reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-07 - Right of entry

Current through Supplement No. 393, July, 2024
The department may enter the land subject to the surface land
				  lease at any time without notice for the purpose of inspecting the land and
				  improvements.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-08 - Surface land lease termination

Current through Supplement No. 393, July, 2024
1. Failure
				to comply with the surface land lease terms, board rules and policies, and
				applicable laws may result in surface land lease termination by the
				commissioner. Before a surface land lease is terminated, the department
				personally shall serve the lessee with the notice of intent to terminate the
				surface land lease specifying the reason for termination.
2. A lessee may file with the department a
				written request for waiver of the notice of intent to terminate the surface
				land lease, which must include a statement of the specific grounds for the
				request. A request must be filed with the department within ten business days
				after service on the lessee of the notice of intent to terminate the surface
				land lease. A request for a waiver is deemed filed when personally delivered to
				or when received by the department. The commissioner may waive any breach
				except those terms required under applicable laws, or the commissioner may
				allow the lessee time to cure the breach.
3. Not less than ten business days after the
				notice of intent to terminate the surface land lease is served on the lessee,
				the commissioner may terminate the surface land lease. Surface land lease
				termination is effective upon actual delivery of a notice of termination by the
				department. The notice of termination of the surface land lease must be served
				personally, by mail requiring a signed receipt, or by overnight courier or
				delivery service requiring a signed receipt. Failure to accept mail requiring a
				signed receipt constitutes service. Termination of the surface land lease does
				not release the lessee from liability for any sum due the board or from any
				damages due.
4. When a surface land
				lease is terminated, the former lessee is ineligible to bid at a surface land
				lease auction administered by the department for a minimum of the remainder of
				the current calendar year plus three additional calendar years.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 15-07-21, 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-09 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-10 - Cost-share on surface land leased premises

Current through Supplement No. 393, July, 2024
The lessee is responsible for noxious weed and invasive
				  species and pest control on the surface land leased premises. The department
				  may participate in cost-share reimbursement, as follows:
1. Payments for state-listed noxious weed
				control costs;
2. Payments for
				county-listed noxious weed control costs; or
3. Payments for other invasive species and
				pests as allowed by the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-11 - Cost-share application

Current through Supplement No. 393, July, 2024
A lessee shall submit a request for cost-share using the
				  electronic cost-share application available on the department's website or a
				  paper application provided upon request. A lessee shall provide all information
				  specifically required by the application and any supplemental information
				  requested by the department. The amount of the cost-share must be determined by
				  the department consistent with the department's cost-share policy.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-12 - Cost-share on cropland

Current through Supplement No. 393, July, 2024
Noxious weeds and invasive species on cropland are not
				  eligible for cost-share.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-13 - Cost-share payments

Current through Supplement No. 393, July, 2024
Cost-share payments may be made upon receipt of an invoice
				  for allowable expenses.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-14 - Biological control agents

Current through Supplement No. 393, July, 2024
Use of biological control agents to control noxious weeds is
				  authorized in addition to the chemical control.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-01 - Leasing Trust Lands for Agricultural Use › Section 85-04-01-15 - Record maintenance

Current through Supplement No. 393, July, 2024
A lessee shall furnish complete and accurate information
				  concerning cultivated acres, hayland acres, noxious weed control, grazing,
				  improvements, or any other information concerning the surface land leased
				  premises when requested by the department.
General Authority:
NDCC 15-07-20,
					 28-32-02
Law Implemented:
NDCC 15-04-01, 15-07-20,
					 54-30-17.1
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-01 - Application

