repealed]

CHAPTER 58-02-02

PHYSICAL DEVELOPMENT POLICIES [Repealed effective October 1, 1992]

Chapter 58-02-03 Wilderness Use and Management Policies [Repealed]

N.D. Admin. Code 58-02-03 Wilderness Use and Management Policies [Repealed]

CHAPTER 58-02-03

WILDERNESS USE AND MANAGEMENT POLICIES [Repealed effective October 1, 1992]

Chapter 58-02-04 Camping and Campground Policies [Repealed]

N.D. Admin. Code 58-02-04 Camping and Campground Policies [Repealed]

CHAPTER 58-02-04

CAMPING AND CAMPGROUND POLICIES [Repealed effective October 1, 1992]

Chapter 58-02-05 Visitor Use [Repealed]

N.D. Admin. Code 58-02-05 Visitor Use [Repealed]

CHAPTER 58-02-05

VISITOR USE [Repealed effective February 1, 1996]

Chapter 58-02-06 Road and Trail Policies [Repealed]

N.D. Admin. Code 58-02-06 Road and Trail Policies [Repealed]

CHAPTER 58-02-06

ROAD AND TRAIL POLICIES [Repealed effective October 1, 1992]

Chapter 58-02-07 Law Enforcement Policies

N.D. Admin. Code 58-02-07 Law Enforcement Policies

CHAPTER 58-02-07

LAW ENFORCEMENT POLICIES [Superseded by Chapter 58-02-07.1]

Chapter 58-02-07.1 Law Enforcement Policies

N.D. Admin. Code 58-02-07.1 Law Enforcement Policies

CHAPTER 58-02-07.1

LAW ENFORCEMENT POLICIES [Superseded by Chapter 58-02-08]

Chapter 58-02-08 Park Use Rules

N.D. Admin. Code 58-02-08-01 Authority

These state park use rules apply to all those areas which are under the control of or operated by the North Dakota parks and recreation department. The authority to make and enforce these rules is granted pursuant to North Dakota Century Code sections 55-08-01.3 and 55-08-05.

History

• History: Effective September 1, 1987; amended effective July 1, 1992; February 1, 1996.
• Law Implemented: NDCC 55-08-01.3, 55-08-05

N.D. Admin. Code 58-02-08-02 Definitions

In this chapter, unless the context or subject matter otherwise requires:

1."Camping unit" means any vehicle or shelter specifically used for sleeping in or upon a portion of state land or water designated as a campsite.

2."Campsite" means any area so designated by the department for the express purpose of camping. A campsite will normally include the following items: parking pad, picnic table, campsite marker, and fire ring.

3."Department" means the North Dakota parks and recreation department.

4."Director" means the director of the North Dakota parks and recreation department.

5."Fireworks" means any device consisting of a combination of explosives or combustibles, set off to generate colored lights, smoke, or noise for amusement.

6."Immediate family" means parent, parents, or guardian and their children under the age of eighteen.

7."Occupied campsite" means a campsite where a valid camping permit is affixed to the campsite marker and a camping unit is onsite. If a camping unit is not onsite, a campsite is not occupied unless specific permission for leaving the campsite has been given by park personnel.

8."Off-highway vehicle" means that term as defined by North Dakota Century Code section 39-29-01.

9."Park manager" means the individual responsible for the administration of a state park.

10."Snowmobile" means that term as defined in North Dakota Century Code section 39-24-01.

11."State park" or "park" includes and embraces all land and water managed by the North Dakota parks and recreation department.

12."Swimming area" means an area, marked by buoys, ropes, signs, or floats, or other United States coast guard-approved devices, in which swimming is allowed and the adjacent designated land area.

13."Trail" means any path or route managed by the North Dakota parks and recreation department for motorized or nonmotorized recreational activities.

14."Unmanned aircraft system" or "UAS" means an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft.

May 1, 2011; February 1, 2018.

