Permanent and nonpermanent improvements.

85-04-03-01. Permanent and nonpermanent improvements. 1. Permanent improvements may not be placed on, removed from, or applied to any surface land leased premises without the written consent of the commissioner. 2. Permanent improvements placed on or implemented on any surface land leased premises are the property of the state of North Dakota. 3. A lessee may place nonpermanent improvements on any surface land leased premises without written consent of the commissioner. 4. Upon expiration or termination of the surface land lease, the lessee may remove the nonpermanent improvements within one hundred twenty days after the surface land lease expires or is terminated. The commissioner may, upon written request from the lessee before the end of the one-hundred-twenty-day period and for good cause, extend the period of time for removing nonpermanent improvements. 5. Any nonpermanent improvements not removed within one hundred twenty days become the property of the next lessee unless the commissioner deems the nonpermanent improvements to be a hindrance to the surface land leased premises. 6. Any nonpermanent improvements deemed to be a hindrance must be removed by the responsible party within one hundred twenty days after delivery of written notification from the department. If hindrances are not removed within one hundred twenty days, the department may remove the hindrance and require the responsible party to pay for the cost. 7. A lessee is responsible for any damage or improvements that remain on the leased premises and are deemed a hindrance by the commissioner. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 28-32-02 Law Implemented: NDCC 15-08-26