Easements

Easements on state lands are authorized under Chapter 3 - Easements of the Board of Land Commissioners Rules and Regulations. Easement applications can be filed for ditches, overhead wires, pipelines, railroads, reservoirs, public roads and highways, roadways to private land or residences, snow fences, underground cables, open spaces, and any other appropriate use.

Please read the Easements - Instructions for the Roadway or Non-Roadway Application before submitting an application.

PAYMENT for the grant of an easement is on a negotiated basis with this office, but no easement will be granted for less than market value per Board of Land Commissioners rules. This applies to all federal, state, county, municipal or other governmental agencies as well as quasi-governmental bodies or organizations the same as if they were private parties. The minimum consideration for any easement is $250.00.

There are two easement applications: a Non-Roadway Easement Application and a Roadway Easement Application. Each application is included as a part of a packet which contains the Application as well as all other forms and samples necessary to properly file your application with this Office.  The application must be completed in its entirety and returned to this office with original signatures and a $100.00 application fee.(If you are printing either of these application packets from the website, they must be on 8 ½ x 14 Legal Size Paper. These are interactive forms and can be completed prior to printing.)

DON’T FORGET TO PAY OUR SURFACE LESSEE the stipulated amount set on our Surface Impact Statement schedule revised annually. You will need to provide the payment information on the application. If you are dealing with more than one lessee, please attach the additional information

YOUR COMPLETED EASEMENT PACKAGE MUST INCLUDE:

Roadway or Non Roadway Easement Application;

an application addendum;
a topographic map;
an application for additional work space, if applicable;
an  Surface Lessee Notification and Comment Form;
and necessary application fees.

When applying for a Road - the specific land that a roadway benefits must be identified (i.e. NW¼NE¼ Sec. 11, T.19N., R.72W.).  Please include proof of ownership of that parcel.

A survey plat (8½” X 14” per the Survey Instructions) and narrative legal description are required for ALL easements AND are to be submitted when the project is completed.

If you have any questions about completing either application form, please contact Tina Vigil in the Real Estate Management Division.

*If applying in Sage-grouse core area, a Density Disturbance Calculation Tool (DDCT) worksheet must be submitted to the Wyoming Game and Fish Department.  For more information and to download the worksheet, please visit https://wgfd.wyo.gov/Habitat/Sage-Grouse-Management.


Easements - FAQ

FREQUENTLY ASKED QUESTIONS ON EASEMENTS:

1) When do I need an easement?
You will need an easement for any pipelines that are not part of your infrastructure under your mineral lease, or when you are transporting third party fluids from your well, or if you are simply crossing State land(s) with your line. Ditches, overhead wires, pipelines, railroads, reservoirs, public roads and highways, roadways to private land or residences, snow fences, underground cables, open space, any other appropriate use (BLC Rules Ch. 3 Section 3).

2)  What studies does the State require?
Please refer to our Board of Land Commissioner’s Chapter 3 Rules and Regulations.

3) Is  it an annual payment to the State and the surface lessee?
No it’s a onetime charge.  This Office cannot accept consideration less than $250.00 for any easement.  This Office will receive market value for our easements.  The rule applies to all federal, state, county, municipal or other governmental agencies as well as quasi-governmental bodies or organizations the same as if they were private.  (BLC Rules Ch. 3 (a) and (b)).

4)  Can I email or fax the application?
No we need original signatures.

5) Can I send the application, then send the Surface Lessee Notification and Comment form to you after I receive it back from the Surface lessee?
No, the application is only complete when you have that back or sufficient evidence of attempt to contact them, then submit your application, your topographic map, and the signed comment form, with your application fee and at least 75% of the consideration.

6)  Can I put the gas pipeline, the water pipeline and the power line all on one application?
No, please use one application per use.  So we would expect three applications.

7)  What’s an average width?
Thirty feet (30) or less unless you’re an Interstate Pipeline.  We prefer disturbance of as little ground as possible; hence we also prefer to encumber as little ground as possible.

8)  How soon can we start the project?
We can preliminarily approve an application no less than twenty (20) days and no more than 30 days, after receipt of a  completed application and a deposit of at least 75% of the consideration and application fees.

9)  We need an easement to access our pipeline or our well?
If your access is not covered under your mineral lease, you need a Temporary Use Permits (TUP) for that.  A road easement is not granted for access to pipelines or wells.

10) May I submit a survey with my application?
A survey may be submitted at the time of the application; however, the as-built survey is not required until the project is completed.  Upon completion the as-built survey is required along with a completed Post Construction Report.