63L-8-202. Land use planning.

414 words·~2 min read·/ut/title-63l/chapter-8/63l-8-202

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

Effective 5/10/2016

(1)The director, in consultation with the board, the commissioner, and other state agencies with management authority over other state owned land and resources affected by land use planning shall, with public involvement, develop, maintain, and revise land use plans that address the use and conservation of public land in the state.

(2)In the development and revision of land use plans, the director shall:

(a)use and observe the principles of multiple use and sustained yield;

(b)develop rules describing the degree of planning necessary for each category of activity upon, or conservation of, public land;

(c)provide for compliance with applicable pollution control laws;

(d)make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened under the federal Endangered Species Act of 1973, as amended, on public land; and

(e)to the extent consistent with the laws governing the administration of the public land:

(i)coordinate the land use inventory, planning, and management activities for public land with the land use planning and management programs of the county government within which the public land is located; and

(ii)involve the public and local county officials in the development of land use programs, land use rules, and land use decisions for public land, including early public notice of proposed decisions, programs, or regulations that may have a significant impact on non-public land.

(3)The director shall, to the maximum extent possible and consistent with this chapter, implement land use plans that provide for consistent results with local land use plans.

(a)Management decisions shall remain subject to reconsideration, modification, and termination through revision by the director, subject to contractual rights granted by any land use authorization issued by the division.

(b)The director shall report to the speaker of the House of Representatives and the president of the Senate on a management program or policy decision that eliminates, for two or more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or more.

(5)The director shall:

(a)allow an opportunity for public involvement; and

(b)establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to give governments and the public adequate notice and opportunity to comment upon and participate in the formulation of plans, programs, and policies relating to the management of the public land.

Enacted by Chapter 317 , 2016 General Session