# NDCC 49-02-01.2 Pipeline safety - Public service commission jurisdiction - Hazardous facility orders

**Citation:** NDCC 49-02-01.2  
**Type / status:** regulation / current  
**Agency:** North Dakota Legislative Assembly  
**Effective:** Not stated  
**Published:** Not stated

North Dakota's pipeline-safety enabling statute and hazardous-facility corrective-order authority.

## Document text

49-02-01.2. Pipeline safety - Public service commission jurisdiction - Hazardous facility orders.

1. The commission, by rule, may establish and enforce minimum safety standards for the design, construction, and operation of gas distribution facilities and intrastate pipeline facilities used for the distribution and intrastate transportation of gas, liquefied natural gas, or hazardous liquids, regardless of whether they are owned or operated by a public utility, in order to ensure the reasonable safety thereof. Any rule issued under this section affecting the design, installation, construction, initial inspection, and initial testing is not applicable to pipeline facilities in existence on the date such rule is adopted. Such rules may not be more stringent than the corresponding federal regulations applicable to interstate pipelines and related facilities.

2. If the commission determines that a pipeline facility is hazardous to life or property, it may issue an order requiring the operator of the facility to take corrective action. The commission may issue such an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order.

## Provenance

- Official: Yes
- Source: <https://ndlegis.gov/cencode/t49c02.pdf>
- Source ID: `nd-pipeline-safety`
- SHA-256: `5224bb63c866261e258f90008af5b5eb87291101c30af010bb95bdfbbb1b2b5b`
- Retrieved: 2026-08-20T11:09:00.078Z
- Exported: 2026-08-22T14:37:52.421Z
- Document slug: `nd-ndcc-49-02-01-2`

### Source metadata

```json
{
  "jurisdiction": "US-ND",
  "state": "North Dakota",
  "exactScope": "This corpus is the complete current text of the dedicated North Dakota pipeline-safety chapter, NDAC 69-09-03, plus its specifically identified enabling and hazardous-facility statute, NDCC 49-02-01.2. It is not a claim to all North Dakota pipeline law, including siting, one-call damage prevention, common-carrier, utility-service, tax, environmental, Industrial Commission, federal, local, docket, tariff, or order material.",
  "applicabilityCaveat": "NDAC 69-09-03 addresses pipeline facilities used for intrastate distribution and transmission of natural and other gas, LNG, or hazardous liquids, subject to NDCC 49-02-01.2 and each incorporated federal part. The PSC states that North Dakota has certified for intrastate natural gas, propane and other gas, and LNG facilities, but has not submitted a hazardous-liquid pipeline-safety certification. Hazardous-liquid facilities therefore require separate federal/state jurisdiction analysis; inclusion of the rule text is not a claim that the PSC currently exercises PHMSA-certified hazardous-liquid enforcement authority.",
  "incorporationCaveat": "NDAC 69-09-03-02 adopts 49 CFR Parts 190, 191, 192, 193, 194, 195, and 199 as in effect September 6, 2023. This is a dated incorporation. The connector records links and the stated edition but does not silently substitute later federal text, reproduce incorporated material, or determine the effect of later federal amendments.",
  "publicationCaveat": "The North Dakota Legislative Council publishes the consolidated Administrative Code and Century Code sources used here. Its Administrative Code is updated quarterly. The latest official supplement inventory observed is Supplement 400 (July 2026), and that supplement contains no Title 69 or Public Service Commission amendments. Retrieval and HTTP modification dates are provenance, not legal effective dates; rule timeline events come only from dates expressly labeled effective in the official chapter.",
  "rights": "Official North Dakota Legislative Council and Public Service Commission legal and explanatory materials are retained with attribution and SHA-256 provenance. Public availability does not resolve rights in site presentation, seals, agency marks, brochures, forms, linked materials, or incorporated federal or third-party works; downstream redistribution requires separate review.",
  "rightsReviewRequired": true,
  "publicationObservedOn": "2026-08-20",
  "latestSupplement": {
    "number": 400,
    "month": "July 2026",
    "pages": 323
  },
  "layer": "statute",
  "title": 49,
  "chapter": "49-02",
  "section": "49-02-01.2",
  "historyCaveat": "The current official chapter PDF does not append an expressly labeled effective-date history to this section, so this connector emits no statute timeline event.",
  "references": [
    {
      "citation": "NDAC 69-09-03",
      "referenceType": "state-administrative-rule",
      "url": "https://ndlegis.gov/information/acdata/pdf/69-09-03.pdf"
    }
  ],
  "region": "ND"
}
```