History

• History: Effective September 1, 1987; amended effective July 1, 1992; February 1, 1996; April 1, 2006;
• Law Implemented: NDCC 55-08-01.3

N.D. Admin. Code 58-02-08-03 Rules enforcement policy - Fees

All rules of the department will be enforced within the state park boundaries. Individuals violating these rules will receive a verbal or written warning, an administrative complaint, a civil summons and complaint, a criminal complaint and warrant or summons, or loss of park privileges. Fees for violation of noncriminal park rules and regulations under this chapter shall be: class 1 - one hundred dollars, class 2 - fifty dollars, class 3 - twenty-five dollars. Fees for violations of rules not specifically noted shall be two hundred fifty dollars. The park manager may expel any person or persons from the lands under the management of the department for violations of any state law, administrative rule, or posted rules and regulations. Persons expelled are not eligible for refunds.

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011.
• General Authority: NDCC 55-08-01.3, 55-08-16, 55-08-18. 55-08-19
• Law Implemented: NDCC 55-08-01.3, 55-08-04, 55-08-04.1, 55-08-16, 55-08-17, 55-08-18, 55-08-19

N.D. Admin. Code 58-02-08-04 Public behavior

1.The hours between ten p.m. and seven a.m. are designated as quiet hours. Activity or noise levels that interfere with the peace and quiet of the park or result in complaints constitute a class 1 violation of this section.

2.Violation of any state law or any rules of the department by a member or guest of a member of a camping party is cause for revocation of the camping permit and eviction from the property.

History

• History: Effective September 1, 1987; amended effective May 1, 2011; February 1, 2018.
• Law Implemented: NDCC 55-08-01.3, 55-08-05, 55-08-19

N.D. Admin. Code 58-02-08-05 Limitation of cabin, dormitory, or campsite occupancy

1.A person or group of persons may not occupy any cabin, dormitory, or campsite for more than fourteen days within any thirty-day period without the written permission of the park manager.

Any person who violates this subsection is guilty of a class 2 noncriminal offense.

2.When a park manager determines that a person or group is not utilizing a campsite or overnight facility for a true recreational purpose, that person, group of persons, or unit may not occupy any cabin, dormitory, or campsite for more than three days. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

3.Overnight visitors must comply with date and time expirations listed on their vehicle permit.

Additional vehicles at a cabin or campsite will be charged the day use fee for each day in the park. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

4.Only one camping unit with a maximum of six persons or the immediate family members shall be permitted on each designated single campsite except with the permission of the park manager. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

5.Children under the age of eighteen must be accompanied by an adult in order to occupy a campsite or cabin in a state park, unless written permission is granted by the park manager.

Any person who violates this subsection is guilty of a class 2 noncriminal offense.

6.A person may not use campground shower facilities in any state park unless the person is a registered overnight customer or has purchased a special shower pass along with a vehicle permit. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

July 15, 2014.

History

• History: Effective September 1, 1987; amended effective October 1, 1988; April 1, 2006; May 1, 2011;

N.D. Admin. Code 58-02-08-06 Camping and camping equipment

1.A person may not camp in an area not designated as a campsite. Any person who violates this

2.No person may take or attempt to take possession of a campsite when it is an occupied campsite, or when informed by park personnel that such site is an occupied campsite, or when the site is posted with a "Reserved" sign. Any person who violates this subsection is

3.All nonreserved campsites are available on a first-come, first-served basis. Campers must immediately establish an occupied campsite following purchase of a camping permit. Any

4.All camping sites are restricted to one camping unit per campsite unless designated as a multiple or group site. Any person who violates this subsection is guilty of a class 2

5.No camping party may move from an assigned site to another campsite without permission from the park manager. Any person who violates this subsection is guilty of a class 2

6.Camping equipment or setup may not damage the campsite. The use of portable kennels and swimming pools must be approved by the park manager. Pools may not exceed six feet in diameter and eight inches in depth. Digging of sod, soil, or gravel to accommodate camping or camping equipment is prohibited. Any person who violates this subsection is guilty of a class 3

7.Generator usage hours are from eight a.m. to eight p.m. This usage is allowed on a park by park basis. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011; February 1, 2018.

