37-1153. Permit to use public trust
lands
A. On application, the department may permit the use of public trust lands by a
public entity or private person or entity if the department determines that such use will
be consistent with, and in the best interests of, the public trust. The use may continue
only as long as the lands are used for the purposes for which the permit is granted. The
permit shall contain terms and conditions that are necessary or appropriate to assure
protection of the public trust interests associated with the lands. The user shall pay
due compensation to the department that shall be used for the purposes prescribed by this
chapter.
B. At least thirty days before issuing a permit under this section the department
shall provide written notice of the proposed action and an opportunity to comment to any
person who has previously requested written notice of actions under this section. The
department shall provide contemporaneous written notice of the final decision to any
person who filed a comment.
C. The department may lease rights-of-way in public trust lands for nonexclusive
uses for a term of not more than ten years without a public auction, if the conditions
prescribed by subsection A are met.
D. The department shall adopt rules relating to granting the use permits and
maintaining the public trust land that is subject to permit under this section.
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