Wyoming State Land Right-of-Way (3-WY-b)
The BLC has authority to grant Non-Roadway Easements across state lands for overhead wires and underground cables. Wyo. Code. R. § 3.3(a). Although the BLC may grant Non-Roadway Easements in perpetuity or for any term of years, the BLC generally grants easements for a term of no more than 35 years with an option for the developer to renew. Wyo. Code. R. 060.0002.3 § 4(c).
State Land Right-of-Way Process
3-WY-b.1 to 3-WY-b.2 – Will the Proposed Transmission Line Cross State Park Land?
The developer must consult with the Department Director of Wyoming State Parks and Cultural Resources (WYSPCR) if the proposed transmission line will cross state park land. Permission from WYSPCR is predicated upon approval of the easement by the BLC. See Guide to Permitting Electric Transmission Lines in Wyoming Section 2-13 and Wyo. Code. R. 024.0002.1 § 15(a).
3-WY-b.3 to 3-WY-b.4 – Will the Proposed Transmission Line Cross Wyoming Game and Fish Department Land?
The developer must consult with the Director of the Wyoming Game and Fish Department (WGFD) if the proposed transmission line will cross WGFD land. Permission from WGFD is predicated upon approval of the easement by the BLC.
3-WY-b.5 – Application for Easement with Attachments
The developer must submit a completed Non-Roadway Easement Application to the Office of State Lands and Investments (OSLI) within the BLC. Wyo. Code. R. 060.0002.3 § 7(a). The application must include:
- An application addendum;
- A topographic map;
- An application for additional work space, if applicable;
- A Surface Lessee Notification and Comment Form; and
- Necessary application fees.
To access the applications and other forms see Office of State Lands and Investments - Easements.
3-WY-b.6 to 3-WY-b.7 – Notify Developer Regarding Consideration Deposit
The OSLI must provide the developer with an estimate of the consideration required for the easement within 15 days of the completed application. The developer must submit a deposit of 75% of the estimated consideration. Wyo. Code. R. 060.0002.3 § 7(b). If the developer does not submit the deposit, the OSLI will not render preliminary approval of the application under any circumstances. Wyo. Code. R. 060.0002.3 § 7(c).
3-WY-b.8 – Issue Preliminary Decision on Application
The OSLI must issue a preliminary decision on the application no less than 20 days and no more than 30 days after it receives the application. Wyo. Code. R. 060.0002.3 § 7(c).
Note: If the OSLI renders preliminary approval of the application, the developer, using its own discretion, may begin construction or use within the boundaries of the proposed easement. However, the developer bears the risk that the BLC may disapprove the application in its final review. Wyo. Code. R. 060.0002.3 § 7(d).
3-WY-b.9 to 3-WY-b.11 – Issue Final Decision on Application
The OSLI will forward the application to the BLC after it renders its preliminary decision. The BLC will give final approval or disapproval of the application at its next scheduled meeting following the OSLI preliminary decision. If the BLC gives final approval, it will grant the easement to the developer. If the BLC disapproves the application, and no construction has occurred, the consideration deposit will be returned to the developer. Wyo. Code. R. 060.0002.3 § 7(e).
3-WY-b.12 – Submit Surface Impact Payment
The developer must submit a surface impact payment to the BLC. The surface impact payment reflects the impact to the easement’s surface caused by the developer. A schedule of surface impact payments will be reviewed and approved by the BLC annually. Wyo. Code. R. 060.0002.3 § 5.
3-WY-b.13 – Post Construction Report and Attachments
The developer must submit a post construction report, including an “as built” survey of the easement and a narrative legal description, to the OSLI after construction is complete. Rules and Regulations of the Board of Land Commissioners, Chapter 3, Section 7(f). If the developer fails to file the post construction report, “as built” survey plat, and narrative legal description within one year after BLC approval of the developer’s easement application, the BLC will cancel the easement application and the developer will forfeit all fees and deposits. Wyo. Code. R. 060.0002.3 § 7(g).
3-WY-b.14– Initiate Reclamation
The developer must restore all disturbed state land to a condition and forage density reasonably similar to its original condition after construction. Wyo. Code. R. 060.0002.3 § 5(a)(ii).
3-WY-b.15 - Does the Developer Seek Appeal to District Court?
If the BLC disapproves the developer’s application, the developer may appeal the BLC decision. The Wyoming district court in the county in which the land in controversy is situated has jurisdiction for appeals of final decisions by the BLC. Wyo. Stat. § 36-2-206.
3-WY-b.16 to 3-WY-b.17 – Notice of Intent to Appeal – District Court and OSLI
The developer must file a written notice of intent to appeal with the Director of the OSLI and the appropriate district court simultaneously. The developer must file the notice of intent to appeal by registered mail within 30 days after receiving notice of the BLC decision. In addition, the developer must post a bond, in an amount to be decided by the court, to ensure that the developer will prosecute its appeal without unnecessary delay and that the developer will pay the costs and damages sustained by the BLC as a consequence of the appeal. The bond amount will not be less than $500 in any case and must be submitted to the BLC within 15 days after the developer files its notice of intent to appeal. Wyo. Stat. § 36-2-207.
3-WY-b.18 – Transmit Evidence and Documents from BLC Proceeding to District Court
The Director of the OSLI transmits a certified copy of all documents in evidence and a transcript from the BLC proceeding to the clerk of the district court in which the appeal lies. The Director must also provide to the court clerk a certified copy of the BLC decision. Wyo. Stat. § 36-2-208.
3-WY-b.19 – Notice of Perfected Appeal
The clerk of the district court issues a notice of perfected appeal to the Director of the OSLI and to the BLC immediately after the Court approves the developer’s bond. Wyo. Stat. § 36-2-209.
3-WY-b.20 to 3-WY-b.21 – Conduct Hearing
The district court will conduct the hearing in the same manner as other civil cases are tried under WRCP Rule 3. If the district court rules in favor of the developer, the BLC will grant the easement to the developer. The developer must then follow the post-easement issuance steps outlined in 3-WY-b.8 through 3-WY-b.10. If the district court affirms the BLC decision disapproving the developer’s application, the project cannot continue. Wyo. Stat. § 36-2-210.
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