reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 506 - Right-of-way corridors -- Criteria and procedures applicable for designation.

Effective 5/10/2016
63L-8-506.
Right-of-way corridors -- Criteria and procedures applicable for designation.
(1) Utilization of a right-of-way in common is suggested to the extent practical in order to minimize adverse environmental impacts and the proliferation of separate rights-of-way.
(2) In designating a right-of-way corridor, the director shall take into consideration:
(a) national, state, and local land use policies;
(b) environmental quality;
(c) economic efficiency;
(d) national security;
(e) safety;
(f) good engineering and technological practices; and
(g) wildlife and wildlife habitat impacts.
(3) The director shall issue rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, containing the criteria and procedures the DLM shall use in designating such a corridor.
(4) An existing transportation or utility corridor may be designated as a transportation or utility corridor without further review.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 507 - General requirements.

Effective 5/10/2016
63L-8-507.
General requirements.
(1)
(a) Each land use authorization granted, issued, or renewed shall be limited to a reasonable term in light of all circumstances concerning the project, not exceeding 5 years.
(b) In determining the duration of a land use authorization, the director shall:
(i) take into consideration the cost of the facility, the facility's useful life, and any public purpose the facility serves; and
(ii) specify whether the land use authorization is or is not renewable and the terms and conditions applicable to the renewal.
(2) A land use authorization shall be granted, issued, or renewed:
(a) pursuant to this chapter;
(b) consistent with rules issued by the DLM in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(c) subject to such terms and conditions as the director prescribes regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination.
(3) Before granting or issuing a land use authorization pursuant to this part for a new project that may have a significant impact on the environment, the director shall require the applicant to submit a plan of construction, operation, mitigation, and rehabilitation for the land use authorization.
(4) The director shall issue rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with respect to the terms and conditions that will be included in a land use authorization.
(5) The director shall provide for cost-sharing agreements for the construction and maintenance of land use authorization facilities, pursuant to rules for such arrangements issued by the DLM.
(6) Money received for reimbursement of reasonable costs shall be:
(a) deposited into the Public Land Management Fund created in Section 63L-8-308; and
(b) authorized to be appropriated and made available until expended.
(7)
(a) The director shall promulgate rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the extent to which a holder of a right-of-way may be liable to the state for damage or injury incurred by the state caused by the use and occupancy of the land use authorization.
(b) The rules described in Subsection (7)(a) shall also specify the extent to which a holder of a right-of-way shall indemnify or hold harmless the state for liabilities, damages, or claims caused by the use and occupancy of the right-of-way.
(8) The director may require a holder of a land use authorization to furnish a bond or other security to secure all or any of the obligations imposed by the terms and conditions of the right-of-way.
(9) The director may grant, issue, or renew a land use authorization under this part if the director is satisfied that the applicant has the technical and financial capability to construct the project for which the right-of-way is requested.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 508 - Terms and conditions.

Effective 5/10/2016
63L-8-508.
Terms and conditions.
Each land use authorization shall contain terms and conditions that:
(1) carry out the purposes of this chapter and rules issued under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2) minimize damage to scenic and esthetic values, fish and wildlife habitat, and otherwise protect the environment;
(3) require compliance with applicable air and water quality standards established by applicable federal or state law;
(4) require compliance with state standards for public health and safety, environmental protection, siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable federal standards; and
(5) are necessary to:
(a) protect state property and economic interests;
(b) efficiently manage the land that is subject to the land use authorization; and
(c) protect the other lawful users of the lands adjacent to or traversed by the land that is subject to the land use authorization.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 509 - Suspension or termination -- Grounds -- Procedures applicable.