N.D. Admin. Code 58-02-08-07 Park roads, trails, and vehicle use

1.Unless otherwise specified, in statute or rule, the use of motor vehicles in state parks, including automobiles, trucks, off-highway vehicles, motorcycles, snowmobiles, motorized scooters, and minibikes, is governed under North Dakota Century Code title 39.

2.All traffic control devices posted within the park, including those located at entrance stations, must be obeyed. Any person who violates this subsection is guilty of a class 3 noncriminal

3.No person may operate a vehicle at speeds exceeding the posted speed limit, or at a speed greater than is reasonable and prudent for the conditions. Any person who violates this

4.No person shall operate any motorized or nonmotorized vehicle beyond the roads and trails built and maintained for the operation of that specific vehicle. Any person who violates this

5.Unless specifically designated, off-highway vehicles are not permitted to operate within state parks or on state snowmobile trails. Any person who violates this subsection is guilty of a class 1 noncriminal offense.

6.No person may use a trail that has been closed for public use by department personnel or in a matter that impedes traffic. Any person who violates this subsection is guilty of a class 2

7.No person may park any vehicle, camper, or trailer in any area not specifically designated for parking or in a manner that impedes traffic. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

8.The department may provide signed permanent or temporary parking places for persons with mobility impairments. No person may park in a space so designated without a valid permit.

Any person who violates this subsection is guilty of a class 3 noncriminal offense.

9.No person may park or leave a vehicle, camper, watercraft, or other equipment in a designated storage area without a valid storage permit. Any person who violates this

10.Groomed and designated cross-country ski trails are for the exclusive use of cross-country skiers. Walking, pets, or any activity that may interfere with the groomed and tracked surface shall be a violation. Any person who violates this subsection is guilty of a class 3 noncriminal

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-08 Sanitation

1.No person may dispose of any refuse, sewage, waste, or wastewater except in places or receptacles provided for disposal. Fish cleaning is allowed only in designated areas of the park. Only fish, including bait fish, may be cleaned or deposited at designated fish cleaning stations. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

2.If no cleaning station is available, game and fish remains, including bait fish, must be removed from the park. Any person who violates this subsection is guilty of a class 2 noncriminal

3.Game cleaning allowed only in designated areas. Any person who violates this subsection is

4.It is unlawful to place refuse generated outside the state park into receptacles. Any person

5.Sewage holding tanks must be dumped in designated dump stations. Any person who violates this subsection is guilty of a class 1 noncriminal offense.

6.Gray water must be dumped in designated dump stations. Any person who violates this

7.Trash must be deposited in park dumpsters or other containers provided for refuse. Any

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011; February 1, 2018.

N.D. Admin. Code 58-02-08-09 Animals

1.Pets shall be personally attended at all times and shall be effectively restrained by a portable enclosure or a leash not exceeding six feet [1.83 meters] in length. Any person who violates

2.No person may keep a noisy, vicious, or dangerous pet or other animal, or one which is disturbing to other persons, in a state park. Any person who violates this subsection is guilty of

3.Pet waste must be bagged and disposed of in an appropriate waste container. Any person

4.Animals are not allowed on any designated swimming areas, playgrounds, in buildings, or other posted areas in a state park, except for service animals, as defined in North Dakota Century Code section 25-13-01.1, which are used for assistance. Any person who violates this

5.No person may tie or hitch any animal to a tree or plant. Any person who violates this

6.No person may bring riding or pack animals onto a site or trail which has not been developed and maintained to accommodate riding or pack animals. Any person who violates this

7.All riding or pack animals must be restrained and under control. Any person who violates this 8Horse waste and hay must be removed daily from all areas except designated horse trails.

Any person who violates this subsection is guilty of a class 2 noncriminal offense.

9.No person shall apply, or allow to be applied, any pesticide, within a state park unless it is formulated and labeled for household use only and does not require mixing or spraying with any type of carrier. If applying an authorized treatment, the treatment must not infringe on people or property in adjacent use areas. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

February 1, 2018; July 1, 2019.

