reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 111 - Construction.

Effective 5/3/2023
78B-25-111.
Construction.
This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Utah Constitution.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 112 - Uniformity of application and construction.

Effective 5/3/2023
78B-25-112.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the uniform law's subject matter among states that enact the uniform law.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 113 - Transitional provision.

Effective 5/3/2023
78B-25-113.
Transitional provision.
This chapter applies to a civil action filed or cause of action asserted in a civil action on or after May 3, 2023.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 114 - Savings clause.

Effective 5/3/2023
78B-25-114.
Savings clause.
This chapter does not affect a cause of action asserted before May 3, 2023, in a civil action or a motion under Chapter 6, Part 14, Citizen Participation in Government Act, regarding the cause of action.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 115 - Severability.

Effective 5/3/2023
78B-25-115.
Severability.
If any provision of this chapter or the chapter's application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 1 - General Provisions › Section 102 - Definitions.

79-1-102.
Definitions.
As used in this title:
(1) "Department" means the Department of Natural Resources created in Section 79-2-201.
(2) "Executive director" means the executive director of the department who is appointed under Section 79-2-202.
Enacted by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 1 - General Provisions › Section 103 - Coordination council.

Effective 7/1/2021
79-1-103.
Coordination council.
(1) There is created a coordination council that consists of:
(a) the executive director of the department;
(b) the executive director of the Department of Environmental Quality;
(c) the commissioner of the Department of Agriculture and Food;
(d) the director of the Public Lands Policy Coordinating Office; and
(e) the director of the Office of Energy Development.
(2) The coordination council shall:
(a) rotate the position of chair among the members; and
(b) meet at least monthly.
(3) The coordination council shall discuss methods to enhance the coordination of regulation and services of the five entities.
Enacted by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 1 - General Provisions › Section 104 - Application of title to wildlife issues.

Effective 7/1/2023
79-1-104.
Application of title to wildlife issues.
(1) The following may not be construed or applied to supersede or interfere with the powers and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23A, Wildlife Resources Act, over the activities described in Subsection (2):
(a)Chapter 4, State Parks;
(b)Chapter 5, Recreational Trails;
(c)Chapter 7, Outdoor Recreation Act; and
(d)Chapter 8, Outdoor Recreation Grants.
(2) Subsection (1) applies to the powers and duties of the Division of Wildlife Resources or the Wildlife Board over:
(a) conservation and management of protected wildlife within the state;
(b) a program or initiative to restore and conserve habitat for fish and wildlife; or
(c) acquisition, ownership, management, and control of real property or a real property interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2023
79-2-102.
Definitions.
As used in this chapter:
(1) "Conservation officer" is as defined in Section 23A-1-101.
(2) "Species protection" means an action to protect a plant or animal species identified as:
(a) sensitive by the state; or
(b) threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(3) "Volunteer" means a person who donates a service to the department or a division of the department without pay or other compensation.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 201 - Department of Natural Resources created.

Affected by 63I-1-279 on 7/1/2024
Effective 7/1/2023
79-2-201.
Department of Natural Resources created.
(1) There is created the Department of Natural Resources.
(2) The department comprises the following:
(a) Board of Water Resources, created in Section 73-10-1.5;
(b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
(c) Board of State Parks, created in Section 79-4-301;
(d) Office of Energy Development, created in Section 79-6-401;
(e) Wildlife Board, created in Section 23A-2-301;
(f) Board of the Utah Geological Survey, created in Section 79-3-301;
(g) Water Development Coordinating Council, created in Section 73-10c-3;
(h) Division of Water Rights, created in Section 73-2-1.1;
(i) Division of Water Resources, created in Section 73-10-18;
(j) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
(k) Division of Oil, Gas, and Mining, created in Section 40-6-15;
(l) Division of State Parks, created in Section 79-4-201;
(m) Division of Outdoor Recreation, created in Section 79-7-201;
(n) Division of Wildlife Resources, created in Section 23A-2-201;
(o) Utah Geological Survey, created in Section 79-3-201;
(p) Heritage Trees Advisory Committee, created in Section 65A-8-306;
(q) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section 79-7-206;
(r)
(i) an advisory council that includes in the advisory council's duties advising on state boating policy, authorized by Section 73-18-3.5; or
(ii) an advisory council that includes in the advisory council's duties advising on off-highway vehicle use, authorized by Section 41-22-10;
(s) Wildlife Board Nominating Committee, created in Section 23A-2-302;
(t) Wildlife Regional Advisory Councils, created in Section 23A-2-303;
(u) Utah Watersheds Council, created in Section 73-10g-304;
(v) Utah Natural Resources Legacy Fund Board, created in Section 23A-3-305; and
(w) Public Lands Policy Coordinating Office created in Section 63L-11-201.
(3) The department shall provide office space, furnishings, and supplies to the Great Salt Lake commissioner appointed under Section 73-32-201, the Office of the Great Salt Lake Commissioner created in Section 73-32-301, and support staff for the Office of the Great Salt Lake Commissioner.
Amended by Chapter 34, 2023 General Session
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 202 - Executive director -- Appointment -- Removal -- Compensation -- Responsibilities.

