§ 20.1-02-17.1 — Procedures and conditions for land acquisitions for wildlife and fish restoration

North Dakota § 20.1-02-17.1

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-02: Game and Fish Department

Text

restoration.
1. The director shall submit proposed wildlife and fish restoration programs or projects
and updated segments thereof involving proposed acquisitions by purchase, lease,
easement, or servitude of wetlands, water, or land areas by certified mail with return
receipt to the board of county commissioners of the county or counties in which the
affected areas are located for the board's approval prior to agreement with and
approval by the secretary of the interior.
2. The board of county commissioners of the county affected, or a designee or designees
of the board, shall, within twenty-one days of receipt of an acquisition proposal,
physically inspect the proposed acquisition areas. The board shall give public notice of
the date, hour, and place where the public may comment on the proposed
acquisitions. The notice must be published once each week for two consecutive weeks
in the official newspaper of the county or counties in which the land and water areas
are located. The notice must set forth the substance of the proposed action and must
include a legal description of the proposed acquisitions. The board of county
commissioners shall give its approval or disapproval by certified mail with return
receipt within sixty days after receipt of an acquisition proposal.
3. A detailed impact analysis from the state game and fish department shall be included
with the acquisition proposal for board of county commissioner consideration in
making recommendations. The analysis by the game and fish department shall
include, but shall not be limited to, the recreational and wildlife impacts. In addition, the
county agent of the affected county or counties shall prepare an impact analysis for
board of county commissioner consideration which shall include the fiscal, social, and
agricultural impacts of the proposed acquisition. The state game and fish department
shall reimburse the county or counties for any expenses incurred by the county agent
in preparing the analysis. The analyses shall also be forwarded to the department of
commerce division of community services which shall furnish copies to all interested
state agencies and political subdivisions, which agencies and political subdivisions
shall have thirty days to review the analyses and return their comments to the division
of community services. Upon expiration of the thirty-day period, all comments received
by the division of community services shall be forwarded to the state game and fish
department. The state game and fish department may, after consideration of such
comments, file a final impact analysis with the division of community services and the
board of county commissioners.
4. Any landowner may negotiate the time period of a lease, easement, or servitude
sought under the federal Acts cited in section 20.1-02-17. Except with respect to
flowage and access easements, a lease, easement, or servitude shall terminate upon
the death of a landowner or upon change in ownership of the affected land.
5. A landowner may restrict a lease, easement, or servitude by legal description to the
wetlands, water, or land areas sought under the Acts and may drain any expanded
wetland or water area in excess of the legal description.