History

• History: Effective September 1, 1987; amended effective February 1, 1996; April 1, 2006; May 1, 2011;

N.D. Admin. Code 58-02-08-10 Destruction of property

1.A person may not destroy, in any manner, any native, wild, or domesticated tree, shrub, fruit, plant, wildflower, or animal. Any person who violates this subsection is guilty of a class 1

2.No person may destroy, deface, or remove, or disturb, in any manner, any real, personal, or public property, including geological formations or features and historical and cultural artifacts.

Any person who violates this subsection is guilty of a noncriminal offense.

3.Collecting of fruit or plant materials is prohibited. Any person who violates this subsection is

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-11 Building fires

1.No person may build a fire outside of stoves, grills, fire rings, or other places provided for building a fire. Any person who violates this subsection is guilty of a class 2 noncriminal

2.All fires must be attended by a person eighteen years of age or older at all times. Any person

3.Upon abandonment of the fire, it must be completely extinguished. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

4.Open fires may be prohibited based on conditions. Any person who violates this subsection is

5.All firewood must be sized to fit the fire rings provided. Any person who violates this

6.Collection or cutting of wood is prohibited in a state park without a special permit. Any person

7.Use of chainsaws is prohibited without a special permit. Any person who violates this

8.Burning of lumber with nails, staples, or other metal is prohibited. Any person who violates this

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011; February 1, 2018.

N.D. Admin. Code 58-02-08-12 Firearms, bows and arrows, slingshots, BB guns, and fireworks

No person may discharge or set off within a state park any firearm, bow and arrow, slingshot, BB gun, self-propelled rocket, any form of fireworks, or other projectile, unless authorized by the director.

Any person who violates this subsection is guilty of a class 1 noncriminal offense. An individual who is not otherwise precluded from possessing a class 2 firearm and dangerous weapons license and who has possessed for at least one year a valid driver's license or nondriver's identification card issued by the North Dakota department of transportation may carry a firearm concealed in accordance with North Dakota Century Code title 62.1. All weapons related questions are contained within North Dakota Century Code title 62.1.

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011; February 1, 2018.

N.D. Admin. Code 58-02-08-13 Fees and permits

1.No person may evade or attempt to evade any fee or other charge that may be levied for admission to or use of any state park or facility contained therein. Any person who violates this

2.Park visitors must immediately register at the park office or entrance station or utilize the self-registration facilities, when available, to secure a valid vehicle or camping permit. Any

3.While in the park, visitors must have their daily entrance permits or annual entrance permits prominently displayed in the lower left-hand corner of their vehicle or camping unit windshield unless otherwise instructed by park staff to be considered validly registered for admission. Any

4.Camping permits must be placed on the campsite marker specifically provided for that

purpose. If no campsite marker is provided, the permit must be conspicuously displayed on the camping unit or on a vehicle parked on the campsite. Any person who violates this

5.The annual entrance permit may only be used on vehicles registered to the owner of the permit as listed on the department's annual vehicle permit log. Any person who violates this

6.Daily vehicle permits used for day use activity expire at ten p.m. on the day of purchase. Any

February 1, 2018.

History

• History: Effective September 1, 1987; amended effective July 1, 1992; April 1, 2006; May 1, 2011;
• Law Implemented: NDCC 55-08-01.3, 55-08-04, 55-08-05, 55-08-06

N.D. Admin. Code 58-02-08-14 Closed areas and closing hours

1.No person may enter or use a campsite or other area which is closed to public use. Any

2.No person may be admitted or allowed to remain in any state park after the designated closing hour except for the purpose of camping, dormitory, and cabin rentals, unless the person has written permission from the park manager. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-15 Hunting and harassing wildlife

1.No person may hunt, trap, pursue, catch, or kill any wild bird or wild animal in a state park unless specifically allowed by the director or by proclamation. Any person who violates this subsection is guilty of a noncriminal offense.

