N.D. Admin Code 69-05.2-08-09 - Permit applications - Permit area - Prime farmland -Reconnaissance investigation
1. All
applications must include the results of a reconnaissance investigation of the
proposed permit area to indicate whether prime farmland exists. The commission
in consultation with the natural resource conservation service will determine
the nature and extent of the required reconnaissance investigation.
2. If the reconnaissance investigation
establishes that no land within the proposed permit area is prime farmland
historically used for cropland, the applicant shall submit a statement that no
prime farmland is present. The statement must identify how the conclusion was
reached.
3. If the reconnaissance
investigation indicates that land within the proposed permit area may be prime
farmland historically used for cropland, the applicant shall determine if a
cooperative soil survey exists for those lands and whether soil mapping units
in the permit area have been designated as prime farmland. If no cooperative
soil survey exists, the applicant shall have one made of the lands which the
reconnaissance investigation indicates could be prime farmland.
a. If the cooperative soil survey indicates
that no prime farmland soil mapping units are present within the permit area,
subsection 2 applies.
b. If the
cooperative soil survey indicates that prime farmland soil mapping units are
present within the permit area, section
69-05.2-09-15 applies, unless the
applicant presents other information which demonstrates to the satisfaction of
the state conservationist of the natural resource conservation service that no
prime farmland mapping units are present.
4. This section does not apply to lands which
qualify for the exemption in section
69-05.2-26-06. However, the
application must show that all exemption criteria are met.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14
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