4-18-105. Conservation Commission -- Functions and duties.

487 words·~2 min read·/ut/title-4/chapter-18/4-18-105

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

Effective 5/3/2023

(1)The commission shall:

(a)facilitate the development and implementation of the strategies and programs necessary to:

(i)protect, conserve, use, and develop the soil, water, and air resources of the state; and

(ii)promote the protection, integrity, and restoration of land for agricultural and other beneficial purposes;

(b)disseminate information regarding districts' activities and programs;

(c)supervise the formation, reorganization, or dissolution of districts according to the requirements of Title 17D, Chapter 3, Conservation District Act ;

(d)prescribe uniform accounting and recordkeeping procedures for districts and require each district to submit annually the information required in Section 17D-3-103 ;

(e)approve and make loans for purposes listed in Section 4-18-106 , through the loan advisory board described in Section 4-18-106 , from the Agriculture Resource Development Fund;

(f)seek to obtain and administer federal or state money in accordance with applicable federal or state guidelines and make loans or grants from that money to an eligible entity, as defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , for the preservation of soil, water, and air resources, or for a reason set forth in Section 4-18-108 ;

(g)seek to coordinate soil and water protection, conservation, and development activities and programs of state agencies, local governmental units, other states, special interest groups, and federal agencies;

(h)when assigned by the governor, when required by contract with the Department of Environmental Quality, or when required by contract with the United States Environmental Protection Agency:

(i)develop programs for the prevention, control, or abatement of new or existing pollution to the soil, water, or air of the state;

(ii)advise, consult, and cooperate with affected parties to further the purpose of this chapter;

(iii)conduct studies, investigations, research, and demonstrations relating to agricultural pollution issues;

(iv)give reasonable consideration in the exercise of its powers and duties to the economic impact on sustainable agriculture;

(v)meet the requirements of federal law related to water and air pollution in the exercise of the commission's powers and duties; and

(vi)establish administrative penalties relating to agricultural discharges as defined in Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm; and

(i)coordinate with the Division of Conservation created in Section 4-46-401 .

(2)The commission may:

(a)employ, with the approval of the department, an administrator and necessary technical experts and employees;

(b)execute contracts or other instruments necessary to exercise the commission's powers;

(c)take necessary action to promote and enforce the purpose and findings of Section 4-18-102 ;

(d)sue and be sued; and

(e)adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , necessary to carry out the powers and duties described in Subsection

(1)and Subsections (2)(b) and

(c).

Amended by Chapter 126 , 2023 General Session