§ 61-31-04 — Duties of landowner

In the agreement between the commissioner and a landowner, the landowner shall agree:
1. To place in the program for the period of the agreement eligible wetland areas,
together with such adjacent areas as determined desirable by the commissioner.
These wetlands and adjacent areas may include areas covered by a federal or state
government easement which permits agricultural use, except for federal waterbank
agreements pursuant to the federal waterbank program [Pub. L. 91-559; 16 U.S.C.
1301 et seq.]. However, in the event that any eligible wetland and adjacent areas are
covered by a separate federal or state government easement, the commissioner shall
reduce payment rates as appropriate.
2. Not to drain, burn, fill, or otherwise destroy the wetland character of such areas.
3. Not to use such areas for agricultural purposes, except as determined by the
commissioner.
4. To effectuate a wetland conservation and development plan for the land in accordance
with the terms of the agreement, unless any requirement thereof is waived or modified
by the commissioner pursuant to section 61-31-07.
5. To forfeit all rights to further payments or grants under the agreement and the
commissioner may require the landowner to refund to the state all payments or grants
received thereunder upon violation of the agreement if the commissioner determines
that such violation is of such a nature as to warrant termination of the agreement, or to
make refunds or accept such payment adjustments as the commissioner may deem
appropriate if the violation does not warrant termination of the agreement.
6. Upon transfer of the landowner's right and interest in the lands during the agreement
period, to forfeit all rights to further payments or grants under the agreement and the
commissioner may require that landowner refund to the state all payments or grants

received thereunder unless the transferee of any such land agrees with the
commissioner to assume all obligations of the agreement.
7. To additional provisions which the commissioner determines are desirable and
includes in the agreement to effectuate the purposes of the program or to facilitate its
administration.
The agreement of the landowner under this chapter shall be made binding on any tenant or
operator of the land covered by the agreement.