Rights-of-Way and Special Access

Activities completed under state mineral leases such as an oil well site, etc.

Activities such as pipelines, utility distribution or transmission lines, public roads, off-lease well sites, saltwater disposals, subsurface well bores, tower sites, wind turbines, etc.

Access Permits - Activities such as research projects or organized events (i.e. bird watching group)

Construction/Infrastructure Permits - Activities such as temporary surface layflat lines, temporary construction, access roads, etc.

Planning and Pre-Construction Survey Permits - Activities such as metes-and-bounds, centerline and cadastral land surveys, ocular reconnaissance cultural resource surveys, biological and vegetative surveys, and wetland delineations, etc.

Prospecting Permits - Activities such as aggregate prospecting, coal prospecting, seismic/geophysical exploration, etc.

All survey work across North Dakota School Trust Land requires the following:

1. An online application from the company (Grantee) for each proposed project and,

   1. An active “Planning and Preconstruction Survey” permit must be held by the survey/engineering company completing survey work. This permit is a five year permit and can be requested via application in the Portal.

Currently the Planning and Preconstruction Survey permit has a permit consideration of $500 and is valid for five years. The permit is valid only for the personnel of the survey/engineering company that obtained the permit.

NDDTL must approve the proposed route prior to survey work.  Route approval may require an onsite meeting with NDDTL to determine if an acceptable route is present.  This step saves time, effort, and money for those involved. It is the applicant’s responsibility to accurately locate any existing infrastructure that the proposed route(s) parallel or intersect.

• The financial benefit to the trusts

• Availability of alternate encumbrance site or route

• The least environmentally damaging site or route regardless of property ownership

• Physical stability of the landscape

• Other potential future uses for the trust lands, including urban development;

• Potential mineral and other material development including oil, gas, coal, construction aggregate, sodium sulfate, chemical substances, metallic ore, or uranium ore

• Feasibility for reclamation; Maintenance of existing wetlands and water flows

• Any cultural, historical, archeological, and paleontological resources

• Habitat for federally listed threatened and endangered species

• Location of the proposed route or site in relation to section lines, quarter section lines and corridors

• Potential liability to the trusts

• Applicant’s past encumbrances on trust lands

• Applicant’s financial stability

• Any other information relevant to the application which would assist in the determination

• There is an application fee ($250 per application) for off-lease activities (easements, permits, etc.). There is no application fee for on-lease activities.

• Application fees must be received prior to issuing the appropriate conveyance document requested.

• You now have the option to pay online through NDDTL’s Portal! Please visit the Payment History section (upper right hand corner); if no invoices show but you expect an invoice to be present, please email landrow@nd.gov. 

NDDTL does not sign Company issued documents or forms; only documents issued by NDDTL will be signed by the Commissioner. NDDTL may be able to issue an acknowledgment letter to satisfy bill receipts or other agency requests, depending on the nature of the request.

If a political subdivision managed section line road is contained within the statutory width (33 feet on either side of the section line), no easement is required. If any part of the road or sloping is outside of the statutory width, the additional acreage must be obtained via easement.

Access road permits are required to access well pads, private residences, section line roads that a political subdivision does not manage, etc. Individuals and companies are not allowed to construct/improve trails or roads across School Trust Lands without obtaining the proper written permission.

Please contact NDDTL for specific circumstances and needs prior to project commencement to obtain the proper permissions.

Yes, construction cannot begin until the Commissioner has signed the appropriate documents. The terms and conditions for construction are defined the approved and signed document.

NDDTL requires a specific native seed mix to be planted for reclamation: Seed Mix

Please email landrow@nd.gov with any reclamation questions.

Companies need to work with NDDTL early in the project development for routing approval. However, consideration payments should be settled with NDDTL after most or all the adjacent private landowners have settled as acceptable consideration offers for the Trusts are based on rates paid to private landowners and other received acceptable offers for similar projects. This process is used to allow the Trusts to receive a fair market payment but not set the market.  An appraisal may be required to determine compensation as needed.  All payments must be collected prior to requesting approval and issuing the appropriate conveyance document requested.

Payments must be sent directly to NDDTL. NDDTL will determine the surface lessee's share of the damages, if any, and make the payment to our tenant.

Grantee must pay or repair all damages that may occur to surface tenant's annual crops, fences, buildings or other improvements caused by construction or maintenance of the right of way.

If you notice unusual activities or notice a rights-of-way area that may require reclamation, please email landrow@nd.gov. Please make sure to include a legal description and the date observed!