Effective 7/1/2022
79-2-202.
Executive director -- Appointment -- Removal -- Compensation -- Responsibilities.
(1)
(a) The chief administrative officer of the department is an executive director appointed by the governor with the advice and consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the department and provide for coordination and cooperation among the boards, divisions, councils, and committees of the department;
(b) approve the budget of each board and division;
(c) participate in regulatory proceedings as appropriate for the functions and duties of the department;
(d) report at the end of each fiscal year to the governor on department, board, and division activities;
(e) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(f) perform other duties as provided by statute.
(3) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the executive director, may accept an executive or legislative provision that is enacted by the federal government, whereby the state may participate in the distribution, disbursement, or administration of a fund or service from the federal government for purposes consistent with the powers and duties of the department.
(4)
(a) The executive director, in cooperation with the governmental entities having policymaking authority regarding natural resources, may engage in studies and comprehensive planning for the development and conservation of the state's natural resources.
(b) The executive director shall submit any plan to the governor for review and approval.
(5) The executive director may coordinate and enter agreements with other state agencies regarding state conservation efforts as defined in Section 4-46-102.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 203 - Policy board members.

79-2-203.
Policy board members.
(1) Members of a policy board within the department shall be appointed consistent with the following criteria:
(a) geographical distribution;
(b) expertise or personal experience with subject matter;
(c) diversity of opinion and political preference; and
(d) gender, cultural, and ethnic representation.
(2) The governor may remove a member at any time for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
(3) No member of the Legislature may serve as a member of a division policy board.
(4)
(a) In addition to the disclosures required by Section 67-16-7, a board member shall disclose any conflict of interest to the board.
(b) Notwithstanding Section 67-16-9, a board member with a substantial conflict may serve on the board if the member refrains from voting on a board action when the conflict involves:
(i) a direct financial interest in the subject under consideration; or
(ii) an entity or asset that could be substantially affected by the outcome of board action.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 204 - Division directors -- Appointment -- Removal -- Jurisdiction of executive director.

79-2-204.
Division directors -- Appointment -- Removal -- Jurisdiction of executive director.
(1)
(a) The chief administrative officer of a division within the department is a director appointed by the executive director with the concurrence of the board having policy authority for the division.
(b) The director of a division may be removed from office by the executive director.
(c) The appointment and term of office of the state engineer, notwithstanding anything to the contrary contained in this section, shall be in accordance with Section 73-2-1.
(2)
(a) The executive director has administrative jurisdiction over a division director for the purpose of implementing department policy as established by the division's board.
(b) The executive director may:
(i) consolidate personnel and service functions in the divisions to effectuate efficiency and economy in the operations of the department;
(ii) establish a departmental services division to perform service functions; and
(iii) employ law enforcement officers and special function officers within the department that have all of the powers of a conservation officer and law enforcement officer, with the exception of the power to serve civil process.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 205 - Procedures -- Adjudicative proceedings.