Current through Supplement No. 393, July, 2024
An applicant shall submit a request for a construction
				  aggregate lease, amendment, assignment, or extension using the electronic
				  application available on the department's website or a paper application
				  provided upon request. The application must clearly state whether the request
				  is for a construction aggregate lease, amendment, assignment, or extension. An
				  application submitted on any other form may not be accepted. An application fee
				  may be charged as determined by the board. Each application and construction
				  aggregate lease is limited to a maximum of one hundred sixty contiguous acres
				  [64.75 contiguous hectares] of like net construction aggregate interest. An
				  application must be made as follows:
1. Construction aggregate lease. An applicant
				shall provide all information required by the application and any supplemental
				information requested by the department. An application must designate the type
				of construction aggregate desired. An application is deemed filed and complete
				when the department receives an application, the application fee, and any
				supplemental information requested by the department.
2. Amendment. A lessee may submit a request
				for an amendment to a construction aggregate lease for a specific purpose. If
				the request for an amendment is granted, the department shall mail the
				amendment to the applicant for signature.
3. Assignment. A construction aggregate lease
				may be assigned upon written consent of the commissioner. Assignments must be
				granted by the commissioner through written notification to both the assignor
				and assignee. The commissioner may refuse to assign a construction aggregate
				lease for good cause. The assignor remains responsible for compliance of all
				construction aggregate lease terms and this chapter until the assignment is
				approved by the commissioner. Upon approval, the assignee is responsible for
				compliance with all construction aggregate lease terms and this chapter. If the
				request for an assignment is granted, the department shall mail the assignment
				to the applicant for signature.
4.
				Extension. A lessee may submit a request for an extension of a construction
				aggregate lease for up to an additional five-year term to be granted at the
				discretion of the commissioner. The department may adjust the royalty rate if
				an additional term is granted. If the request for a construction aggregate
				lease extension is granted, the department shall mail the construction
				aggregate lease extension to the applicant for signature.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-02 - Construction aggregate lease term

Current through Supplement No. 393, July, 2024
1. A
				construction aggregate lease term may not exceed five years.
2. When the lessee is a state agency or a
				political subdivision, the royalty rate must be fixed for a construction
				aggregate lease term of one year or less. For a construction aggregate lease
				term greater than one year, the royalty rate must be based on fair market value
				with an annual adjustment based on the current fair market value.
3. When the lessee is a private entity
				requesting less than five thousand cubic yards [3822.77 cubic meters] of
				construction aggregate, the term of the construction aggregate lease must be
				for one year or less.
4. A
				construction aggregate lease to any entity other than a state agency or a
				political subdivision for a term greater than one year must be offered at
				public auction.
5. When
				construction aggregate is requested for an emergency, the term of the
				construction aggregate lease may not exceed one year.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-03 - Commissioner authorization

Current through Supplement No. 393, July, 2024
1. The
				commissioner is authorized to approve and issue a construction aggregate lease
				on the board's behalf in accordance with this chapter.
2. If an application does not comply with
				this chapter, or if the commissioner determines board review is desirable, the
				application may be brought before the board for its consideration.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-04 - Notice of construction aggregate leasing

Current through Supplement No. 393, July, 2024
Upon receipt of an application for a construction aggregate
				  lease and a determination that the application covers a tract the commissioner
				  is willing to lease, the department shall post on the department's website a
				  notice of the application for construction aggregate lease, any supporting
				  documentation, and instructions for submitting public comments. Comments must
				  be received by the department no later than five p.m. central standard time
				  fourteen days after posting the notice of the application for a construction
				  aggregate lease to be considered. All comments must be in writing and contain
				  the following:
1. Name and address of
				the interested person;
2.
				Applicant's name and address;
3.
				The legal description of the proposed construction aggregate leased premises as
				shown on the published notice; and
4. A detailed statement as to whether the
				interested person supports or opposes the issuance of the construction
				aggregate lease.
Those comments must be brought to the board along with the
				  department's recommendations.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-05 - Auctioned construction aggregate leases

Current through Supplement No. 393, July, 2024
Notice of an auction must be published in the official
				  newspaper of the county where the proposed construction aggregate leased
				  premises is located and in the Bismarck Tribune. The notice must be published
				  once at least ten days prior to the day of the auction. The notice must contain
				  the legal description of the proposed construction aggregate leased premises,
				  the construction aggregate lease term, and the time and place where the auction
				  will be held. Bidding must be on a royalty per yard basis. Immediately after
				  the bidding session, comments as to whether a construction aggregate lease
				  should be issued can be presented to the department.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-06 - Use of construction aggregate leased premises

Current through Supplement No. 393, July, 2024
A lessee may use as much of the construction aggregate leased
				  premises as necessary for prospecting, mining, removal of construction
				  aggregate, and reclamation subject to the requirements of this chapter.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-07 - Advance royalties

