RULES AND REGULATIONS BOARD OF LAND COMMISSIONERS

Chapter 14

Temporary Use Permits

  Section 1. Authority

  This chapter is promulgated under authority of W.S. 36-2-107.

  Section 2. Definitions

  As used in this chapter:

  (a) "Board" means the Board of Land Commissioners.

  (b) "Director" means the Director of the Office of State Lands and Investments.

  (c) "Office" means the Office of State Lands and Investments.

  (d) "Outfitting/guiding activities" means outfitting and guiding for the purpose of hunting big game and trophy game animals as defined in W.S. 23-1-101.

  (e) "State lands" means lands under the jurisdiction of the Board of Land Commissioners.

  (f) "Surface impact payment" means money paid by a permit applicant in compensation for potential negative impacts to the leasehold estate resulting from use pursuant to a temporary use permit granted under this chapter, including, but not limited to, destruction of forage, disruption of grazing, agricultural, or commercial operations, nuisance, and inconvenience.

  (g) "Surface lessee" means a holder of a grazing and agricultural lease or special use lease issued in accordance with Chapters 4 or 5 of these rules.

  (h) "Temporary use permit" means a license which authorizes the permittee to use specific state land for a particular use for a limited term.

  Section 3. Temporary Uses

  The Board may issue permits for the following temporary uses of state land, however uses which are more appropriately authorized under other Board authorizations shall not be authorized un- der this chapter:

  (a) Construction activities

  (b) Hot mix facilities

  (c) Organized recreation activities

  (d) Roadways

  (e) Sign boards

  (f) Stockpile sites

  (g) Water Wells

  (h) Disposal and/or Injection Wells

  (i) Outfitting/guiding activities

  (j) Non-commercial removal of decorative rock/stone.

  (k) Other appropriate facilities and activities of temporary duration.

  Section 4. Term

  The term of temporary use permits shall be limited to that listed below:

  (a) Construction activities - 1 year

  (b) Hot mix facilities - 2 years

  (c) Organized recreation activities - 30 days

  (d) Roadways - 5 years

  (e) Sign boards - 5 years

  (f) Stockpile sites - 2 years

  (g) Water Wells - 5 years

  (h) Disposal and/or Injection Wells - 5 years

  (i) Outfitting/guiding activities - 5 years

  (j) Non-Commercial removal of decorative rock/stone -15 days

  Section 5. Surface Impacts

  For all temporary use permits:

  (a) Surface impact payments. Prior to commencing use of the state land, the permitee shall remit directly to the surface lessee of the state land, if any, a surface impact payment in accordance with schedule maintained and updated by the Office which reflects impact to the leasehold interest. The schedule of surface impact payments will be reviewed and approved by the Board annually.

  (b) Reclamation. Upon completion of the permitted use, all state land disturbed by the permittee shall be restored to a condition and forage density reasonably similar to its original condition and forage density.

  Section 6. Consideration

  (a) Consideration for temporary use permits shall be negotiated on a case by case basis, provided that the following minimum consideration shall apply:

    (i) Construction activities - $10/acre affected or $100, whichever is greater

    (ii) Hot mix facilities - $500/year

    (iii) Organized recreation activities - $25/day

    (iv) Roadways - $1/linear rod/year or $100/year whichever is greater.

    (v) Sign boards - $1/square foot of sign/year or $100/year, whichever is greater.

    (vi) Stockpile sites - $100/year

    (vii) Water Wells - $10/acre-foot of water removed from state land or $100/year which- ever is greater.

    (viii) Disposal or Injection Wells - Market Value per barrel or $100.00/year whichever is greater.

    (ix) Outfitting/guiding activities - For exclusive (to outfitters) permits 15¢/acre/year or $150/year, whichever is greater. For nonexclusive permits $150/year.

    (x) Non-Commercial removal of decorative rock/stone - $50/ton.

  (b) The consideration for temporary use permits issued to landowners for roadways across state lands may be the reciprocal rights granted to use roadways across the lands owned by the land- owners.

  Section 7. Application Procedure

  (a) Applications. Persons desiring permission to use state land for a temporary purpose as provided in this chapter shall submit to the Director a completed application, including the lessee comment form and the fee as established in Chapter 17.

