Title 085 · Title 85

Comments and notice.

Citation: N.D. Admin. Code § 85-04-06-05

Section: 85-04-06-05

85-04-06-05. Comments and notice. 1. If the board determines the application covers a tract of land the board is willing to exchange, the department shall: a. Post on the department's website a notice of the application for land exchange, any supporting documentation, and instructions for submitting public comments. b. Publish notice of an application for land exchange in the official newspaper of the county where the proposed exchange land and proposed trust lands to be exchanged are located and in the Bismarck Tribune. The notice must: (1) Be published once each week for three consecutive weeks prior to the deadline for comments; and (2) Contain the legal description of the proposed exchange land and proposed trust lands to be exchanged and the deadline for comments. If publication of any notice is omitted inadvertently by any newspaper or the notice contains typographical errors, the department may proceed with the scheduled comment period if it appears the omission or error is not prejudicial to the department's interest. c. Solicit public comment regarding the proposed exchange. All comments must be in writing and include the following: (1) Name and address of the interested person; (2) The legal description of the proposed tract for exchange as shown on the published notice; and (3) A detailed statement as to whether the interested person supports or opposes the exchange. 2. The department shall give notice of the proposed exchange to any entity having a property interest in any portion of trust lands involved in the exchange as reflected in the records of the department and if the land is leased, the commissioner shall notify the lessee of the intent to exchange the property during the months of October through January. History: Effective January 1, 2021; amended effective April 1, 2026. General Authority: N.D. Constitution article IX, § 6; NDCC 15-01-02, 28-32-02 Law Implemented: NDCC 15-06-19.1