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.

History: Effective January 1, 2020.

General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-08-26