23A-13-202. Adding to or removing land from a migratory bird production area.

344 words·~2 min read·/ut/title-23a/chapter-13/23a-13-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)Subject to the other provisions of this section, a landowner may file a revision notice with the county recorder of the county in which the migratory bird production area is located to add land to or remove land from a migratory bird production area.

(2)The revision notice shall contain:

(a)a legal description of the land added to or removed from the migratory bird production area; and

(b)the name of the owner or owners of the land added to or removed from the migratory bird production area.

(3)A person who files a revision notice under this section shall give a copy of the revision notice within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.

(4)If removing land from a migratory bird production area results in a migratory bird production area of less than 300 contiguous acres:

(a)the migratory bird production area ceases to exist; and

(b)the landowner shall:

(i)notify each landowner within the former migratory bird production area; and

(ii)file the revision notice required by this section for the entire migratory bird production area.

(5)A landowner may add land to a migratory bird production area only if:

(a)the land to be added is contiguous to the migratory bird production area; and

(b)all the landowners of the contiguous land to be added to the migratory bird production area consent to the contiguous land being added to the migratory bird production area.

(6)A landowner of a migratory bird production area may include an easement in the migratory bird production area if:

(a)the landowner owns the easement;

(b)the easement is on land that is contiguous to the migratory bird production area; and

(c)the owner of the land where the easement is located consents to the easement being included in the migratory bird production area.

Renumbered and Amended by Chapter 103 , 2023 General Session