23A-1-206. New development.
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/ut/title-23a/chapter-1/23a-1-206A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2024
23A-1-206. New development.
(1)As used in this section:
(a)"Mitigate" means an activity intended to lessen known negative impacts caused by wildlife, including relocating or distracting wildlife.
(b)"New development" means the conversion in use of previously undeveloped land into a developed state that occurs on or after May 1, 2024.
(c)"Wildlife damage or nuisance claim" means:
(i)a depredation claim;
(ii)a wildlife damage claim; or
(iii)a nuisance complaint involving wildlife.
(2)On and after May 1, 2024, new development in the state is considered infringing on existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related to the new development may not qualify for a wildlife damage or nuisance claim against the state or a political subdivision.
(3)Notwithstanding Subsection (2), the division may mitigate wildlife damage or nuisances impacting a new development.
Enacted by Chapter 347 , 2024 General Session