Effective 7/1/2023
79-2-205.
Procedures -- Adjudicative proceedings.
Except as provided by Sections 40-10-13, 63G-4-102, and 73-2-25, a division, board, council, or committee referred to in Subsection 79-2-201(2) shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative proceeding.
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 2 - Department Creation and Administration › Section 206 - Transition.

Affected by 63I-2-279 on 7/1/2024
Effective 7/1/2022
79-2-206.
Transition.
(1) In accordance with Laws of Utah 2021 Chapter 280, the Department of Natural Resources assumes the policymaking functions, regulatory, and enforcement powers, rights, and duties of the Office of Energy Development existing on June 30, 2021.
(2)
(a) Rules issued by the Office of Energy Development that are in effect on June 30, 2021, are not modified by Laws of Utah 2021 Chapter 280, and remain in effect until modified by the Department of Natural Resources, except that the agency administrating the rule shall be transferred to the Department of Natural Resources in the same manner as the statutory responsibility is transferred under Laws of Utah 2021 Chapter 280.
(b) Rules issued by the Board of Parks and Recreation that are in effect on June 30, 2021, are not modified by Laws of Utah 2021 Chapter 280, and remain in effect until modified by the appropriate entity within the Department of Natural Resources, except that the agency administrating the rule shall be transferred to the appropriate entity within the Department of Natural Resources in the same manner as the statutory responsibility is transferred under Laws of Utah 2021 Chapter 280.
(c) Rules issued by the Office of Outdoor Recreation that are in effect on June 30, 2022, are not modified by Laws of Utah 2022 Chapter 68, and remain in effect until modified by the Department of Natural Resources, except that the agency administrating the rule shall be transferred to the Department of Natural Resources in the same manner as the statutory responsibility is transferred under Laws of Utah 2022 Chapter 68.
(3) A grant, contract, or agreement in effect on June 30, 2021, that is entered into by or issued by the Office of Energy Development remains in effect, except that:
(a) the agency administrating the grant, contract, or agreement shall be transferred to the Department of Natural Resources in the same manner as the statutory responsibility is transferred under Laws of Utah 2021 Chapter 280; and
(b) the grant, contract, or agreement is subject to its terms and may be terminated under the terms of the grant, contract, or agreement.
(4)
(a) A grant that is entered into or issued by the Utah Office of Outdoor Recreation remains in effect, except that:
(i) the agency administrating the grant shall be transferred to the Division of Outdoor Recreation in the same manner as the statutory responsibility is transferred under Laws of Utah 2021 Chapter 280 and Laws of Utah 2022 Chapter 68; and
(ii) the grant is subject to the terms of the grant and may be terminated under the terms of the grant.
(b) In accordance with Laws of Utah 2022 Chapter 68, the Department of Natural Resources assumes the policymaking functions, regulatory, and enforcement powers, rights, and duties of the Office of Outdoor Recreation existing on June 30, 2022.
Amended by Chapter 68, 2022 General Session
Revisor instructions Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 3 - Finances › Section 301 - Budget.

79-2-301.
Budget.
(1) The department shall prepare and submit to the governor, to be included in the budget to be submitted to the Legislature, a budget of the department's requirements for expenses in carrying out the provisions of law during the fiscal year next following the convening of the Legislature.
(2) The director of each division shall prepare, with the advice of the division's policy board, a budget of expenses for the next fiscal year, which shall be submitted to the executive director to aid in the preparation of the departmental budget.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 3 - Finances › Section 302 - Fees.

79-2-302.
Fees.
(1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department.
(2) A fee described in Subsection (1) shall:
(a) be reasonable and fair; and
(b) reflect the cost of services provided.
(3) The department shall submit a fee established under this section to the Legislature as part of the department's annual appropriations request.
(4) The department may not charge or collect a fee established under this section without approval of the Legislature.
Enacted by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 3 - Finances › Section 303 - Species Protection Account.