2.When hunting is permitted in a state park, no person may hunt in areas closed to hunting. Any

3.Special restrictions may be set by the park manager for hunting within a state park. Any violation of those special restrictions may result in loss of hunting privileges or payment of the fine indicated, or both. Any person who violates this subsection is guilty of a class 2

History

• History: Effective September 1, 1987; amended effective May 1, 2011.
• Law Implemented: NDCC 55-08-01.3, 55-08-04

N.D. Admin. Code 58-02-08-16 Metal detectors

No person may use any device for the purpose of locating or removing any metallic object or any other objects of value from a state park. Exceptions may be made by the director for approved archaeological surveys or law enforcement personnel. Use of a metal detector to find a lost item may be allowed under the direct supervision of park staff. Any person who violates this subsection is guilty of

The operation of any unmanned aircraft system for hobby, recreation, or commercial purposes within any lands owned, leased, or managed by the department is prohibited unless authorized by the director or deputy director. Any person who violates this subsection is guilty of a class 2 noncriminal

History

• History: Effective September 1, 1987; amended effective April 1, 2006; May 1, 2011. 58-02-08-16.1. Unmanned aircraft systems.
• History: Effective February 1, 2018.

N.D. Admin. Code 58-02-08-17 Advertising, special events, and authorized concession operations

1.No person may erect, post, or hand out any sign, notice, or literature, or solicit signatures for a petition unless prior authorization is obtained from the park manager. Any person who violates

2.No organization or group may hold any event that charges an admission or registration on lands owned or leased by the department without prior permission from the director. Any

3.No person, firm, or corporation may operate any concessions, business, enterprise, or sell personal property in a state park without prior permission from the director. Any person who violates this subsection is guilty of a class 1 noncriminal offense.

History

• History: Effective September 1, 1987; amended effective May 1, 2011.

N.D. Admin. Code 58-02-08-18 Swimming areas, boat ramps, and marinas

Any person swimming in a state park swimming area or area under the control of or operated by the department shall do so at the person's own risk.

1.No person may swim at a state park, except within designated swimming areas. Any person

2.It is unlawful in a state park designated swimming area:

a.To possess glass containers. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

b.To use the beach or designated swimming area between one-half hour after sunset and seven a.m. Any person who violates this subsection is guilty of a class 2 noncriminal

c.To enter with any boat, canoe, or raft. Any person who violates this subsection is guilty of

d.To fish. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

e.To engage in any hazardous activity which could cause injury to others. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

f.To use any soap, detergent, or shampoo. Any person who violates this subsection is

g.To change clothes except in structures that may be provided by the park for that purpose.

Any person who violates this subsection is guilty of a class 3 noncriminal offense.

3.Swimming is not allowed in state parks by children under the age of twelve years, unless they are supervised by a person eighteen years of age or older. Any person who violates this

4.No person may give or transmit a false signal or alarm of drowning. Any person who violates this subsection is guilty of a class 1 noncriminal offense.

5.Any person using any designated beach, designated swimming area, boat ramp, or marina shall obey all posted rules and instructions given by rangers or other state park employees.

Any person who violates this subsection is guilty of a class 2 noncriminal offense.

6.All watercraft operating in state park marinas or near boat ramps must be restricted to idle speed. Any person who violates this subsection is guilty of a class 2 noncriminal offense.

7.No person may fish off courtesy docks located on boat launching ramps. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

8.No person may park or leave any watercraft, unattended, on courtesy docks located on boat launching ramps unless retrieving or parking the towing vehicle. Any person who violates this

9.Bicycles, skateboards, or any similar equipment are prohibited on courtesy docks. Any person

May 1, 2011; February 1, 2018.