  (b) Preliminary Approval. With the exception of applications for exclusive outfitting/guid- ing permits filed pursuant to Section 8 of this chapter the Director shall preliminarily approve or disap- prove the application no less than 20 days, nor more than 30 days, after receipt of a completed applica- tion. In no case shall the Director preliminarily approve the application unless the consideration re- quired under Section 6 of this chapter has been received.

  (c) Effect of Preliminary Approval. Upon preliminary approval of the application, the ap- plicant may commence the permitted use. However, the applicant bears the risk that the Board may ultimately disapprove the application.

  (d) Final Approval. The Board shall approve or disapprove the application at its next regu- lar meeting following the Director's action under subsection (b) of this section. If the application is disapproved and no permitted use has occurred, the consideration collected under Section 6 of this chapter and any related surface impact payment collected by the lessee shall be returned to the appli- cant.

  Section 8. Outfitting/Guiding Activities

  (a) Applicability. The provisions of this section shall apply only to temporary use permits for outfitting/guiding activities.

  (b) Permit Types and Limitations. Temporary use permits for outfitting/guiding activities may be issued on either an exclusive (to outfitters) or nonexclusive basis. Exclusive permits shall be effective only on those state land parcels specified in the permit. The Board shall not issue more than one exclusive permit for outfitting/guiding activities on the same parcel of state land. Campsites for outfitting/guiding activities and improvements that are not removed at the end of each hunting season shall only be authorized under an exclusive permit. Nonexclusive permits shall be effective on all state lands within a permittee's hunt area authorizations except for those state lands incorporated in an ex- clusive outfitting/guiding permit area. Nonexclusive permits shall authorize day uses only with no overnight camping permitted. With the exception of activities at Board approved campsites associated with exclusive outfitting/guiding permits, the provisions of Chapter 13 of these rules prohibiting off- road vehicle use, open fires, overnight camping and hunting on cultivated cropland apply to all outfit- ters, guides, and clients while on state land.

  (c) Application Filing Period. Applications for exclusive temporary use permits for outfit- ting/guiding activities shall be accepted by the Office between April 1 and May 31 of each year. Appli- cations for nonexclusive temporary use permits for outfitting/guiding activities shall be accepted by the Office anytime during the year.

  (d) Lessee Notification. Applications for exclusive outfitting/guiding permits shall include the lessee comment form but this requirement shall not apply to applications for nonexclusive outfit- ting/guiding permits. Holders of nonexclusive outfitting/guiding permits shall, prior to their entry on state lands, use their best efforts and any available means to notify the surface lessee(s) of their intent to conduct outfitting/guiding activities on the state lands.

  (e) Conflicting Exclusive Permit Applications. If two or more completed applications for exclusive temporary use permits to conduct outfitting/guiding activities on the same land are filed within the filing period established in subsection (c) of this section, they shall be considered to be in conflict. Once the filing period ends, the Office shall notify the respective applicants that conflicting applications have been received. The applicants shall have 15 days from date of notice to submit their final permit consideration bid and any necessary additional consideration payment. The exclusive permit, if approved by the Board, shall be issued to the high bidder.

  (f) Permit Anniversary Date. Exclusive and nonexclusive temporary use permits for outfit- ting/guiding activities shall be issued to become effective on August 1, unless unique circumstances require a different effective date.

  (g) Cross-compliance Provisions. Only persons holding a current license from the Wyo- ming State Board of Outfitters and Professional Guides shall be qualified to hold a permit under this section. In the event a permittee's license is suspended, revoked, or not renewed for any reason, the temporary use permit shall terminate automatically without further proceedings. Permittees shall com- ply with the hunt areas and species authorizations contained in their respective license from the Wyo- ming State Board of Outfitters and Professional Guides while on state land.

  Section 9. Permit Cancellation

  The Board may cancel permits issued under this chapter for violation of any of the terms and conditions of the permit or of the applicable rules and regulations of the Board. The Board may cancel or modify permits on their anniversary date in order to facilitate the sale or exchange of lands within the permit area.

  Section 10. Permit Transferability

  Permits issued under this chapter are not transferable.