N.D. Admin. Code 85-04-09-01

Current through Supplement No. 394, October, 2024

Section 85-04-09-01 - Sale of lands for public or quasi-public purpose

The department shall consider the following criteria when reviewing an application for sale under North Dakota Century Code chapter 15-09:

1. The tract is required for the purposes stated in the application and issuance of the patent or deed must not have a significant negative impact on the remainder of the trust lands;

2. Environmental impacts are minimal or are required to be mitigated in an acceptable manner;

3. Impacts on the value of the remainder of the trust lands are minimal or are required to be mitigated in an acceptable manner;

4. Impacts to significant archaeological and historical sites are minimal, or are required to be mitigated in an acceptable manner;

5. The sale must produce a positive financial return to the trusts;

6. There is no known formal challenge regarding the project;

7. The surface lessee has been notified of the project; and

8. If the application is for a sale of land for use as a landfill by a public entity, the following requirements must be met:

a. Applicants shall work with the department of environmental quality to ensure the operation of the proposed landfill is in accordance with state and federal laws, rules, and regulations.

b. Before final approval of a sale is given, the applicant shall submit evidence that the site meets appropriate geological, hydrological, and other requirements established by the department of environmental quality and the United States environmental protection agency. A permit for feasibility testing may be issued prior to final approval of a sale.

c. When determining the purchase price, the board shall consider the following additional factors:

(1) The unique geological and hydrological characteristics which make the site suitable for use as a landfill;

(2) The effect on the value of adjacent state properties caused by using the site as a landfill; and

(3) The price paid by other purchasers for similar landfill sites.

N.D. Admin Code 85-04-09-01

Adopted by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: N.D. Constitution article IX, § 6; NDCC 28-32-02

Law Implemented: NDCC 15-09