Current through Supplement No. 393, July, 2024
1. As consideration
				for a construction aggregate lease with a term greater than one year, the
				lessee shall pay on the date a construction aggregate lease is issued an
				advance on the yearly royalty, as determined by the commissioner, but not less
				than one thousand dollars.
a. The advance
				payment is due each year in which the construction aggregate lease is in force
				and is due prior to the construction aggregate lease anniversary
				date.
b. The advance payment may be
				credited against construction aggregate mined during the term of the
				construction aggregate lease. Advance royalty payments for which a credit is
				not claimed must be forfeited.
c.
				The commissioner may adjust the advance royalty payment amount. Any adjustment
				takes effect on the anniversary date of the construction aggregate lease
				following notice to lessee.
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-08 - Royalties

Current through Supplement No. 393, July, 2024
Royalties must be received by the department by five p.m.
				  central standard time on the last business day of the calendar month following
				  sale, utilization, stockpiling, or removal from the construction aggregate
				  leased premises of the construction aggregate mined. If payment is not timely
				  received, a notice of intent to terminate the construction aggregate lease must
				  be issued. Royalties must be paid in full on any stockpiled construction
				  aggregate remaining on the construction aggregate leased premises ninety days
				  prior to the expiration of the construction aggregate lease.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-09 - Testing

Current through Supplement No. 393, July, 2024
The department may require a lessee to conduct drilling tests
				  on the construction aggregate leased premises prior to mining. If required,
				  sufficient test holes must be drilled to outline the boundaries, thickness, and
				  depth of the construction aggregate deposit and estimate the quality, quantity,
				  and type of construction aggregate located on the construction aggregate leased
				  premises. The lessee shall furnish the department a map of the construction
				  aggregate leased premises showing the boundaries of the construction aggregate
				  deposit and furnish the department a written report estimating the thickness,
				  depth, quality, quantity, and type of construction aggregate. All test holes
				  must be reclaimed to the satisfaction of the department at the conclusion of
				  testing. Failure to conduct test drilling when required or failure to furnish
				  the required information must result in a notice of intent to terminate the
				  construction aggregate lease being issued.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC
					 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-10 - Mining and reclamation plan

Current through Supplement No. 393, July, 2024
1. Prior
				to issuance of a construction aggregate lease, the department, in consultation
				with the lessee, shall develop a mining and reclamation plan for the
				commissioner's approval. Mining may not begin on the construction aggregate
				leased premises unless the mining and reclamation plan is approved by the
				commissioner.
2. The intent of the
				reclamation plan is to reclaim the construction aggregate leased premises to
				its previous potential use and productivity. The reclamation plan may be
				modified by the commissioner and the lessee shall comply with any modifications
				to the plan. If the lessee does not comply with the modified reclamation plan,
				the construction aggregate lease may be terminated.
3. The reclamation plan must indicate the
				location of the construction aggregate mining operation in relation to the
				construction aggregate deposit and a plan for the reclamation once the
				construction aggregate has been removed. The reclamation plan must include the
				leveling of the disturbed surface at the close of the construction aggregate
				mining operations to as close to its original contour as is reasonably possible
				taking into consideration the amount of construction aggregate removed, the
				preservation and respreading of topsoil, and the revegetation of the surface
				with appropriate flora.
4. Special
				reclamation plans for the propagation of wildlife habitat, the creation of a
				nature preserve, or other alternate land use may be required by the
				commissioner, provided the costs of such reclamation do not unreasonably
				increase the cost of reclamation.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-11 - Bond