History

• History: Effective September 1, 1987; amended effective July 1, 1992; February 1, 1996; April 1, 2006;
• Law Implemented: NDCC 55-08-01.3, 55-08-04

N.D. Admin. Code 58-02-08-19 Operation of a snowmobile or off-highway vehicle within right of way of a road, street, or highway within a state park or on trails maintained by the director of parks and recreation which cross or run parallel to roads, streets, or highways

When a snowmobile or off-highway vehicle operated within a state park or on a trail maintained by the director of parks and recreation is making a direct crossing of a street or highway as allowed by North Dakota Century Code section 39-24-09 or 39-29-09 or is operated upon the roadway, shoulder, or inside bank or slope of any road, street, or highway under those emergency circumstances allowed by North Dakota Century Code chapter 39-24 or 39-29, or is otherwise operated within the right of way of any road, street, or highway, the rules and laws adopted or applied by the director of the department of transportation defining the operation of a vehicle in a negligent, reckless, or hazardous manner shall be applied to snowmobiles operating within the right of way of any such road, street, or highway. In all other cases, the rules and laws adopted or applied by the director of the department of transportation defining the operation of a vehicle in a negligent, reckless, or hazardous manner shall be used as an aid to interpreting and applying these rules.

History

• History: Effective February 1, 1998; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-20 Snowmobile registration - Title certificate - General requirements

1.Except as hereinafter provided, no person may operate any snowmobile unless the snowmobile has been registered in accordance with the provisions of this chapter. Any snowmobile purchased after July 1, 1973, must be titled under the provisions of chapter 39-05 in order to be operated under the provisions of this section. A snowmobile purchased prior to July 1, 1973, may be titled under the provisions of chapter 39-05. Any person who violates this

2.Any out-of-state or out-of-country snowmobile operated on public lands must have in possession an out-of-state public lands and trails access permit. Any person who violates this

History

• History: Effective February 1, 1998; amended effective April 1, 2006; May 1, 2011.
• Law Implemented: NDCC 39-24-02, 39-24-08(3), 55-08-01.3

N.D. Admin. Code 58-02-08-21 Rules of operation of a snowmobile

It is unlawful for any person to drive or operate any snowmobile in the following ways which are declared to be unsafe and a public nuisance:

1.At a rate of speed greater than reasonable or proper under all the surrounding circumstances.

Any person who violates this subsection is guilty of a class 3 noncriminal offense.

2.In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property. Any person who violates this subsection is guilty of a class B misdemeanor.

3.While under the influence of intoxicating liquor or a drug as defined in North Dakota Century Code section 39-24.1-01, or a combination thereof. Any person who violates this subsection is guilty of a noncriminal offense.

4.Without a lighted headlamp and tail lamp when required for safety. Any person who violates

5.In any tree nursery or planting in a manner which damages or destroys growing stock. Any

6.Without a manufacturer-installed or equivalent muffler in good working order and connected to the snowmobile exhaust system. Any person who violates this subsection is guilty of a class 3

7.Upon any private land where the private land is posted by the owner or tenant prohibiting trespassing. The name of the person posting the land must appear on each sign in legible characters. The posted signs must be readable from the outside of the land and must be placed conspicuously at a distance of not more than eight hundred eighty yards [804.68 meters] apart, provided further that as to land entirely enclosed by a fence or other enclosure, posting of signs at or on all gates through the fence or enclosure constitutes a posting of all the enclosed lands. Any person who violates this subsection is guilty of a class B

History

• History: Effective February 1, 1998; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-22 License or permit requirement for operation of a snowmobile

It is unlawful for any person to operate a snowmobile pursuant to North Dakota Century Code

chapter 39-24 without having in possession a valid driver's license, except as provided by North Dakota Century Code section 39-24-09.1. Any person who violates this subsection is guilty of a class 3

History

• History: Effective February 1, 1998; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-23 Towing or pulling with a snowmobile

No snowmobile may be operated at any time within the right of way of any highway within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or other vehicle is connected to the snowmobile by a hinged swivel and secure hitch. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

History

• History: Effective February 1, 1998; amended effective April 1, 2006; May 1, 2011.

N.D. Admin. Code 58-02-08-24 Helmet requirements on a snowmobile

No person under the age of eighteen years may operate, ride, or otherwise be propelled on a snowmobile unless the person wears a safety helmet meeting United States department of transportation standards. Any person who violates this section is guilty of a class 3 noncriminal offense.

