Surface land lease termination.

85-04-01-08. Surface land lease termination. 1. Failure to comply with the surface land lease terms, board rules, board policies, or applicable laws, except as otherwise stated in this chapter, may result in surface land lease termination by the commissioner. 2. The commissioner may: a. Waive any breach except those terms required under applicable laws; b. Allow the lessee time to cure the breach; or c. Terminate the surface land lease. 3. The procedure to terminate a surface land lease is as follows: a. The department shall provide notice of intent to terminate the surface land lease with specific reasons for termination by certified mail to the lessee's last-known address on file with the department. b. A lessee may file with the department a written request for review of the intent to terminate the surface land lease. The request for review must: (1) Be received by the department within fifteen business days after service of notice to the lessee: and (2) Include a statement for reason of review. 3 c. The commissioner may terminate a surface land lease no earlier than fifteen business days after the date of notice of intent to terminate the surface land lease. d. A notice of termination of a surface land lease must be sent by certified mail requiring a signed receipt or by overnight courier or delivery service requiring a signed receipt. e. Termination of a construction aggregate lease is effective upon the date of notice of termination. 4. Termination of the surface land lease does not release the lessee from liability for any amounts or damages owed to the board. 5. If a surface land lease is terminated, the commissioner may deem the the former lessee is ineligible to bid at a surface land lease auction administered by the department for the remainder of the current calendar year and a minimum of three full calendar years after the current calendar year. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 15-07-20, 28-32-02 Law Implemented: NDCC 15-04-01, 15-07-20, 15-07-21, 54-30-17.1