Current through Supplement No. 393, July, 2024
1. Payment of all
				royalties and reclamation of any portion of the construction aggregate leased
				premises disturbed by the lessee is the responsibility of the lessee. To assure
				payment of royalties and satisfactory reclamation, the lessee must obtain and
				retain in force a surety bond, in an amount determined by the
				commissioner.
2. The lessee, in
				lieu of a surety bond, may file another form of security subject to the
				commissioner's approval.
3. The
				commissioner shall set the initial surety bond amount at a minimum of five
				thousand dollars per acre for the initial mine area, with no initial surety
				bond amount being less than ten thousand dollars.
4. The commissioner may adjust the amount of
				the surety bond annually, with the adjustment based on the estimated cost to
				reclaim the remaining disturbed site and the amount of stockpiled construction
				aggregate. If the commissioner determines an additional surety bond or other
				security is required, the lessee shall submit the additional surety bond or
				other security within thirty days after request by the commissioner as required
				by this section.
5. The lessee may
				submit a written request for a full or partial release of the surety bond to
				the commissioner. At the commissioner's discretion, the surety bond may be
				released in whole or in part.
6.
				Upon the payment of all outstanding royalties and satisfactory completion of
				the reclamation, the commissioner shall release the surety bond. The surety
				bond may be forfeited to pay outstanding royalties or to complete reclamation.
				The commissioner shall give final approval of the reclamation before the surety
				bond is released. The forfeiture of the surety bond by the lessee does not
				release the lessee of the duty and responsibility to reclaim the construction
				aggregate leased premises.
7. Upon
				written request, the commissioner may waive the bonding requirement for a
				political subdivision or other state agency.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-12 - Theft of construction aggregate

Current through Supplement No. 393, July, 2024
The lessee is responsible for the loss or theft of any
				  construction aggregate from the construction aggregate leased premises and such
				  loss or theft does not relieve the lessee from the responsibility to pay
				  royalties for the construction aggregate.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-13 - Records and inspections

Current through Supplement No. 393, July, 2024
The lessee shall keep an accurate record of the quantity,
				  quality, and type of construction aggregate mined. The department may audit,
				  examine, and copy any records as may be necessary to assure the lessee is
				  complying with all provisions of the construction aggregate lease, board rules
				  and policies, and applicable laws, and may examine all samples, logs, assays,
				  or cores. All construction aggregate mining operations and reclamation
				  operations may be inspected by the department.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-14 - Construction aggregate mining operations

Current through Supplement No. 393, July, 2024
The lessee shall conduct construction aggregate mining
				  operations in a good and workmanlike manner and in accordance with the
				  construction aggregate lease terms, board rules and policies, and applicable
				  laws, and a construction aggregate lease may be terminated by the lessor for a
				  failure to comply. The lessee shall take reasonable steps to prevent
				  construction aggregate mining operations from unnecessarily causing or
				  increasing soil erosion or drainage and damage to crops, pasture, or
				  trees.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-15 - Reserved rights and termination

Current through Supplement No. 393, July, 2024
1.
				Failure to comply with construction aggregate lease terms, board rules and
				policies, and applicable laws may result in construction aggregate lease
				termination by the commissioner. Before a construction aggregate lease is
				terminated, the department personally shall serve the lessee with the notice of
				intent to terminate construction aggregate lease specifying the reason for
				termination.
2. The lessee may file
				with the department a written request for waiver of the notice of intent to
				terminate the construction aggregate lease, which must include a statement of
				the specific grounds for the request. A request must be filed with the
				department within ten business days after service on the lessee of the notice
				of intent to terminate the construction aggregate lease. A request for a
				written waiver is deemed filed when personally delivered to or when received by
				the department. The commissioner may waive any breach except a breach in
				violation of applicable laws, or the commissioner may allow the lessee time to
				cure the breach. Termination does not release the lessee from liability for
				royalty owed the board, damages resulting from a breach of a construction
				aggregate lease term, or to reclaim the construction aggregate leased
				premises.
3. The board reserves the
				right to use, rent, lease, sell, or encumber the construction aggregate leased
				premises and reserves all historical, archaeological, and paleontological
				materials on or beneath the surface of the construction aggregate leased
				premises. Leases for the production of coal, oil and gas, uranium, potash, or
				other valuable minerals have priority over any lease for the mining of
				construction aggregate.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-16 - Board review

Current through Supplement No. 393, July, 2024
Within thirty days of a decision under these rules, an
				  aggrieved party may request the commissioner review the decision. The aggrieved
				  party seeking review shall submit any information required by the commissioner
				  as part of this request. Within thirty days of the commissioner review, the
				  aggrieved party may request board review and the commissioner shall recommend
				  if board review is warranted.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC
					 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-17 - Surrender by lessee

