General standards for a permit for a permanent improvement.

85-04-03-04. General standards for a permit for a permanent improvement. In reviewing an application for a permit for a permanent improvement, the commissioner may consider the following: 1. Financial benefit to the trusts; 2. Availability of alternate site or route; 3. The least environmentally damaging site or route; 4. Physical stability of the landscape; 5. Whether technical assistance was sought in planning the proposed permanent improvement; 6. Potential for mineral development, including oil, gas, coal, construction aggregate, sodium sulfate, chemical substances, metallic ore, or uranium ore; 7. Feasibility for reclamation; 8. Maintenance of existing wetlands and waterflows; 9. Any cultural, historical, archeological, and paleontological resources; 10. Habitat for federally listed threatened and endangered species; 11. Location of the proposed route or site in relation to section lines, quarter section lines, and corridors; 12. Potential liability to the trusts; and 13. Any other information relevant to the application which would assist in the commissioner's determination. History: Effective January 1, 2020. 2 General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-08-26