R657-28-27. Renewal of Right-of-Way Leases and Non-Agricultural Division Land Leases

(1) A person may apply to renew a right-of-way lease or division land lease by:

(a) submitting a written request to the division;

(b) updating the original application; and

(c) paying a renewal fee.

(2) A renewal may be requested no earlier than 120 days and no later than 60 days prior to the expiration date of the right-of-way lease or division land lease.

(3) A renewal shall be granted under the division's laws, rules, and policies in effect at the time of renewal.

(4) A request for a change in the size or use of an area or for an additional area or use shall be applied for as a new right-of-way lease or division land lease.

(5) The division may deny renewal of a right-of-way lease or division land lease for any of the following reasons:

(a) Unacceptable impacts to wildlife, wildlife habitat, public recreation, or cultural or historic resources;

(b) Continuation of the right-of-way lease or division land lease is, in the opinion of the division, incompatible with the intended uses of the land;

(c) The person has not complied with terms and conditions of the lease contract; or

(d) The management goals for the area have changed to the extent that the right-of-way lease or division land lease is no longer compatible.

(6) The division shall provide a written notice to the applicant stating the reason for denial.

(7) Nothing herein shall be construed as limiting the division in seeking agreement from the U.S. Fish and Wildlife Service, or any other party with a contractual or property interest in the division's property.