Current through Supplement No. 393, July, 2024
The lessee may surrender a construction aggregate lease upon
				  payment of all outstanding royalties and other debts owed the board. Surrender
				  of a construction aggregate lease does not release the lessee from its
				  responsibility to reclaim the construction aggregate leased premises.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-18 - Conditions on expiration, termination, or surrender

Current through Supplement No. 393, July, 2024
At the expiration, termination, or surrender of a
				  construction aggregate lease and, upon the completion of reclamation, unless
				  otherwise waived, the lessee shall remove its property from the construction
				  aggregate leased premises within one hundred twenty days from the date of
				  expiration, termination, surrender, or the date reclamation is completed. The
				  lessee is liable to the board for the costs of removal of any property
				  remaining on the construction aggregate leased premises after the deadline for
				  removal. If the lessee does not remove all stockpiled construction aggregate
				  from the construction aggregate leased premises by the construction aggregate
				  lease expiration, termination, or surrender date, it is considered abandoned
				  and becomes the property of the board.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-19 - Surface owner consent

Current through Supplement No. 393, July, 2024
Where the surface of the construction aggregate leased
				  premises is not managed or owned by the board, the lessee shall give the
				  surface owner a written description of the specific locations of any land
				  disturbance contemplated by the lessee, accompanied by a map, at least one
				  hundred twenty days prior to the commencement of any construction aggregate
				  mining. The lessee shall provide the department with proof of consent to mine
				  from the surface owner. If there is a change in the nature of the land
				  disturbance contemplated, an updated written description must be provided to
				  the surface owner as soon as possible.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-20 - Surface lessee protection

Current through Supplement No. 393, July, 2024
Where the surface of the construction aggregate leased
				  premises is managed or owned by the board and is leased to a person other than
				  the construction aggregate lessee, the construction aggregate lessee shall
				  restore all fences that have been damaged, moved, or removed as a result of
				  construction aggregate mining operations and shall further compensate the
				  surface lessee for any damage to or loss of other improvements owned by the
				  surface lessee.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-02 - Construction Aggregate › Section 85-04-02-21 - Protection of cultural resources

Current through Supplement No. 393, July, 2024
If any historical, archaeological, paleontological, or other
				  cultural artifacts, vestiges, or remains are found prior to, during, or after
				  any exploration, testing, production, mining, or reclamation operations on the
				  construction aggregate leased premises, the director of the state historical
				  board and the commissioner must be notified immediately and the site and the
				  materials must be protected by the lessee from further disturbance until a
				  professional examination can be made or until some other form of clearance to
				  proceed is authorized by the commissioner. Upon written request, the
				  commissioner may grant an extension of the construction aggregate lease term
				  for delays in operations caused by the requirements of this section. If no
				  further disturbance is allowed, the construction aggregate lease may be
				  terminated and the lessor shall refund to the lessee any advance royalties not
				  already credited or forfeited as provided in this chapter. The department and
				  the director of the state historical board may inspect the construction
				  aggregate leased premises at all times to determine compliance with this
				  section.
General Authority:
NDCC 15-05-18
Law Implemented:
NDCC 15-05-18,
					 55-02-07
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-03 - Permanent Improvements › Section 85-04-03-01 - Permanent and nonpermanent improvements

Current through Supplement No. 393, July, 2024
1. Permanent improvements may not be placed
				on, removed from, or applied to any surface land leased premises without the
				written consent of the commissioner. Permanent improvements placed on or
				implemented on any surface land leased premises are the property of the state
				of North Dakota.
2. A lessee may
				place nonpermanent improvements on any surface land leased premises without
				written consent of the commissioner. Upon expiration of the surface land lease,
				the lessee may remove the nonpermanent improvements within one hundred twenty
				days after the surface land lease expires. Any nonpermanent improvements not
				removed within one hundred twenty days become the property of the next lessee.
				The commissioner, upon written application from the lessee before the end of
				the one-hundred-twenty-day period, for good cause, may extend the period of
				time for removing nonpermanent improvements.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-08-26
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-03 - Permanent Improvements › Section 85-04-03-02 - Application

Current through Supplement No. 393, July, 2024
A lessee shall submit a request for a permanent improvement,
				  using the electronic application available on the department's website or a
				  paper application provided upon request. The lessee shall provide all
				  information specifically required by the application and any supplemental
				  information requested by the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-08-26
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-03 - Permanent Improvements › Section 85-04-03-03 - Rent credit, cost-share, and depreciation