79-2-303.
Species Protection Account.
(1) There is created within the General Fund a restricted account known as the Species Protection Account.
(2) The account shall consist of:
(a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23, Brine Shrimp Royalty Act; and
(b) interest earned on money in the account.
(3) Money in the account may be appropriated by the Legislature to:
(a) develop and implement species status assessments and species protection measures;
(b) obtain biological opinions of proposed species protection measures;
(c) conduct studies, investigations, and research into the effects of proposed species protection measures;
(d) verify species protection proposals that are not based on valid biological data;
(e) implement Great Salt Lake wetlands mitigation projects in connection with the western transportation corridor;
(f) pay for the state's voluntary contributions to the Utah Reclamation Mitigation and Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575, Titles II-VI, 106 Stat. 4605-4655; and
(g) pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine Shrimp Royalty Act.
(4) The purposes specified in Subsections (3)(a) through (3)(d) may be accomplished by the state or, in an appropriation act, the Legislature may authorize the department to award grants to political subdivisions of the state to accomplish those purposes.
(5) Money in the account may not be used to develop or implement a habitat conservation plan required under federal law unless the federal government pays for at least 1/3 of the habitat conservation plan costs.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 4 - Miscellaneous › Section 401 - Volunteer workers authorized.

Effective 7/1/2021
79-2-401.
Volunteer workers authorized.
(1) The department and its divisions may use volunteer workers to supplement the salaried work force.
(2) A volunteer may be reimbursed for expenses actually and necessarily incurred, including transportation, meals, lodging, uniforms, and other items as approved by the Division of Finance, in the amounts and in accordance with the rules of the Division of Finance.
(3) A volunteer is considered an employee of the state for the purposes stated in Section 67-20-3.
(4) A volunteer may not donate a service to the department or a division unless the work program in which the volunteer would serve has first been approved, in writing, by the executive director and the director of the Division of Human Resource Management.
(5) Volunteer services shall comply with the rules adopted by the Division of Human Resource Management relating to the services that are not inconsistent with this section.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 4 - Miscellaneous › Section 403 - Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.

79-2-403.
Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the department buys, sells, or exchanges real property, the department shall make rules to ensure that the value of the real property is congruent with the proposed price and other terms of the purchase, sale, or exchange.
(2) The rules:
(a) shall establish procedures for determining the value of the real property;
(b) may provide that an appraisal, as defined under Section 61-2g-102, demonstrates the real property's value; and
(c) may require that the appraisal be completed by a state-certified general appraiser, as defined under Section 61-2g-102.
(3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or to an interest in real property:
(a) that is under a contract or other written agreement before May 5, 2008; or
(b) with a value of less than $100,000, as estimated by the state agency.
Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 4 - Miscellaneous › Section 405 - Radon study.

Effective 5/5/2021
79-2-405.
Radon study.
(1) As used in this section:
(a) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee.
(b) "Department" means the Department of Natural Resources.
(2) The department shall study and make recommendations to the committee on:
(a) ways to increase public education and outreach regarding the risks of radon gas, consistent with best available science and taking into account divergent scientific views; and
(b) ways to mitigate Utah residents' exposure to radon based on a scientifically sound cost benefit analysis.
(3) The department may recommend legislation to the committee.
(4) As part of the study described in Subsection (2), the department shall consult with public and private individuals and entities that may be necessary or helpful to accomplishing the goals described in Subsection (2), which may include:
(a) the Utah Department of Environmental Quality;
(b) the Utah Department of Health;
(c) an individual or entity that possesses expertise in the field of radon testing and mitigation;
(d) an individual or entity that represents the real estate field;
(e) an individual or entity that represents the construction industry;
(f) an individual or entity that represents a local health department;
(g) the state geologist or another individual or entity that possesses expertise in geology; or
(h) a non-profit entity that is engaged in radon gas education or mitigation efforts.
(5)
(a) The department shall provide a report on the status of the department's study during or before the November interim meeting in 2021.
(b) The department shall provide a final report of the department's study and recommendations, including any recommended legislation, during or before the first interim meeting in 2022.
Enacted by Chapter 87, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 4 - Miscellaneous › Section 406 - Wetlands -- In-lieu fee program study.

