N.D. Admin. Code 85-04-04-03

Current through Supplement No. 395, January, 2025

Section 85-04-04-03 - General standards for an encumbrance

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.

N.D. Admin Code 85-04-04-03

Adopted by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 15-01-02, 15-02-05, 15-05-01