North Dakota Well Driller Compliance Guide

North Dakota requires a certified contractor in charge of commercial well work under NDCC 61-03-27 / NDAC 90-02-02; work on one's own premises for one's own use is exempt (ND DWR).

License Types & Fees

Exam Schedule & Process

• Exams offered quarterly (Feb/May/Aug/Nov)(ND DWR)
• Submit application (SFN 60296) with $100 exam fee
• DWR notifies applicants 10 days before exam date
• Upon passing: file surety bond and pay initial certificate fee
• DWR may offer combined driller/pump installer exam (NDAC 90-02-01)

Continuing Education (CE)

License Renewal

Certificates valid 1 calendar year (expire Dec 31 of issuance year) (NDCC 61-03-27). Renew before April 1 following expiration with completed form (SFN 61149 or 60271), annual fee, and updated bond. Applications received on or after April 1 are no longer eligible for renewal.

Well Driller's Report Requirements

By law, the certified contractor must submit the completed SFN 60273 to DWR within 30 days of finishing or abandoning a well (ND DWR). The report must document:

• Depth and diameter of each casing/liner
• Grouting intervals and materials
• Formations penetrated (geologic log)
• Static water level
• Pump test data (if conducted)
• Construction details per NDAC 33.1-18-01 (Cornell Law)

Record Retention

Contractors must maintain detailed drilling logs and copies of each well report. While ND law does not specify retention duration, industry practice is to retain records indefinitely for future reference or regulatory review.

North Dakota's mandatory construction standards are in the Water Well Construction Rules (NDAC 33.1-18-01) (ND DEQ).

Casing Materials

All casing joints must be welded or threaded (NDAC 33.1-18-01-06). Drive shoes required on driven casings. Screen materials must be corrosion-resistant and designed (slot size and length) per formation sand size.

Grouting/Sealing

• Annulus between casing and borehole must be sealed with cement- or bentonite-based grout (NDAC 33.1-18-01-06)
• Neat portland cement grout: ≈1 sack to ≤6 gal water (standard)
• High-solids bentonite grout: ≥3 lb bentonite per gallon allowed
• Bentonite drilling muds cannot be used as grout
• General rule: grout from at least 30 ft to surface; shallow wells, unconsolidated formations without confining beds and static water less than 30 ft below ground, and driven casing when conditions warrant have specific exceptions under NDAC 33.1-18-01-05(1). The within-20-ft-of-aquifer-top rule applies to flowing wells.
• Grout must fill annulus via bottom-up placement in one continuous operation (no voids), maintaining ≥1½″ thickness around casing, unless the department approves otherwise; grout may end at the upper casing end for a pitless unit or adapter
• Weld grout guides on casing if needed for good flow

Well Depth & Plumbness

• Casing must project ≥12″ above final ground or floor(NDAC 33.1-18-01-06)
• ≥2 ft above flood level if flood-prone
• After construction: well must be bowed <2/3 of diameter per 100 ft (plumbness standard)

Setback Requirements

ND rules require locating wells to protect water quality per NDAC 33.1-18-01-04/05. While the code does not explicitly list all distances, typical guidance (based on EPA/ND guidelines):

Disinfection

Upon completion or repair, the well and distribution system must be thoroughly chlorinated. ND guidelines specify immediately treating the freshly installed well with 50–100 mg/L chlorine solution (about 1 gal bleach per 1,000 gal water) (NDAC 33.1-18-01 Appendix). For surface-water or highly turbid water, use 100 mg/L. The chlorinated mix is pumped through the well and plumbing, soaked 24 hr, then flushed.

The driller or installer must advise the owner to submit a bacteriological water sample for lab testing (NDAC 33.1-18-01-06). Wells intended for public supply must also be tested for other contaminants (arsenic, nitrate, etc.) to meet ND drinking-water standards.

Domestic Wells

No separate state "drill permit" is required for a typical private domestic well. The contractor must file a Well Driller's Report (SFN 60273) after work is done (ND DWR). This report also serves as "notification" of construction/abandonment.

High-Capacity (Appropriation) Permits

North Dakota law (NDCC 61-04-02) requires a water-use permit for any industrial use, irrigation of 5 acres or more, or domestic/municipal/public/livestock/fish and wildlife/recreational use exceeding 12.5 acre-feet per year(ND DWR). This means most irrigation wells, municipal wells, or industrial wells must get a permit from the State Water Commission (DWR).

