Wyo. Code R. 060-0002-3
Land Commissioners, Board of
Chapter 3: Easements
Effective Date: 05/12/1998 to 11/01/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.3.05121998
BOARD OF LAND COMMISSIONERS
Section 1. Authority
(a) This chapter is promulgated under authority of W.S. 36-2-107, and W.S. 36-9-118.
Section 2. Definitions
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) “Office” means the Office of State Lands and Investments. (d) “State lands” means all lands under the jurisdiction of the Board of Land Commissioners. (e) “Surface lessee” means a holder of a grazing and agricultural lease or a special use lease issued in accordance with Chapters 4 or 5 of these rules. (f) “Easement” means an interest in land which entitles the grantee of such interest to a limited use or enjoyment of the land in which the interest exists, but not ownership in the land.
Section 3. Uses on Easements
(a) The Board may grant easements for the following uses of state land: (i) Ditches (ii) Overhead wires (iii) Pipelines (iv) Railroads (v) Reservoirs (vi) Public Roads and Highways (vii) Roadways to Private Land or Residences (viii) Snow fences (ix) Underground cables (x) Open space (xi) Any other appropriate use
Section 4. Easement Characteristics (a) Width. Easements should be limited to the narrowest possible width. Applicants have the burden of justifying the width requested in the application.
(b) Location. Easement routes that follow section lines or previously established roads, pipelines, or utility corridors are generally preferred. Field reviews and investigations, and communication with the surface lessees, if any, may be conducted by the Office to determine potential alternative locations and access routes that minimize or eliminate impacts to state lands.
(c) Duration. The Board may grant easements in perpetuity or for any term of years. Whenever possible and practical, and consistent with the purpose, easements will be issued for no greater than a thirty five (35) year term, with an option for the holder of the easement to renew, upon expiration, for specified terms and conditions pursuant to subsection (d) of this section.
(d) Renewal of Easement Grants. Prior to the expiration date of any easement granted for a limited term of years, the Office will, during the last year of the easement, notify the easement holder of the impending expiration and within ninety (90) days of the expiration an application may be submitted for a renewal of the grant. If the renewal involves no change in the location or status of the original easement grant, the applicant may file with the application a certificate under oath setting out this fact, and the Board may thereupon extend the grant for an additional term upon payment of such consideration as the Board determines.
(a) For all easements:
(i) Surface damage payments. If the proposed use, construction, or maintenance, 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 4, Section 13 or Chapter 5, Section 13, of these rules. If there is not a surface lessee, negotiation shall be directly with the Office.
(ii) Reclamation. Upon completion of construction, 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, consistent with the use of the easement. Reclamation shall include leveling, terracing, mulching and other necessary steps to prevent soil erosion and impacts to water quality, the establishment of suitable grasses and forbs, and control of noxious weeds and pests. The reclaimed area shall be restored as nearly as practical to its original condition, and the Director shall not require enhancements to the original condition. Upon termination, cancellation, or relinquishment of an easement, the grantee shall remove or stabilize, in the Director's discretion, any facilities placed on the land and restore all disturbed land.
(a) Market value. Payment for the grant of an easement shall be on a negotiated basis, but no easement shall be granted for less than its market value. These rules apply to all federal, state, county, municipal or other governmental agencies as well as quasi-governmental bodies or organizations the same as if they were private parties.
(b) Minimum. Notwithstanding subsection (a) of this section, the minimum consideration for any easement shall be two hundred fifty dollars ($250.00).
(c) Notwithstanding subsections (a) and (b) of this section, for roadway easements granted to the Wyoming Department of Transportation or any Wyoming county or municipality, the consideration for any portion of an easement that is congruent with an existing state highway, county road, or municipal street or road that was validly established prior to 1974 shall be ten dollars ($10.00) per acre.
(d) Exchange. Notwithstanding the previous subsections of this section, for reasons of improved management and increased value of trust land, the Board may exchange an easement across state land for an easement of equal or greater value over land owned by another party.
(a) Applications. Persons desiring to acquire an easement on state land as provided in this chapter shall submit to the Office a completed application form along with the filing fee established by the Board pursuant to Chapter 17 of the rules.
(b) Lessee notification. Upon receipt of a completed application for an easement, the Office shall notify the surface lessee, if any, of the state land involved. The lessee shall have fifteen (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 Office shall establish the terms for damage payment.
(c) Consideration deposit. Within fifteen (15) days of receipt of a completed application, the Office shall provide the applicant with an estimate of the consideration required for the easement in accordance with the provisions of section 6 of this chapter. The applicant shall remit to the Office a deposit of seventy five percent (75%) of the estimated consideration. Applicants who are governmental entities shall remit one hundred percent (100%) of the consideration upon Board approval of the application.
(d) Preliminary Approval. The Office shall preliminarily approve or disapprove the application no less than twenty (20) days, nor more than thirty (30) days, after receipt of a completed application. The Director may act in less than twenty (20) days if the lessee response provided for under subsection (b) of this section is received in less than fifteen (15) days. However, in no case shall the Director preliminarily approve the application unless the consideration deposit required under subsection (c) of this section has been received.
