060-3 Wyo. Code R. §§ 3-7 - Application Procedure

(a) Applications. Persons desiring to acquire an easement on state land as provided in this chapter shall submit to the Office a completed application, including the surface lessee comment form, along with the filing fee established by the Board pursuant to Chapter 17 of the rules.

(b) Consideration deposit. Within fifteen (15) days of receipt of a completed application, the Office shall provide the applicant with an estimate of the consideration required for the easement in accordance with the provisions of Section 6 of this chapter. The applicant shall remit to the Office a deposit of seventy five percent (75%) of the estimated consideration. Applicants who are governmental entities shall remit one hundred percent (100%) of the consideration upon Board approval of the application.

(c) Preliminary Approval. The Office shall preliminarily approve or disapprove the application no less than twenty (20) days, nor more than thirty (30) days, after receipt of a completed application. In no case shall the Director preliminarily approve the application unless the consideration deposit required under subsection (b) of this section has been received.

(d) Effect of Preliminary Approval. Upon preliminary approval of the application, the applicant may commence construction or use within the boundaries of the proposed easement. However, the applicant bears the risk that the Board may ultimately disapprove the application.

(e) Final Approval. The Board shall approve or disapprove the application at its next regular meeting following the Director's action under subsection (c) of this section. If the application is disapproved and no construction or use has occurred, the consideration deposit and any related surface impact payment collected by the lessee shall be returned to the applicant.

(f) Post-construction report. After construction within the easement corridor is complete, the applicant shall promptly submit a completed post-construction report, including an "as-built" survey of the easement and a narrative legal description, to the Office.

(g) Failure to Report Completion. Within one (1) year after Board approval, failure to file the post-construction report form, "as built" survey plat, narrative legal description, and payment of any remaining consideration due for the easement shall result in cancellation of the easement application and forfeiture of all fees and deposits. The Office shall notify the applicant by certified letter ninety (90) days prior to cancellation. Upon receipt of a written explanation and request for an extension, the Director may grant additional time to complete the easement. The Director shall prepare an informational board matter pursuant to Chapter 1.

(h) Amendments. Any holder of an existing easement desiring to change the uses, location, or width, of the easement shall follow the application procedure described herein, as though it were a new application.

Notes

060-3 Wyo. Code R. §§ 3-7