Wyo. Code R. 060-0002-16
Land Commissioners, Board of
Chapter 16: Surface and Subsurface Survey Activities
Effective Date: 06/21/2011 to Current
Rule Type: Current Rules & Regulations
Reference Number: 060.0002.16.06212011
BOARD OF LAND COMMISSIONERS
This chapter is promulgated under authority of W.S. 36-2-107.
As used in this chapter:
(a) "Board" means the Board of Land Commissioners.
(b) "Director" means the Director of the Office of State Lands and Investments.
(c) "Geophysical/Seismic Survey" means an activity relating to the search for evidence of oil and gas which requires the physical presence upon the lands.
(d) "Office" means the Office of State Lands and Investments.
(e) "State lands" means all lands under the jurisdiction of the Board of Land Commissioners.
(f) "Subsurface lessee" means a holder of a subsurface resource lease issued in accordance with Chapters 18-25 of the Board's rules.
(g) "Surface impact payment" means money paid by a user of state lands in compensation for potential negative impacts to the fee simple or leasehold estate, including, but not limited to, destruction of forage, disruption of grazing, agricultural, or commercial operations, nuisance, inconvenience, and for incidental use of the land surface.
(h) "Surface lessee" means a holder of a grazing and agricultural lease, or special use lease, or wind energy lease issued in accordance with Chapters 4, 5, or 6 of the Board's rules.
(i) "Surveyor" means a person conducting a surface or subsurface survey on state land.
The Board hereby grants authorization to persons to conduct limited duration, non-invasive land, mineral, geophysical, cultural, historical, biological, environmental, and mapping surveys on state land upon compliance with this chapter. Surveys of an extensive duration and/or invasive in nature, as determined by the Office, may require that the applicant file a temporary use permit application in accordance with Chapter 14 of the Board of Land Commissioners Rules and Regulations. Determination of whether or not a Temporary Use Permit is required will be made on a case by case basis by the Office subsequent to a review of the application.
(a) Persons desiring to enter upon state lands for the purpose of surveying shall, prior to entry, complete an application outlining the surveying activity and use their best efforts and any available means to notify the surface lessee of their intent to conduct a survey and, where necessary, negotiate a surface impact payment.
(b) In addition to complying with subsection (a) of this section, persons desiring to enter upon state lands for the purpose of geophysical/seismic surveys of any kind shall, prior to entry, negotiate an impact payment with the surface lessee.
(a) Delegation. The Director shall have the power to suspend the authorization to survey granted in Section 3 of this chapter for any survey.
(b) Procedure. If the Director has substantive evidence or information to indicate that the survey will result in irreparable harm to the state land, the Director shall suspend the authorization to survey by notifying the surveyor using any available means.
(c) Duration. The suspension shall continue until the next regular meeting of the Board following the suspension, unless terminated sooner by the Director. The Board may extend the suspension for a definite or indefinite term.
If the proposed survey will have potential negative impacts to the fee simple or leasehold estate, a surface impact payment shall be negotiated prior to surveyor entry on the state land. If there is a surface lessee of the state land, negotiations and payment shall be pursuant to Chapter 4, Section 14, Chapter 5, Section 13 or Chapter 6, Section 12 of the Board's rules. If there is not a surface lessee, negotiations shall be directly with the Office.
If a surveyor sets a monumented corner on state land, the Board may supply the surveyor with a brass cap monument and may record the corner file, if provided by the surveyor, with the appropriate county clerk at the Board's expense.
Nothing in this chapter shall be construed to authorize surveyors to trespass upon the leasehold rights held by a subsurface lessee.