No permanent pit, pile, impoundment or any other permanent manmade feature or improvement shall be placed on trust surface estate unless specifically approved by the commissioner. The commissioner may refuse to approve any such permanent feature or improvement that would prevent productive post-mining use of the affected land, as determined by the commissioner, unless the lessee fully compensates the trust for the loss of such land through purchase or other arrangement approved by the commissioner.
N.M. Admin. Code § 19.2.2.34