23A-6-404. Unlawful uses and activities on division lands.
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Effective 7/1/2023
23A-6-404. Unlawful uses and activities on division lands.
(1)Except as authorized by statute, rule, contractual agreement, special use permit, certificate of registration, or public notice, a person may not on division land:
(a)remove, extract, use, consume, or destroy an improvement or cultural or historic resource;
(b)remove, extract, use, consume, or destroy sand, gravel, cinder, ornamental rock, or other common mineral resource, or vegetation resource, except a person may collect for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on the surface of the ground;
(c)allow livestock to graze;
(d)remove a plant or portion of a plant for commercial gain purposes;
(e)enter, use, or occupy division land that is posted against entry, use, or occupancy;
(f)enter, use, or occupy division land as part of a group of more than 25 people, except a group may include up to 50 persons if the group consists of extended family members;
(g)enter, use, or occupy division land while engaged in or part of an organized event;
(h)use, occupy, destroy, move, or construct a structure, including a fence, water control device, road, survey and section marker, or sign;
(i)prohibit, prevent, or obstruct public entry on division lands when public entry is authorized by the division;
(j)attempt to manage or control division lands in a manner inconsistent with division management plans, rules, or policies;
(k)solicit, promote, negotiate, barter, sell, or trade a product or service on, or obtained from, division lands for commercial gain;
(l)park a motor vehicle or trailer or camp for more than 14 consecutive days unless the area is posted for a different duration;
(m)light a fire without taking adequate precaution to prevent spreading of the fire or leave a fire unattended;
(n)use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
(o)use a motorized vehicle of any kind except as authorized by declaration, management plan, or posting; or
(p)use division lands for a purpose that violates applicable land use restrictions imposed by statute, rule, or by the division.
(2)A person who unlawfully uses division lands is liable for damages in the amount of:
(a)the value of the resource removed, destroyed, or extracted;
(b)the amount of damage caused; and
(c)whichever is greater of:
(i)the value of losses or expenses caused as a result of interference with authorized activities; or
(ii)the consideration which would have been charged by the division for use of the land during the period of trespass.
(3)This section does not apply to division employees or division volunteers while acting in the lawful performance of the employees' or volunteers' duties.
(4)Except as otherwise provided by statute, the criminal penalty for a violation of this section is prescribed in Section 23A-5-301 .
Renumbered and Amended by Chapter 103 , 2023 General Session