North Dakota Energy regulations & environmental compliance analysis

North Dakota Energy: What you need to know

Governing Law and Regulations

Renewable energy:

For a Limited Time receive a FREE EHS Report "Recordkeeping for EHS Managers." This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA's Hazard Communication Standard. Download Now

Renewable energy portfolio standard: North Dakota Century Code (NDCC) 49-02-28 and North Dakota Administrative Code (NDAC) 69-09-08

Hydraulic fracturing: NDCC 38-08-25

Regulatory Agencies

North Dakota Department of Commerce

North Dakota Department of Mineral Resources Oil and Gas Division

North Dakota Public Service Commission

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Comparison: State vs. Federal

Rules. To date, the federal government’s involvement in renewable energy programs has been limited to voluntary programs and providing financial incentives for renewable energy generation. However, North Dakota state legislation has established a voluntary renewable energy portfolio standard.

Hydraulic fracturing has been designated by law as an acceptable oil and gas recovery process in the state. See the national section ENERGY for more information on the regulation of hydraulic fracturing.

Administration and enforcement. The North Dakota Department of Commerce and the North Dakota Public Service Commission administer the state’s renewable energy portfolio standard. The Department of Mineral Resources’ Oil and Gas Division oversees oil and gas activities, including hydraulic fracturing, in the state.

State Requirements


Renewable Energy Portfolio Standard

NDCC 49-02-28 and NDAC 69-09-08

North Dakota has established a voluntary objective that 10 percent of retail energy sales be from renewable energy resources by 2015. Eligible forms of renewable energy include:

  • Solar;
  • Wind;
  • Hydroelectric;
  • Biomass, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, and landfill gas;
  • Geothermal;
  • Recycled energy systems’ currently unused waste heat resulting from combustion or other processes;

Read more about Energy