Right-of-Way Application Procedures

• CONTACTS:

  The ND Department of Trust Lands maintains a staff of trained and experienced professionals that can work on easements and permits both in the office and in the field.

  A. Mike Humann, Director, Surface Management Division.
  Mike Humann is the division contact for the right-of-way program both in the office and in the field with easements, permits and well site locations. Humann earned a Master’s degree at N.D.S.U. in botany with an emphasis in rangeland management and has been employed by the ND Department of Trust Lands since 1987. Humann is a Certified Professional in Rangeland Management. mhumann@nd.gov

  B. Cory Barth, Natural Resources Professional.
  Cory Barth works as needed both in the office and in the field with easements, permits and well site locations, saltwater disposal facilities, oil site road permits and right-of-way reclamation. Barth earned a Master’s degree at N.D.S.U. in Range management and has been employed by the ND Department of Trust Lands since 2012. Cory is certified as a commercial agricultural pesticide applicator. cjbarth@nd.gov

  C. Joseph Stegmiller, Natural Resource Professional
  Joseph Stegmiller works as needed both in the office and in the field with linear pipeline, electrical easements, geophysical operations permits, construction aggregate leasing and right-of-way reclamation. Stegmiller earned a Master’s degree at N.D.S.U. in Entomology and has been employed by the ND Department of Trust Lands since 2016. Joseph is certified as a commercial agricultural pesticide applicator. jstegmiller@nd.gov

  D. Jerry Saude, Trust Land Specialist
  Jerry Saude works as needed both in the office and in the field with access right-of ways, political subdivision road easements and right-of-way reversions. Saude earned a Bachelor’s degree at N.D.S.U. in Animal Science and has been employed by the ND Department of Trust Lands since 1991. Jerry is certified as a commercial agricultural pesticide applicator. jsaude@nd.gov

• TIMING:

  Please allow a minimum of 3 to 4 weeks for an easement or permit to be completed. The application for an easement or permit should be initiated as early as possible to avoid unnecessary delays. Even if the exact route is not known, much of the general review work can still be completed by the ND Department of Trust Lands in advance.

• ELECTRONIC COMMUNICATION:

  Electronic communication through email is the preferred form of communication. Email can be followed with hard copies by mail if necessary but most communication is faster and more efficient with email. To submit an application, please use the on-line application form. The initial contact should be with Diane Weixel at dmweixel@nd.gov.

• GENERAL GUIDELINES:

  Easements/permits obtained under these guidelines include, but are not limited to: roads, pipelines, electric, telephone.

  1. An easement or permit must be obtained prior to any construction.
  2. An easement or permit can only be issued after the procedure set out below is completed.
  3. The review of a completed application takes 2-4 weeks.
  4. Proposed routes for projects such as roads, pipelines, and telephone lines should parallel existing corridors or section lines whenever possible, and avoid stream channels, wooded draws and any other wooded areas.
  5. State land should not be singled out because it is state owned.
  6. The applicant must notify surface tenant of dates and times of entry prior to project activities.
  7. ND Department of Trust Lands forms are used for all easements and permits, and a copy must be kept on-site for reference during construction.

• APPLICATION PROCEDURES:

  The on-line application form is the preferred and fastest way to apply for a right-of-way or surface damage agreement on school trust lands.
  If you plan to send a letter of application, you can print out the on-line application form with the required information filled in and mail it to the ND Department of Trust Lands.

• CENTERLINE SURVEY:

  Following approval of the route by the ND Department of Trust Lands, the applicant should proceed to have a centerline survey completed for that portion which crosses state land. The following are necessary for an acceptable centerline survey:

  1. Survey Plat drawn to scale accurately showing centerline of easement across state land, including entry and exit points, directions (angles), distances from quarter or section corners, and points of intersection with quarter lines. Preferred scale 1" = 660', maximum plat size 18" x 24".
  2. Written Narrative of centerline description including distances between P.l.'s, angles at P.l.'s, points of entry, exit and intersection with quarter lines tied into the section corner or quarter section corner of the state tract.
  3. Prominent geographic and geologic features (i.e., creeks, draws, escarpments, trees, etc.).

• DEPARTMENT OF TRUST LANDS STAFF REVIEW:

  Upon receipt of the above information the ND Department of Trust Lands will proceed with the following review. Reviews generally require 1-2 weeks to complete for routine projects.

  1. Review Of The Proposed Project: This may include:
     1. An on-site inspection of affected tract by Department of Trust Lands staff.
     2. Cooperative planning between Department of Trust Lands staff and applicant if proposed project must be altered.
     3. The Department of Trust Lands will contact the State Historical Society and State Geological Survey concerning any cultural or fossil resources within affected tract. Based on the cultural and fossil resource determination, routing or construction may be altered, changed, or not allowed.
  2. Easement/Permit/Damage Fees:
     1. Fees are due when requested by the Department of Trust Lands. Fees are based on rates paid to private landowners in the area. Generally the damages or payments for an easement or permit should be settled with private landowners first and the State only after most or all of the private landowners have settled. This is because the State does not want to "set the market" but must also receive a fair payment for the trust funds.
     2. Sight drafts are not accepted. Surface damage payments must be sent directly to the State Land Department. The Department of Trust Lands will determine the surface lessee's share of the damages, if any, and make the payment to our tenant. In addition to these fees, Grantee must pay or repair all damages that may occur to surface tenant's crops, fences, buildings or other improvements caused by construction or maintenance of the project.
  3. Final Approval by The State Land Commissioner: Final review and approval will be made by the State Land Commissioner, in accordance with the policy of the Board of University and School Lands. However, if the Commissioner deems it appropriate on an individual case, an application may be presented to the Board of University and School Lands for final consideration. The Board generally meets the last Thursday of each month.