Current through Supplement No. 393, July, 2024
1. Rent credits, cost-share, and depreciation
				of project costs may be authorized at the sole discretion of the
				commissioner.
2. Rent credits or
				cost-share may not exceed the approved maximum project cost as determined by
				the commissioner or the actual project cost, less reimbursements from
				nondepartment sources, whichever is lower.
3. The commissioner may depreciate project
				costs less reimbursements to the lessee from nondepartment sources and rent
				credits or cost-share from the department for a period not to exceed ten
				years.
4. Any unexpired
				depreciation amount must be available from the department before the surface
				land lease auction and must be announced at the surface land lease auction. If
				the former lessee is not the successful bidder at auction, the new lessee is
				required to compensate the former lessee for the undepreciated amount and the
				department shall continue to depreciate through the original depreciation term.
				The commissioner may cancel any undepreciated cost of constructing a permanent
				improvement if the lessee fails to offer the minimum bid for the land and the
				land is not leased at the next auction at which the land is offered, or if the
				lessee fails to comply with the conditions of the surface land lease.
5. No rent credits, cost-share, or
				depreciation for livestock water developments are allowed on surface land
				leased premises that receive an up-front livestock water deduction in
				determining the minimum bid for public auction.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-04-24,
					 15-08-26
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-03 - Permanent Improvements › Section 85-04-03-04 - General standards for a permit for a permanent improvement

Current through Supplement No. 393, July, 2024
In reviewing an application for a permit for a permanent
				  improvement, the commissioner may consider the following:
1. Financial benefit to the trusts;
2. Availability of alternate site or
				route;
3. The least environmentally
				damaging site or route;
4. Physical
				stability of the landscape;
5.
				Whether technical assistance was sought in planning the proposed permanent
				improvement;
6. Potential for
				mineral development, including oil, gas, coal, construction aggregate, sodium
				sulfate, chemical substances, metallic ore, or uranium ore;
7. Feasibility for reclamation;
8. Maintenance of existing wetlands and
				waterflows;
9. Any cultural,
				historical, archeological, and paleontological resources;
10. Habitat for federally listed threatened
				and endangered species;
11.
				Location of the proposed route or site in relation to section lines, quarter
				section lines, and corridors;
12.
				Potential liability to the trusts; and
13. Any other information relevant to the
				application which would assist in the commissioner's determination.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 15-08-26
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-03 - Permanent Improvements › Section 85-04-03-05 - Issuance of a permit for permanent improvement

Current through Supplement No. 393, July, 2024
The commissioner may determine whether to issue a permit for
				  a permanent improvement and to determine the maximum project cost, rent credit,
				  cost-share, and depreciation amounts. The commissioner may impose such terms on
				  a permit as the commissioner deems necessary. A permit must be issued prior to
				  site preparation or construction.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 15-08-26
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-01 - Application

Current through Supplement No. 393, July, 2024
An applicant shall submit a request for an encumbrance,
				  amendment, assignment, extension, or renewal using the electronic application
				  form available on the department's website or a paper application provided upon
				  request. The application must clearly state whether the request is for an
				  encumbrance, amendment, assignment, extension, or renewal. An application
				  submitted on any other form will not be accepted. An application fee may be
				  charged as determined by the board. An application must be made as
				  follows:
1. Encumbrance. An applicant
				shall provide all information required by the application form and any
				supplemental information requested by the department. An application is deemed
				filed and complete when the department receives an application form, the
				application fee, and any supplemental information requested by the
				department.
2. Amendment. An
				applicant may request an amendment to an encumbrance for a specific purpose,
				including a request to change the site location or route of a previously issued
				encumbrance. If the request for an amendment is granted, the department will
				mail the amendment to the applicant for signature.
3. Assignment. An encumbrance may not be
				assigned unless specifically authorized by the terms of the encumbrance or upon
				written consent of the commissioner. An assignment must be granted by the
				commissioner through written notification to both the assignor and assignee.
				The commissioner may refuse to assign an encumbrance for good cause. The
				assignor remains responsible for compliance with all terms of the encumbrance
				and this chapter until the assignment is approved by the commissioner. If the
				commissioner's approval is not required, the assignor is responsible for
				compliance with all terms of the encumbrance and this chapter until the
				department is notified of the assignment. Upon approval or notification, the
				assignee is responsible for compliance with all terms of the encumbrance and
				this chapter. If the request for an assignment is granted, the department shall
				mail the assignment to the applicant for signature.
4. Extension or renewal. An applicant may
				request an extension or renewal of an encumbrance for an additional term.
				Additional compensation may be requested by the department. If the request for
				an extension or renewal is granted, the department shall notify the
				applicant.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-02 - Surveying and planning permit requirements

