According to North Dakota Century Code (N.D.C.C.) Chapter 4.1-37-03, any bulk facility with a capacity of 6,000 gallons or more of anhydrous ammonia and which is owned or operated by a user or vendor of anhydrous must hold an anhydrous ammonia license. The license is valid indefinitely, but may not be transferred. When an anhydrous ammonia storage facility changes ownership, the new owner must obtain a license.

This checklist is intended to be utilized by those entities who wish to apply for an anhydrous ammonia facility license from the North Dakota Department of Agriculture (NDDA).

Step 1: Applicant Completes and Submits the Application Package

1.____ Complete and sign the application for anhydrous ammonia license (SFN 18768) listed under "Forms" below. *May also apply online at 

2.____ Prepare two sets of drawings or photographs of the proposed site with tank location(s) and surroundings in all directions as stated in N.D.C.C 4.1-37-03.

3.____ Prepare two signed affidavits stating that the facility has been measured and how it complies with the siting requirements found in N.D.C.C 4.1-37-03.

4.____ Send the application package (Item 1 through 3), along with the license fee* to the North Dakota Department of Agriculture at the following address:

North Dakota Department of Agriculture, 600 E Boulevard Ave, Dept 602, Bismarck, ND 58505-0020

*Note: the license fee is $25 for a facility intended for one's private use. The fee for each retail storage facility is $100. Note that anhydrous ammonia retailers also require a fertilizer distributor's license (SFN 17990) per N.D.C.C. 4.1-37-04.

Step 2: NDDA Performs Initial Review of Application

Step 3: NDDA Contacts Local Officials for Their Review and Approval

N.D.C.C. 4.1-37-03 requires that all anhydrous ammonia license applications be approved by the board of county commissioners in the county where the facility is to be located. If the facility is to be located within city limits, approval must also be granted by the city. Therefore, upon receipt of the anhydrous ammonia application package, the NDDA will contact applicable local officials to discuss their roles in the process, as well as to provide them with a copy of the application, site drawings and photographs, and the affidavit.

If the county commission approves the facility, the chair of the county commission will sign the application for anhydrous ammonia license (SFN 18768) and return it to the NDDA.

Step 4: NDDA Conducts Initial Inspection

Upon receipt of a signed application for anhydrous ammonia license from the county commission, the NDDA will schedule and conduct an initial inspection of the facility. The Department will verify that the facility complies will all necessary siting and engineering requirements.

Step 5: NDDA Issues the LicenseAfter the ND Insurance Department verifies that the facility complies with all necessary siting and engineering requirements, the NDDA will issue the anhydrous ammonia license and provide written notification to the applicant. The NDDA will also notify the Insurance Department that the license has been approved. At this point, the facility is free to begin storing and distributing anhydrous ammonia.

Checklist for Obtaining an Anhydrous Ammonia License Contacts

Eric Delzer

Pesticide and Fertilizer Division Director