N.D. Admin. Code 58-02-08-25 Liability insurance requirements when operating a snowmobile

A person may not operate a snowmobile, and an owner of a snowmobile may not knowingly permit the snowmobile to be operated, upon any property maintained, leased, or owned by the state parks and recreation department to which the public has a right of access for snowmobile or other vehicular use, without a policy of liability insurance which insures the person named, and any person using the snowmobile with the express or implied permission of the person named, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the snowmobile within this state, subject to the following limits, exclusive of interest and costs, with respect to each snowmobile: twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident. Upon request of a law enforcement officer, a person operating a snowmobile shall provide proof of liability insurance to that officer within twenty days. Any person who violates this section is guilty of a class 1 noncriminal offense.

N.D. Admin. Code 58-02-08-26 Age requirements for snowmobile operation

An individual ten years of age and over may not operate a snowmobile unless the individual is in possession of a valid driver's license, operates the snowmobile on private land, or the individual has completed a snowmobile safety training course as prescribed by the director of the parks and recreation department pursuant to North Dakota Century Code chapter 28-32 and has received the appropriate snowmobile safety certificate issued by the director of the parks and recreation department.

In addition, an individual aged ten or eleven must be in the presence of a parent or guardian pursuant to North Dakota Century Code chapter 30.1-27. The failure of an operator to exhibit a snowmobile safety certificate upon demand to any official authorized to enforce this chapter is presumptive evidence that the individual is not the holder of the certificate. Any person who violates this section is

History

• History: Effective May 1, 2011; amended effective February 1, 2018.

N.D. Admin. Code 58-02-08-27 Off-highway vehicle registration

Except as provided in this chapter, an individual may not operate an off-highway vehicle unless it has been registered under North Dakota Century Code section 39-29-02. Any person who violates this

section is guilty of a class 2 noncriminal offense.

History

• Law Implemented: NDCC 39-29-08(3), 39-29-02, 55-08-01.3

N.D. Admin. Code 58-02-08-28 Rules of operation of an off-highway vehicle

An individual may not operate an off-highway vehicle in the following ways, which are declared to be unsafe and a public nuisance:

1.At a rate of speed greater than reasonable or proper under all the surrounding circumstances.

Any person who violates this subsection is guilty of a class 3 noncriminal offense.

2.In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another person. Any person who violates this subsection is guilty of a class B misdemeanor.

3.While under the influence of intoxicating liquor or a controlled substance. Any person who violates this subsection is guilty of a class B misdemeanor.

4.Without a lighted headlamp and tail lamp except when used by an off-highway vehicle instructor during a certified off-highway vehicle safety training course. Any person who violates

5.In any tree nursery or planting in a manner that damages growing stock. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

6.Without a manufacturer-installed or equivalent muffler in good working order and connected to the off-highway vehicle's exhaust system. Any person who violates this subsection is guilty of a class 3 noncriminal offense.

7.On any private land where the private land is posted prohibiting trespassing. The name and address of the person posting the land and the date of posting must appear on each sign in legible characters. The posted signs must be readable from outside the land and be placed conspicuously at a distance of not more than eight hundred eighty yards [804.68 meters] apart. Land entirely enclosed by a fence or other enclosure is sufficiently posted by posting of these signs at or on all gates through the fence or enclosure. Any person who violates this subsection is guilty of a class B misdemeanor.

N.D. Admin. Code 58-02-08-29 License or permit requirement for operation of an off-highway vehicle

Except as provided in North Dakota Century Code section 39-29-10, an individual may not operate an off-highway vehicle without having in possession a valid driver's license or permit. Any person who violates this section is guilty of a class 3 noncriminal offense.

N.D. Admin. Code 58-02-08-30 Helmet requirements on an off-highway vehicle

An individual under the age of eighteen years may not operate, ride, or otherwise be propelled on an off-highway vehicle unless the person wears a safety helmet meeting United States department of transportation standards. Any person who violates this section is guilty of a class 3 noncriminal offense.