Effective 5/4/2022
79-2-406.
Wetlands -- In-lieu fee program study.
(1) As used in this section, "committee" means the Natural Resources, Agriculture, and Environment Interim Committee.
(2) The department shall publish, on the department's website, the land use permits collected by the Utah Geological Survey pursuant to Subsection 79-3-202(1)(r).
(3)
(a) The department shall study and make recommendations to the committee on the viability of an in-lieu fee program for wetland mitigation, including:
(i) the viability of the state establishing and administering an in-lieu fee program; and
(ii) the viability of the state partnering with a private organization to establish and administer an in-lieu fee program.
(b) As part of the study described in Subsection (3)(a), the department shall consult with public and private individuals and entities that may be necessary or helpful to the establishment or administration of an in-lieu fee program for wetland mitigation, which may include:
(i) the Utah Department of Environmental Quality;
(ii) the United States Army Corps of Engineers;
(iii) the United States Fish and Wildlife Service;
(iv) the United States Environmental Protection Agency; or
(v) a non-profit entity that has experience with the establishment and administration of in-lieu fee programs.
(c) The department shall provide a report on the status of the department's study during or before the committee's November interim meeting in 2022.
(d) The department shall provide a final report of the department's study and recommendations, including any recommended legislation, during or before the committee's first interim meeting in 2023.
Enacted by Chapter 216, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 4 - Miscellaneous › Section 407 - Study of funding for water infrastructure costs.

Affected by 63I-2-279 on 7/1/2025
Effective 5/3/2023
79-2-407.
Study of funding for water infrastructure costs.
(1) The department shall:
(a) study the use of property tax revenue for payment of costs related to supplying drinking and irrigation water, including infrastructure, treatment, and delivery; and
(b) make recommendations for funding of the costs described in Subsection (1)(a).
(2) As part of the study and to prepare the recommendations described in Subsection (1), the department shall:
(a) analyze the use of tax revenue for water infrastructure in other states with similar climate and water supply challenges as the state of Utah;
(b) review the use of property tax revenue for construction, operation, maintenance, repair, and replacement of water facilities, including facilities related to:
(i) diversion, treatment, and storage of drinking and irrigation water; and
(ii) the delivery of drinking and irrigation water to end users;
(c) investigate policies that would ensure all users contribute to the cost of water infrastructure;
(d) identify methods of developing tiered water rate structures that promote water conservation and ensure reasonable revenue stability;
(e) analyze the effect of eliminating or reducing property tax revenue as a funding source for costs related to water infrastructure, treatment, or delivery, including:
(i) the effect on retail water rates and retail customer water use and demand;
(ii) wholesale water suppliers' ability to prepare for anticipated local and regional water demand; and
(iii) water development costs associated with new growth; and
(f) identify and study any water conservancy district or special service district that levies a property tax for a purpose described in Subsection (1)(a) but does not provide water service.
(3) The department shall convene a working group consisting of a wide range of stakeholders with diverse interests, including those with expertise in water development and delivery, tax policy, and water funding, to help the department conduct the study and develop the recommendations described in this section.
(4) On or before October 30, 2024, the department shall provide a written report of the department's findings, including any recommended legislative action, to the Natural Resources, Agriculture, and Environment Interim Committee and the Revenue and Taxation Interim Committee.
Enacted by Chapter 221, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 5 - Sage Grouse Management and Protection › Section 502 - Definitions.

Effective 5/10/2016
79-2-502.
Definitions.
As used in this part:
(1) "Compensatory mitigation" means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks.
(2) "Conservation plan" means the current version of the "Conservation Plan for Greater Sage-grouse in Utah" developed by the state and approved by the governor.
(3) "Permanently disturb" means an action that disrupts the common activities of sage grouse for a period of more than five years and includes all areas where the effects of the action could be expected to disrupt the common activities of sage grouse for a period of more than five years.
(4) "Person" means:
(a) an individual;
(b) a corporation;
(c) a limited liability company;
(d) a partnership;
(e) an association;
(f) a trust; or
(g) a voluntary organization.
(5) "Program" means the Sage Grouse Compensatory Mitigation Program created under Section 79-2-504.
(6) "Sage grouse" means the greater sage-grouse, or the species centrocercus urophasianus.
Enacted by Chapter 358, 2016 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 5 - Sage Grouse Management and Protection › Section 503 - Scope.

