53-30-101. Definitions.

417 words·~2 min read·/ut/title-53/chapter-30/53-30-101

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

Effective 5/6/2026

As used in this chapter:

(1)"Applicant" means an individual who submits an application for certification.

(2)"Application for certification" means an application described in Subsection 53-30-201(1) .

(3)"Certifying officer" means the commissioner or an individual the commissioner designates to certify an application for certification.

(4)"Credible threat" means a threat to cause death or serious bodily injury that a state or federal law enforcement agency has confirmed to be authentic.

(5)"Easement holder" means the same as that term is defined in Section 57-13c-101 .

(6)"Improvement" means the same as that term is defined in Section 78B-2-225 .

(7)"Land use authority" means:

(a)with respect to protected property located within a municipality, the same as that term is defined in Section 10-20-102 ; or

(b)with respect to protected property located within an unincorporated area of a county, the same as that term is defined in Section 17-79-102 .

(8)"Protected person" means an individual who:

(a)within the four years preceding the day on which the individual submits an application for certification:

(i)received a credible threat; or

(ii)was physically harmed; and

(b)is at risk of serious bodily injury or death caused by:

(i)the individual who made the credible threat described in Subsection (8)(a)(i) or caused the physical harm described in Subsection (8)(a)(ii) ; or

(ii)an individual affiliated with the individual who made the credible threat described in Subsection (8)(a)(i) or caused the physical harm described in Subsection (8)(a)(ii) .

(9)"Protected property" means real property that is owned or occupied by a protected person.

(10)"Protection certificate" means a written determination described in Subsection 53-30-201(4) .

(a)"Security improvement" means an improvement that:

(i)is intended to provide protection for a protected person, or a protected person's immediate family member living at the same residence as the protected person, from the risk of death or serious bodily injury caused by an individual who made a credible threat or caused physical harm to the protected person;

(ii)is constructed within the boundaries of protected property; and

(iii)does not interfere with another property owner's property right.

(b)"Security improvement" includes an improvement described in Subsection (11)(a) that provides safe egress from, or safety within, the protected property, including an underground improvement or an improvement that runs below an easement if the improvement does not damage or interfere with the purpose or use of the easement.

Amended by Chapter 155 , 2026 General Session