General standards for an encumbrance.

85-04-04-03. General standards for an encumbrance. In reviewing an application for an encumbrance, the following may be considered: 1. Financial benefit to the trusts; 2. Availability of alternate encumbrance site or route; 3. The least environmentally damaging site or route regardless of property ownership; 4. Physical stability of the landscape; 5. Other potential future uses for the trust lands, including urban development; 6. Potential mineral and other material 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; 13. Applicant's past encumbrances on trust lands; 14. Applicant's financial stability; and 15. Any other information relevant to the application which would assist in the determination. History: Effective January 1, 2020. General Authority: NDCC 28-32-02 Law Implemented: NDCC 15-01-02, 15-02-05, 15-05-01