Section 85-04-02-02 - Construction aggregate lease term1. 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. N.D. Admin Code 85-04-02-02
Adopted by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.General Authority: NDCC 15-05-18
Law Implemented: NDCC 15-05-18