ARSD 74:29:10:09. Department determination on notice of intent to operate

The department must determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands if: (1) A complete recommendation that meets the requirements of § 74:29:10:07 is filed; (2) The lands described in the notice of intent to operate are already included on the preliminary list; or (3) The assessment required by subdivision 74:29:10:03(6) clearly indicates that the lands described in the notice of intent to operate constitute special, exceptional, critical, or unique lands. The department may determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands by preparing a nominating petition complying with the requirements of § 74:29:10:16.