R850-25-500. Material Permit Provisions  


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  • 1. Rentals.

    (a) The director shall establish the rental rate for a material permit, which shall not be less than $10 per acre, or fractional part thereof, per annum.

    (b) The minimum annual rental on material permits shall be determined periodically by the agency.

    2. Royalty and Minimum Royalty.

    (a) The director shall establish the royalty rate based upon the agency's analysis of the local market for the commodity.

    (b) The director will establish annual minimum royalty rates for material permits based on the type of material being removed. The agency may adjust the rates at any time in accordance with the terms of the permit.

    3. Material Permit Term.

    (a) Material permits issued under these rules shall be for a term as specified in the terms and conditions of the material permit.

    (b) All material permits shall expire at the end of five years, unless otherwise specified in the permit. Upon request of the permittee, the director may reissue the permit on the same terms or on readjusted terms. In no event shall a material permit continue for a period longer than five years without review and a determination by the director that reissuance on the same or readjusted terms is in the best interest of the beneficiaries.

    4. Other Permit Provisions.

    The director may require, in addition to the above permit provisions, other provisions to be included in the material permit as it deems necessary.