Current through Supplement No. 393, July, 2024
1. Prior to accessing trust lands to conduct
				surveys, including metes-and-bounds, centerline, cadastral, ocular
				reconnaissance cultural resource surveys, and wetland delineations, an
				applicant shall obtain a surveying and planning permit from the department. The
				applicant shall complete an electronic application available on the
				department's website or a paper application provided upon request. An
				application is deemed filed and complete when the department receives an
				application form, the application fee, and any supplemental information
				requested by the department.
2.
				Upon issuance of the surveying and planning permit to the applicant, access to
				trust lands under the permit is only permissible if a third-party applicant has
				filed an application for an encumbrance. The surface tenant must be notified by
				the third-party applicant of the required access to trust lands at least one
				calendar week prior to the date of access.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-03 - General standards for an encumbrance

Current through Supplement No. 393, July, 2024
In reviewing an application for an encumbrance, the following
				  may be considered:
1. Financial
				benefit to the trusts;
2.
				Availability of alternate encumbrance site or route;
3. The least environmentally damaging site or
				route regardless of property ownership;
4. Physical stability of the
				landscape;
5. Other potential
				future uses for the trust lands, including urban development;
6. Potential mineral and other material
				development, including oil, gas, coal, construction aggregate, sodium sulfate,
				chemical substances, metallic ore, or uranium ore;
7. Feasibility for reclamation;
8. Maintenance of existing wetlands and
				waterflows;
9. Any cultural,
				historical, archeological, and paleontological resources;
10. Habitat for federally listed threatened
				and endangered species;
11.
				Location of the proposed route or site in relation to section lines, quarter
				section lines, and corridors;
12.
				Potential liability to the trusts;
13. Applicant's past encumbrances on trust
				lands;
14. Applicant's financial
				stability; and
15. Any other
				information relevant to the application which would assist in the
				determination.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02, 15-02-05,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-04 - Issuance of an encumbrance

Current through Supplement No. 393, July, 2024
1. The
				commissioner may approve and issue an encumbrance on the board's behalf in
				accordance with this chapter.
2. If
				an application does not comply with this chapter, or if the commissioner
				determines board review is desirable, the application may be brought before the
				board for its consideration.
3. The
				commissioner may impose such terms as the commissioner deems necessary. An
				encumbrance must be issued prior to site preparation or construction.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02, 15-02-05,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-05 - Right of entry

Current through Supplement No. 393, July, 2024
The department may enter the land at any time without
				  notification for the purpose of inspecting the land, activity, or
				  construction.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02, 15-02-05,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-04 - Encumbrances of Trust Lands › Section 85-04-04-06 - Expiration of an encumbrance

Current through Supplement No. 393, July, 2024
Unless otherwise stated in the encumbrance, the encumbrance
				  expires two years from the date of issuance if the activity or construction is
				  not fully completed. An encumbrance automatically terminates without notice at
				  the end of its term or for failure to complete an activity or construction.
				  Prior to the expiration of the encumbrance, the holder may apply for an
				  amendment or extension in accordance with this chapter.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02, 15-02-05,
					 15-05-01
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-05 › Section 85-04-05-01

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02,
					 20.1-02-05(10)
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-05 › Section 85-04-05-02

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02,
					 15-02-05
North Dakota Administrative Code › Title 85 - University and School Lands, Board of › Article 85-04 - Surface Land Management › Chapter 85-04-05 › Section 85-04-05-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 15-01-02, 15-02-05,
					 15-04-18, 15-04-20, 20.1-03-42, 55-02-07, 55-10-09