Effective 5/10/2016
79-2-503.
Scope.
Nothing in this part requires a person, whether public or private, to participate in the program.
Enacted by Chapter 358, 2016 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 5 - Sage Grouse Management and Protection › Section 504 - Program creation -- Administration.

Effective 5/10/2016
79-2-504.
Program creation -- Administration.
(1) There is created the Sage Grouse Compensatory Mitigation Program to mitigate the impacts of development or disturbance of sage grouse habitat by:
(a) creating and preserving habitat for the long-term conservation of sage grouse in the state in a manner that minimizes impacts to economic growth;
(b) establishing a mechanism by which conservation banks may operate in Utah to achieve compensatory mitigation; and
(c) establishing a mechanism by which a person or a governmental entity may voluntarily complete compensatory mitigation.
(2)
(a) The department shall administer the program and may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program in accordance with the provisions of this part.
(b) A rule made under Subsection (2)(a) shall be consistent with:
(i) the requirements of Section 79-2-505;
(ii) the goals and objectives described in the conservation plan, including avoiding and minimizing habitat disturbances and mitigation impacts to sage grouse habitat; and
(iii) to the greatest extent possible, any local programs for the conservation of sage grouse habitat.
(c) Before making any rules under this chapter, the department shall:
(i) create a plan by which the requirements of this chapter will be met; and
(ii) before November 1, 2016, present the plan to the Natural Resources, Agriculture, and Environment Interim Committee.
Enacted by Chapter 358, 2016 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 5 - Sage Grouse Management and Protection › Section 505 - Department duties.

Effective 5/10/2016
79-2-505.
Department duties.
(1) In administering the program created in Section 79-2-504, the department shall:
(a) create a system through which:
(i) a person may:
(A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and
(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;
(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;
(iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and
(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;
(b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);
(c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and
(d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.
(2) The state's total cost described under Subsection (1)(a)(iii) may include costs associated with the department's administration of the program.
Enacted by Chapter 358, 2016 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 601 - Definitions.

Effective 7/1/2023
79-2-601.
Definitions.
As used in this part:
(1) "Administrative costs" means the costs of administering the initiative, including costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and office supplies.
(2) "Director" means the director of the initiative who is appointed under Section 79-2-602.
(3) "Division" means the Division of Wildlife Resources created in Section 23A-2-201.
(4) "Initiative" means the Watershed Restoration Initiative created in Section 79-2-602.
(5) "Restoration" means to assist the recovery of ecosystems and ecosystem services that have been mismanaged, degraded, or destroyed.
(6) "Watershed" means the geographical surface area that drains water into a stream, river, or other body of water.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 602 - Watershed Restoration Initiative -- Creation -- Objectives.

Effective 5/4/2022
79-2-602.
Watershed Restoration Initiative -- Creation -- Objectives.
(1) There is created within the department the Watershed Restoration Initiative under the general supervision of the executive director.
(2) The policies and objectives of the initiative are to manage, restore, and improve watershed ecosystems throughout the state by focusing on improving:
(a) watershed health and biological diversity;
(b) water quality and yield; and
(c) opportunities for sustainable uses of natural resources.
(3) Consistent with this part, the initiative may integrate, coordinate, or partner with federal, state, local, private, and non-profit plans and programs to further the initiative's objectives.
(4) To achieve and implement the policies and objectives under Subsection (2), the initiative shall:
(a) develop and oversee a watershed restoration project proposal process to develop statewide watershed restoration priorities, including ranking criteria;
(b) maintain a website that includes:
(i) an events calendar;
(ii) tracking of watershed restoration projects;
(iii) a description of the watershed restoration project proposal process, including applicable ranking criteria; and
(iv) the name and contact information of each person with decision-making responsibilities related to ranking and selecting watershed restoration project proposals;
(c) organize and oversee a biennial statewide watershed restoration workshop;
(d) assign funding to watershed restoration projects, and manage and track project budgets;
(e) provide initiative partners with contract support, reporting, and tracking assistance regarding incoming and outgoing watershed restoration project funds;
(f) ensure that watershed restoration projects meet applicable cultural resource requirements;
(g) upon request and as appropriate, provide performance reporting and initiative information to the media, partners, and the executive and legislative branches of state government;
(h) prepare and provide training and technical support for watershed restoration project managers; and
(i) provide the executive director with reports and recommendations regarding the initiative's performance and funding.
Enacted by Chapter 51, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 603 - Director -- Appointment -- Qualifications -- Staff.