(e) Effect of Preliminary Approval. Upon preliminary approval of the application, the applicant may commence construction or use within the boundaries of the proposed easement. However, the applicant bears the risk that the Board may ultimately disapprove the application.
(f) Final Approval. The Board shall approve or disapprove the application at its next regular meeting following the Director’s action under subsection (d) of this section. If the application is disap- proved and no construction or use has occurred, the consideration deposit and any related damage payment collected by the Office shall be returned to the applicant.
(g) Post-construction report. After construction within the easement corridor is complete, the applicant shall promptly submit a completed post-construction report, including an “as-built” survey of the easement and a narrative legal description, to the Office.
(h) Failure to Report Completion. Within one (1) year after Board approval, failure to file the post-construction report form, “as built” survey plat, narrative legal description, and payment of any remaining consideration due for the easement shall result in cancellation of the easement application and forfeiture of all fees and deposits. The Office shall notify the applicant by certified letter ninety (90) days prior to cancellation. Upon receipt of a written explanation and request for an extension, the Director may grant additional time to complete the easement. The Director shall prepare an informational board matter pursuant to Chapter 1.
(i) Amendments. Any holder of an existing easement desiring to change the uses, location, or width, of the easement shall follow the application procedure described herein, as though it were a new application.
(a) Applicants shall be responsible for determining whether or not the proposed easement would spatially encroach upon any existing easements or other permitted uses, on state lands and for implementing any necessary measures to prevent or mitigate impacts on existing easements or uses.
(b) An easement, granted to a person for a specific purpose, shall not be used for other purposes or by other persons without the approval of the Board. The Board reserves the right to grant easements to additional applicants for use of the established route, provided that such subsequent easements do not adversely affect the existing easement or facility. In such cases the Director may require the subsequent applicant to negotiate a damage agreement, or maintenance agreement, with the holder of the existing easement prior to the grant of easement.
(a) All construction methods and materials used on state land shall comply with generally accepted industry standards. Construction shall be in a manner which complies with laws and regulations to protect health, safety, and the environment.
(b) Cultural Resources. Steps shall be taken in the construction and use of easements to protect and preserve archeological, paleontological, historical and any other cultural resources on state land. The applicant, or holder of an easement, shall notify the Director immediately in the event any historic or prehistoric ruin or monument, or any object of historical, archeological, or scientific value is discovered upon the easement, and shall refrain from further disturbance of such area until notice to the Director, and if deemed necessary by the Director, inspection and clearance by the State Historic Preservation Office (SHPO), State Archeologist, State Geologist or other authorities.
(c) Timber Resources. Timber standing within the easement corridor may be marked by the
Wyoming State Forestry Division, and if deemed necessary, the applicant, or holder of the easement, will pay the current stumpage value as determined by the Wyoming State Forester.
(a) If it is necessary to use state land outside the easement boundary for the purposes of constructing or maintaining a facility on an easement or proposed easement, a temporary use permit shall be secured under the provisions of Chapter 14 of these rules.
(a) Easements are freely transferable, however, no transfer may increase the burden on the servient estate or detract from the value of the state land. Any transfer of a state land easement, or change of name or mailing address of the easement holder, shall be reported to the Office within thirty (30) days of the transfer.
(a) Throughout the construction phase of the easement, the grantee may be required to post a bond with the Board in an amount, to be determined by the Director, sufficient to assure compliance with all terms and conditions of the easement. All bonds posted on easements may be used for payment of all monies, rentals, and royalties due to the grantor, also for costs of reclamation and for compliance with all other terms and conditions of the easement, and rules pertaining to the easement.
(b) The bond shall be in effect even if the grantee has conveyed all or part of the easement interest to an assignee, or subsequent operator until the grantee fully satisfies the easement obligations, or until the bond is replaced with a new bond posted by the assignee.
(c) Additional bonding to cover risks not anticipated at the time of the original grant may be required, at any time by the Director, provided grantor first gives grantee 30 days written notice stating the reason and amount of the bond. The bond will remain in place until the unanticipated risk is diminished.
(d) Bonds may be accepted in any of the following forms at the discretion of the Director:
(i) Surety bond with a corporate surety registered in Wyoming.
(ii) Certificate of deposit in the name of the 'Board of Land Commissioners', with a state or federally insured financial institution in Wyoming. The grantee shall be entitled to all interest payments.
(iii) Other forms of surety as may be acceptable to the Director.
(e) The Director shall prepare an informational board matter pursuant to Chapter 1.
(a) The Director shall only accept survey plats and legal descriptions which comply with the survey plat instructions incorporated into the easement application and with the requirements of W.S. 33-
(a) Any easement granted by the Board may be terminated in whole or in part for failure to comply with any term or condition of the easement or applicable laws or regulations. Easement holders shall be notified of any default or failure to observe the terms and conditions of the easement and shall have an opportunity to present a proposal to correct the situation before the easement is terminated. Upon determining that an easement holder has violated the terms and conditions of the grant, and proposals are not adequate to correct the situation, the Board shall issue an appropriate instrument terminating the easement.