63L-7-105.
385 words·~2 min read·
/ut/title-63l/chapter-7/63l-7-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
63L-7-105. Report to the governor -- Governor's report to the Legislature -- Designation of a protected wilderness area -- Modification of a protected wilderness area -- Rulemaking authority.
(1)Within five years of the acquisition date of a parcel of land, the advisor of PLPCO shall:
(a)review all areas identified as conservation areas under Section 63L-7-104 ; and
(b)subject to Subsection
(3), submit a report and recommendation to the governor on the suitability of a conservation area for designation as a protected wilderness area.
(2)Before making a recommendation, the advisor of PLPCO shall:
(a)give notice of the proposed recommendation in a newspaper having general circulation in the vicinity of the affected land;
(b)hold a public hearing at a location convenient to citizens who live in the affected area; and
(c)at least 30 days before the date of the hearing described in Subsection (2)(b) , invite local authorities to submit their opinions on the proposed action:
(i)at the hearing; or
(ii)to the advisor of PLPCO, in writing, no later than 30 days after the day on which the hearing is held.
(3)Any opinions submitted to the advisor of PLPCO shall be included with any recommendations to the governor under Subsection
(2)and the Legislature under Subsection
(5).
(4)The governor shall, after receiving the reports described in Subsection (1)(b) :
(a)formulate a recommendation on which conservation areas to designate as protected wilderness areas; and
(b)advise the speaker of the House of Representatives and the president of the Senate of the governor's recommendation.
(5)An area shall be designated as a protected wilderness area upon a concurrent resolution of the Legislature, the governor concurring therein, including:
(a)the legal description of the proposed protected wilderness area; and
(b)any special conditions that shall be placed upon the protected wilderness area.
(6)Any modification or adjustment to the boundaries of a protected wilderness area shall be:
(a)recommended by the advisor of PLPCO after public notice of, and hearing on, the proposal, as described in Subsections
(1)and
(2); and
(b)made official as described in Subsections
(4)and
(5).
(7)DNR shall make rules governing the protection of a protected wilderness area.
Amended by Chapter 140 , 2025 General Session