Effective 5/4/2022
79-2-603.
Director -- Appointment -- Qualifications -- Staff.
(1) The executive director shall appoint a director to administer the initiative.
(2) The director shall:
(a) be the executive and administrative head of the initiative; and
(b) have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the initiative's affairs.
(3) The director is appointed by the executive director.
(4)
(a) The department shall staff the initiative.
(b) With approval of the executive director and the division director, and under the direction of the director, division staff with relevant expertise or experience may assist the director with administering the initiative.
Enacted by Chapter 51, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 604 - Funding.

Effective 5/4/2022
79-2-604.
Funding.
The initiative is funded from the following sources:
(1) appropriations made to the initiative by the Legislature; and
(2) contributions, including in-kind assistance, from other public and private sources.
Enacted by Chapter 51, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 605 - Reporting.

Effective 5/4/2022
79-2-605.
Reporting.
The initiative shall prepare and submit to the Natural Resources, Agriculture, and Environment Interim Committee, on or before November 1 of each year, an annual report that includes:
(1) by source, the initiative's total annual resources, including partner funds;
(2) the initiative's historical annual funding amounts from year to year;
(3) the total amount of state funding used to leverage non-state partner resources;
(4) the total administrative costs related to the initiative, including the costs of each initiative partner that receives funds through the initiative; and
(5) performance metrics that demonstrate the initiative's impact and effectiveness.
Enacted by Chapter 51, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 2 - Department of Natural Resources › Part 6 - Watershed Restoration Initiative › Section 606 - Watershed Restoration Expendable Special Revenue Fund -- Creation -- Source of funds -- Use of funds.

Effective 5/4/2022
79-2-606.
Watershed Restoration Expendable Special Revenue Fund -- Creation -- Source of funds -- Use of funds.
(1) As used in this section, "fund" means the Watershed Restoration Expendable Special Revenue Fund created in Subsection (2).
(2) There is created an expendable special revenue fund known as the "Watershed Restoration Expendable Special Revenue Fund."
(3) The fund consists of:
(a) gifts, grants, donations, contributions, or any other conveyance of money that may be made to the fund from public or private sources; and
(b) interest and earnings on fund money.
(4) The state treasurer shall:
(a) invest money in the fund in accordance with the Title 51, Chapter 7, State Money Management Act; and
(b) deposit interest and earnings derived from investing fund money into the fund.
(5) The director may only use fund money for a watershed restoration project designated or approved by the donor.
Enacted by Chapter 51, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 1 - General Provisions › Section 102 - Definitions.

79-3-102.
Definitions.
As used in this chapter:
(1) "Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state.
(2) "Board" means the Board of the Utah Geological Survey.
(3) "Collection" means a specimen and the associated records documenting the specimen and its recovery.
(4) "Critical paleontological resources" means vertebrate fossils and other exceptional fossils that are designated state paleontological landmarks as provided for in Section 79-3-505.
(5) "Curation" means:
(a) management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions; and
(b) providing access to and facilities for studying collections.
(6) "Curation facility" is as defined in Section 53B-17-603.
(7) "Director" means the director of the survey.
(8) "Excavate" means the recovery of critical paleontological resources.
(9) "Museum" means the Utah Museum of Natural History.
(10) "Paleontological resources" means remains of prehistoric life pertaining to the natural history of the state.
(11) "Repository" is defined as provided in Section 53B-17-603.
(12) "School and institutional land grants" means the transfer of properties pursuant to Sections 6 and 8 of the Utah Enabling Act and Utah Constitution Article XX.
(13) "School and institutional trust lands" are those properties defined in Section 53C-1-103.
(14) "Site" means any paleontological deposit or other location that is the source of a specimen.
(15) "Specimen" means remains of a critical paleontological nature found on or below the surface of the earth.
(16) "State Paleontological Register" means a register of paleontological sites and localities.
(17) "Survey" means the Utah Geological Survey.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 2 - Utah Geological Survey › Section 201 - Establishment of survey within the department -- General supervision of the survey.

