Wyo. Code R. 060-0002-14
Land Commissioners, Board of
Chapter 14: Temporary Use Permits
Effective Date: 04/28/1993 to 06/30/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.14.04281993
Date Filed 04/28/93 Expr Date Supr Date Repeal Date Document Type RULES
BOARD OF LAND COMMISSIONERS
Section 1. Authority. This chapter is promulgated under authority of W.S. 36-2-107.
Section 2. Definitions. As used in this chapter:
(a) "Board" means the Board of Land Commissioners. (b) "Director" means the Director of the State Land and Farm Loan Office. (c) "Office" means the State Land and Farm Loan Office. (d) "Outfitting/guiding activities" means outfitting and guiding for the purpose of hunting big game and trophy game animals as defined in W.S. 23-1-101. (e) "State lands" means lands under the jurisdiction of the Board of Land Commissioners. (f) "Surface lessee" means a holder of a grazing and agricultural lease or special use lease issued in accordance with Chapters IV or V of these rules. (g) "Temporary use permit" means a license which authorizes the permittee to use specific state land for a particular use for a limited term.
Section 3. Temporary Uses. The Board may issue permits for the following temporary uses of state land, however uses which are more appropriately authorized under other Board authorizations shall not be authorized under this chapter:
(a) Construction activities (b) Hot mix facilities (c) Organized recreation activities (d) Roadways (e) Sign boards (f) Stockpile sites (g) Water removal facilities (h) Outfitting/guiding activities (i) Other appropriate facilities and activities of temporary duration
Section 4. Term. The term of temporary use permits shall be limited to that listed below:
(a) Construction activities - 1 year (b) Hot mix facilities - 2 years (c) Organized recreation activities - 30 days (d) Roadways - 5 years (e) Sign boards - 5 years (f) Stockpile sites - 2 years (g) Water removal facilities - 5 years (h) Outfitting/guiding activities - 5 years
Section 5. Surface Disturbance. For all temporary use permits:
(a) Surface damages. If the proposed use will result in damage to the surface of the land or improvements thereon, a damage payment agreement shall be negotiated prior to entry by the applicant on the state land, provided that any payment is consistent with payments for damages to adjacent lands. If there is a surface lessee of the state land, negotiations shall be pursuant to Chapter IV, Section 13 or Chapter V, Section 13 of these rules. If there is not a surface lessee, negotiations shall be directly with the Director.
(b) Reclamation. Upon completion of the permitted use, all state land disturbed by the applicant shall be restored to a condition and forage density reasonably similar to its original condition and forage density.
Section 6. Consideration.
(a) Consideration for temporary use permits shall be negotiated on a case by case basis, provided that the following minimum consideration shall apply:
(i) Construction activities - $10/acre affected or $100, whichever is greater (ii) Hot mix facilities - $100/year (iii) Organized recreation activities - $25/day (iv) Roadways - $1/linear rod/year or $100/year whichever is greater. (v) Sign boards - $1/square foot of sign/year or $100/year, whichever is greater.
(vi) Stockpile sites - $100/year
(vii) Water removal facilities - $10/acre-foot of water removed from state land or $100/year whichever is greater.
(viii) Outfitting/guiding activities - 15¢/acre/year or $150/year, whichever is greater.
(b) No consideration shall be required for roadways accessing oil and gas well drilling sites during the first year of use, or until production commences, whichever is later.
(c) The consideration for temporary use permits issued to landowners for roadways across state lands may be the reciprocal rights granted to the Board to use roadways across the lands owned by the landowners.
(a) Applications. Persons desiring permission to use state land for a temporary purpose as provided in this chapter shall submit to the Commissioner a completed application form and the fee required under W.S. 36-3-110.
(b) Lessee notification. Upon receipt of a completed application for a temporary use permit, the office shall notify the surface lessee, if any, of the state land involved. The lessee shall have 15 days from date of the notice to comment in writing to the office concerning the application and to report any damage payment agreement that has been reached with the applicant under the provisions of subsection 5(a) of this chapter. If no damage payment agreement has been reached within the time period above, the Director shall establish the terms for damage payment.
(c) Preliminary Approval. The Director shall preliminarily approve or disapprove the application no less than 20 days, nor more than 30 days, after receipt of a completed application. The Director may act in less than 20 days if the lessee response provided for under subsection (b) of this section is received in less than 15 days. However, in no case shall the Director preliminarily approve the application unless the consideration required under section 6 of this chapter has been received.
(d) Effect of Preliminary Approval. Upon preliminary approval of the application, the applicant may commence the permitted use. However, the applicant bears the risk that the Board may ultimately disapprove the application.
(e) Final Approval. The Board shall approve or disapprove the application at its next regular meeting following the Director's action under subsection (c) of this section. If the application is disapproved and no permitted use has occurred, the consideration collected under section 6 of this chapter and any related damage payment collected by the office shall be returned to the applicant.
(a) Effective Date. This section shall become effective on January 1, 1992.
(b) Applicability. The provisions of this section shall apply only to temporary use permits for outfitting/guiding activities.
(c) Application Filing Period. Applications for temporary use permits for outfitting/guiding activities shall be accepted by the office between April 1 and May 31 of each year.
(d) Conflicting Applications. If two or more completed applications for temporary use permits to conduct outfitting/guiding activities on the same land are filed within the filing period established in subsection (c) of this section, they shall be considered to be in conflict. Once the filing period ends, the office shall notify the respective applicants that conflicting applications have been received. The applicants shall have 15 days from date of notice to submit their final permit consideration bid and any necessary additional consideration payment. The permit, if approved by the Board, shall be issued to the high bidder.
(e) Permit Anniversary Date. Temporary use permits for outfitting/guiding activities shall be issued to become effective on August 1, unless unique circumstances require a different effective date.
(f) Permit Exclusivity. The Board shall not issue more than one temporary use permit for outfitting/guiding activities on the same parcel of state land.
(g) Qualified Permittees. Only persons holding a current license from the Wyoming State Board of Outfitters and Professional Guides shall be qualified to hold a permit under this section. In the event a permittee's license is suspended, revoked, or not renewed for any reason, the temporary use permit shall terminate automatically without further proceedings.
(h) Trailing Exemption. The mere trailing of outfitting/guiding clients through a parcel of state land to reach other lands where outfitting/guiding activities are to be conducted is authorized and controlled under the provisions of Chapter XIII of these rules and is exempt from the requirements of this section.
Section 9. Permit Cancellation. The Board may cancel permits issued under this chapter for violation of any of the terms and conditions of the permit or of the applicable rules and regulations of the Board. The Board may cancel or modify permits on their anniversary date in order to facilitate the sale or exchange of lands within the permit area.
Section 10. Permit Transferability. Permits issued under this chapter are not transferable.