N.D. Admin. Code 58-02-08-31 Liability insurance requirements for operation of an off-highway vehicle

A person may not drive, or the owner may not cause or knowingly permit to be driven, a motor vehicle in this state without a valid policy of liability insurance in effect in order to respond in damages for liability arising out of the ownership, maintenance, or use of that motor vehicle in the amount required by North Dakota Century Code chapter 39-16.1. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred fifty dollar fee.

History

• Law Implemented: NDCC 39-08-20, 39-29-08(3), 55-08-01.3

N.D. Admin. Code 58-02-08-32 Age requirements for operation of an off-highway vehicle

Except as otherwise provided in this section, an individual under sixteen years of age who is not in possession of a valid operator's license or permit to operate an off-highway vehicle may not operate an off-highway vehicle, except upon the lands of the individual's parent or guardian or as a participant in an organized sporting event that involves the use of off-highway vehicles. An individual at least twelve years of age may operate an off-highway vehicle if the individual has completed an off-highway vehicle safety training course prescribed by the director of the parks and recreation department and has received the appropriate off-highway vehicle safety certificate issued by the director of the department of transportation. The failure of an operator to exhibit an off-highway vehicle safety certificate on demand to any official authorized to enforce this chapter is presumptive evidence that that person does not hold a certificate. Fees collected from each individual receiving certification must be deposited in the off-highway vehicle trail tax fund for off-highway vehicle safety education and training programs.

Any person who violates this section is guilty of a class 3 noncriminal offense.

N.D. Admin. Code 58-02-08-33 Careless operation of a snowmobile or off-highway vehicle

A snowmobile or off-highway vehicle is operated in a negligent manner when it is operated at a speed greater than is reasonable or proper under all the surrounding circumstances, when it is operated with want of ordinary care and diligence under all the surrounding circumstances, or when it is operated in a way that is not reasonable or prudent under the conditions or without regard to the actual or potential hazards then existing. Any person who violates this section is guilty of a class B

N.D. Admin. Code 58-02-08-34 Reckless operation of a snowmobile or off-highway vehicle

A snowmobile or off-highway vehicle is operated in a reckless manner when it is operated recklessly in disregard of the rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another. Any person who violates this section is guilty of a class B misdemeanor.

N.D. Admin. Code 58-02-08-35 Negligent operation of a snowmobile or off-highway vehicle

A snowmobile or off-highway vehicle is operated in a negligent manner when it is operated at a speed greater than is reasonable or proper under all the surrounding circumstances, when it is operated with want of ordinary care and diligence under all the surrounding circumstances, or when it is operated in a way that is not reasonable or prudent under the conditions or without regard to the actual or potential hazards then existing. Any person who violates this section is guilty of a class B

N.D. Admin. Code 58-02-08-36 Authority - Snowmobile and off-highway vehicle use

The director of the parks and recreation department adopts sections 58-02-08-19 through 58-02-08-35 to regulate the use of snowmobiles and off-highway vehicles in state parks; on trails maintained, leased, or owned by the state parks and recreation department; or on other land owned, leased, or otherwise administered by the director, for the protection and care of all persons and property owners affected by that use. Penalties for violating sections 58-02-08-19 through 58-02-08-35 shall be as otherwise provided by law.

Article 58-03 Land and Water Conservation Fund

Chapter 58-03-01 Guidelines for Federal Assistance for Outdoor Recreation

N.D. Admin. Code 58-03-01-01 Preapplication procedure for land and water conservation funds

A preapplication form and brochure is available to determine sponsorship and project eligibility.

History

• General Authority: NDCC 55-08-01.3
• Law Implemented: NDCC 55-08-01.3, 55-08-03.1

N.D. Admin. Code 58-03-01-02 Application procedure for land and water conservation funds

After approval of sponsorship and project eligibility, a booklet is provided listing the required federal forms and information.

History

• General Authority: NDCC 55-08-01.3
• Law Implemented: NDCC 55-08-01.3, 55-08-03.1