79-3-201.
Establishment of survey within the department -- General supervision of the survey.
The survey is established within the department under:
(1) the administration and general supervision of the executive director; and
(2) the policy direction of the board.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 2 - Utah Geological Survey › Section 203 - Director of survey -- Designation as state geologist -- Qualifications -- Duties and authority.

79-3-203.
Director of survey -- Designation as state geologist -- Qualifications -- Duties and authority.
(1) The director is:
(a) the executive and administrative head of the survey; and
(b) designated the state geologist.
(2) The director's qualifications shall include:
(a) graduation from a recognized university; and
(b) demonstrated competency in:
(i) the science of geology; and
(ii) administration.
(3)
(a) The director administers the survey for the benefit of the public.
(b) A person may not call upon or require the director or his associates to enter upon any special survey for the benefit of that person.
(4) The director, subject to review by the board and approval by the executive director of the department, may initiate cooperative agreements with private companies or parties or state or federal agencies to carry out the provisions of this chapter.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 2 - Utah Geological Survey › Section 204 - Personnel of survey -- Employment -- Restrictions -- Salaries and benefits.

79-3-204.
Personnel of survey -- Employment -- Restrictions -- Salaries and benefits.
(1) The director, after consultation with the board and approval by the executive director, shall select, employ, or contract for qualified individuals and services required to carry out the provisions of this chapter within the authorized programs and within the allocated and budgeted funds.
(2)
(a) Persons retained on a contract basis act in the capacity of independent contractors and are not subject to the Utah State Personnel Management Act.
(b) Each contract written for the services described in Subsection (1) shall include the information in this Subsection (2).
(3)
(a) An employee of the survey may not:
(i) have an interest in lands within the state that creates a conflict of interest harmful to the goals and objectives of the survey; or
(ii) obtain financial gain by reason of information obtained through work as an employee of the survey.
(b) The board shall resolve questions regarding potential conflicts and financial gain.
(c) For permanent employees, the restriction in Subsection (3)(a) is terminated at the end of a two-year period following termination of service or, with respect to information which is confidential and not a public record, for however long the information is classified as confidential and not a public record, whichever period of time is longer.
(d) The time periods established in Subsection (3)(c), which can be modified only after publication of the data, apply to contractors or consultants employed on special problems.
(4)
(a) A survey employee may not engage in outside or private work which is or can be in conflict with the operations, goals, and objectives of the survey.
(b) The board shall resolve issues regarding outside or private work by a survey employee.
(5) Survey personnel are paid in accordance with state salary schedules and are subject to state benefit and retirement programs.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 2 - Utah Geological Survey › Section 205 - Investigatory powers and immunities of survey personnel.

79-3-205.
Investigatory powers and immunities of survey personnel.
(1) Authorized survey personnel, after providing reasonable notification and identification, have the right to enter all lands subject to the police power of the state for the purpose of securing geologic, topographic, and mineral and water resource information or specimens and samples required by the survey in fulfillment of its objectives.
(2) Survey personnel are immune from trespass while engaged on official business.
Renumbered and Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 3 - Utah Geological Survey › Part 3 - Board of Utah Geological Survey › Section 301 - Board of Utah Geological Survey created.

79-3-301.
Board of Utah Geological Survey created.
(1) There is created within the department the Board of the Utah Geological Survey.
(2) The board is the policymaking body for the survey.
Renumbered and Amended by Chapter 344, 2009 General Session