North Dakota Code 43-36-01 – Definitions
Unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 43-36-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Board” means the state board of registration for professional soil classifiers hereinafter provided in this chapter.
2. “Kind of soil” is a group of natural bodies that has a discrete combination of landscape, morphological, chemical, and physical properties.
3. “Practice of soil classifying and practice of professional soil classifying” means any service or work the adequate performance of which requires education in the physical, chemical, biological, and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification, the soil classification by accepted principles and methods, investigation, evaluation, and consultation on the effect of measured, observed, and inferred soil properties upon the various uses, the preparation of soil descriptions, maps and reports and interpretive drawings, maps and reports of soil properties and the effect of soil properties upon the various uses, and the effect of the various uses upon kinds of soil, any of which embraces such service or work either public or private incidental to the practice of soil classifying.
A person must be construed to practice or offer to practice soil classifying within the meaning and intent of this chapter who by verbal claim, sign, advertisement, letterhead, card, or use of some other title represents that the person is a soil classifier, but does not mean or include the practice of soil classifying by persons exempt under the provisions of section 43-36-24 nor the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Notwithstanding the foregoing provisions, a person may not be construed to practice soil classifying unless the person offers soil classifying services to or performs such soil classifying for the public.
4. “Professional soil classifier” means a person who by reason of that person’s special knowledge of the physical, chemical, and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired by soils education and soil classification experience in the formation, morphology, description, and mapping of soils is qualified to practice soil classifying and who has been duly registered by the state board of registration for professional soil classifiers.
5. “Responsible charge” means direct control and personal supervision of soil classification.
6. “Soil” is all of the groups of natural bodies occupying the unconsolidated portion of the earth’s surface capable of supporting plant life and having properties due to the combined effect of climate and living organisms, as modified by topography and time, upon parent materials.
7. “Soil classification” is plotting the boundaries, describing and evaluating the kinds of soil as to their behavior and response to management under the various uses.
8. “Soil classifier” means a professional soil classifier as defined in subsection 4.
9. “Soil classifier-in-training” means a person who complies with the requirements for education and character and who has passed an examination in the fundamental soil and related subjects as provided for in sections 43-36-10, 43-36-11, 43-36-12, and 43-36-13.