• NDCC 61-04-02 excepts reuse of fossil byproduct water from the volume-based permit trigger.
• Conditional (long-term) permit: Use SFN 60157. Fees: $500 municipal/public or irrigation; $250 industrial up to 1 acre-foot, $1,000 industrial over 1 acre-foot; $100 recreation/livestock/fish and wildlife (ND DWR)
• Temporary permit (<1 year): Use SFN 60158. Fees: $75–$200 by volume

Special Permits

• Geothermal (GSHP) drilling: Closed-loop geothermal boreholes require an State Geologist permit under NDCC 38-19 and NDAC 43-02-07 (ND DMR). Contact ND Dept. of Mineral Resources (701-328-8000). A DWR license is still required to do the drilling.
• Monitoring wells: No special state drilling permit beyond DWR licensing. Installation must follow NDAC 33.1-18-02 (ND monitoring-well construction rules). If pumping large volumes, may need water-use permit.

Geology & Aquifers

ND's geology varies from east to west. In eastern and central ND, thick glacial drift(sands, gravels, clays deposited by glaciers and glacial lakes) is the predominant aquifer. These coarse beds (often <100 ft below ground) supply shallow wells. Beneath the drift lie sedimentary bedrock aquifers. The best-known is the Cretaceous Dakota Sandstone (an artesian aquifer under much of the state) (ND Geological Survey). It underlies all of ND (semi-confined by overlying shales in much of the state), and in the Red River Valley (east), it can flow under artesian pressure through breaches in the caprock.

In west/southwestern ND (Missouri Plateau, Williston Basin), drift is thinner; water comes mostly from bedrock aquifers (e.g. Cambrian-Ordovician sandstones/carbonates or the Dakota). Alluvial aquifers exist along major rivers statewide (e.g. Missouri, Knife, Sheyenne rivers).

Common Drilling Challenges

Typical Well Depths

• Shallow domestic wells (in drift terrains): Often 30–150 ft deep
• Deeper domestic/irrigation wells (glacial regions): 200–500 ft
• Southeastern ND (Dakota aquifer): Wells often 300–800 ft (some deeper for good artesian flux)
• Western ND bedrock wells: Frequently exceed 1,000 ft (reaching sandstone/carbonate layers)
• Major aquifers (Dakota, Madison, Fox Hills, etc.): Several hundred feet to >2,000 ft in the deepest western wells

Arsenic Advisories

Certain ND regions have known groundwater arsenic (e.g. some eastern glacial sands and the Dakota aquifer can exceed the 10 µg/L drinking-water limit). There is no special state casing requirement beyond standard sanitary seals, but drillers should warn well owners that arsenic testing is recommended. Public water systems must treat or avoid arsenic above standard (ND Primary Drinking Water Standards).

Other Contamination Zones

ND has localized Groundwater Protection Areas (e.g. around landfills or fertilizer plants), but no statewide "superfund" drilling rules. Nitrate/nitrite contamination is common in agricultural areas (due to fertilizer/animal wastes). Historical mining or oilfield sites may contaminate shallow aquifers (e.g. brine-withdrawal areas). Drillers should be aware of local contamination sites and follow Source Water Protection restrictions.

Wellhead Protection

The ND Dept. of Health/DEQ administers a Source Water Protection program. For each public-well system, a Wellhead Protection Area (WHPA) is delineated (usually a multi-year time-of-travel zone or fixed radius). Drillers working near community wells should know if a well lies within a WHPA. Within WHPAs, ND restricts pollutant sources (e.g. spills, sub-surface injection). See ND DEQ Source Water Protection resources for maps and guidelines.

Key Regulatory References

• NDCC Chapter 61-03 – Water Well Contractors licensing (§61-03-27: commercial certification and own-premises/own-use exceptions)
• NDAC 33.1-18-01 – Water Well Construction Rules (casing, grouting, disinfection standards)
• NDAC 90-01/90-02 – DWR contractor licensing rules (NDAC 90-01/90-02) (licensing exams, applications)
• Well Driller's Report (SFN 60273) – Required form filed for each new well (NDWR)
• Conditional Water Permit (SFN 60157) – For high-capacity wells (>12.5 acre-ft/yr)

Key Forms

• SFN 60296: Exam application
• SFN 60273: Well Driller's Report (Well Log)
• SFN 61149: License renewal (drillers/geothermal/monitoring)
• SFN 60271: License renewal (pump installers)
• SFN 60157: Conditional Water Permit Application (high-capacity wells)
• SFN 60158: Temporary Water Permit (short-term uses)