24.11.1.040 Land Use Application Fee
(a) Any outside party applying for a new or renewed right-of-way, lease, permit or other document authorizing the applicant to use Pueblo land for business purposes shall be required to pay a non-refundable Land Use Application Fee to the Pueblo.
(b) The amount of the Land Use Application Fee is set by the Governor, in consultation with the Realty Director, and shall be an amount sufficient to cover the Pueblo's costs to perform a comprehensive review and evaluation of an application and to negotiate the terms of a right-of-way, lease, or other land encumbrance that will authorize the business use of the Pueblo's land.
(c) The calculation of a Land Use Application Fee amount includes the Pueblo's costs of:
(1) Reviewing any environmental and safety impacts of the proposed land encumbrance;
(2) Determining the monetary value of the land use rights to be authorized;
(3) Conducting any necessary negotiations with the applicant including matters of compensation;
(4) Obtaining legal counsel and professional consultant services required by the Pueblo; and
(5) Conducting administrative review and processing of the application or proposal.
(d) The Land Use Application Fee shall be non-refundable and must be paid in full upon receipt by the Pueblo of an applicant's formal request for the Pueblo's consideration of a new or renewed right-of-way, lease, land use permit or other document authorizing encumbrance of Pueblo land.
(e) In the event an applicant is in trespass on the Pueblo's lands, the amount paid for the Land Use Application Fee will not be credited against any final settlement amount for the trespass.
(f) Any applicant who objects to the amount of the Land Use Application Fee set by the Governor may appeal the amount and the timing of payment of the fee to the Governor. The decision of the Governor shall be final and not subject to further review or appeal.
(g) The Land Use Application Fee shall not apply to temporary access permits issued by the Realty Department as those permits relate to temporary access onto the Pueblo's lands and do not authorize encumbrance of the Pueblo's lands.