Effective 5/10/2016
63L-8-509.
Suspension or termination -- Grounds -- Procedures applicable.
(1) The following are grounds for suspension or termination of a land use authorization:
(a) abandonment; or
(b) noncompliance with:
(i) a provision of this chapter;
(ii) an applicable rule established by the DLM in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(iii) a term or condition of the land use authorization.
(2) The director may terminate or suspend a land use authorization by providing notice to the land use authorization holder and, if required, an administrative proceeding, upon finding that:
(a) a condition described in Subsection (1) has been met; and
(b) the suspension or termination serves the best interest of:
(i) the citizens of the state; or
(ii) a land use plan established pursuant to Section 63L-8-202.
(3) The administrative proceeding described in Subsection (2):
(a) shall be conducted according to rules established by the DLM, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) shall comply with Title 63G, Chapter 4, Administrative Procedures Act; and
(c) is not required if the land use authorization, by its terms, terminates on the occurrence of a fixed or agreed-upon condition, event, or time.
(4) If the director determines that an immediate temporary suspension of activities within a land use authorization for violation of its terms and conditions is necessary to protect public health or safety or the environment, the director may abate the activities before an administrative proceeding.
(5) Before commencing a proceeding to suspend or terminate a land use authorization, the director shall give written notice to the holder of the grounds for suspension or termination.
(6)
(a) Except as provided in Subsection (6)(b), failure of the land use authorization holder to use the right-of-way for the purpose for which it was granted, issued, or renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment of the right-of-way.
(b) Where the failure of the holder to use the land use authorization for the purpose for which it was granted, issued, or renewed for any continuous five-year period is due to circumstances beyond the holder's control, the director is not required to commence proceedings to suspend or terminate the right-of-way.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 510 - Rights-of-way for state departments and agencies.

Effective 5/10/2016
63L-8-510.
Rights-of-way for state departments and agencies.
The director may issue a land use authorization upon or under public land to a department or agency of the state, subject to such terms and conditions as the director imposes.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 511 - Applicability.

Effective 5/10/2016
63L-8-511.
Applicability.
(1) No land use authorization shall be granted, issued, or renewed over, upon, under, or through public land, except as described in this part.
(2) Nothing in this part shall be construed to preclude the use of public land covered by this section for a highway purpose.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 6 - Contingent Effective Date › Section 602 - Effective date.

Effective 5/9/2017
63L-8-602.
Effective date.
This chapter becomes effective upon the day the state receives title to at least 250,000 acres of public land from the federal government pursuant to Section 63L-6-103.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 9 - Department of Land Management › Section 102 - Creation of the Department of Land Management.

Effective 5/9/2017
63L-9-102.
Creation of the Department of Land Management.
(1) There is created a Department of Land Management.
(2) The department shall be staffed:
(a) upon the state receiving title to at least 250,000 acres of public land from the federal government pursuant to Section 63L-6-103; and
(b) as funding appropriated by the Legislature allows.
(3) The department may sue and be sued as required to carry out the purposes of this chapter and Title 63L, Chapter 8, Utah Public Land Management Act.
Renumbered and Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 9 - Department of Land Management › Section 103 - Director.

Effective 5/12/2020
63L-9-103.
Director.
(1) Upon the requirements described in Subsection 63L-9-102(2) being fulfilled, the governor shall, with the advice and consent of the Senate, appoint a director of the Department of Land Management.
(2) The director shall:
(a) be the executive and administrative head of the Department of Land Management;
(b) have demonstrated ability and experience in the administration and management of state or federal lands;
(c) not hold any other public office or be involved in a political party or organization; and
(d) hire personnel to staff the department.
(3) The director shall have:
(a) executive authority and control of the Department of Land Management; and
(b) authority over all personnel matters.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 63L - Lands › Chapter 9 - Department of Land Management › Section 104 - Public Land Management Advisory Board.

Effective 5/9/2017
63L-9-104.
Public Land Management Advisory Board.
(1) There is created the Public Land Management Advisory Board.
(2) The board consists of the following 11 members:
(a) the lieutenant governor, or the lieutenant governor's designee;
(b) one representative, appointed by the governor, who represents the interests of oil, gas, and mining;
(c) one representative, appointed by the governor, who represents the interests of agriculture;
(d) one representative, appointed by the governor, who represents the interests of outdoor recreation;
(e) one representative, appointed by the governor, who represents the interests of environmental groups;
(f) three representatives, appointed by the governor, who represent the interests of county commissioners;
(g) one representative, appointed by the governor, who represents the interests of rural transportation;
(h) one representative, appointed by the governor, who represents the interests of wildlife management; and
(i) one representative, appointed by the governor, who represents the interests of forest management.
(3)
(a) Members shall be appointed for a term of four years.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms of the members described in Subsections (2)(b) through (i) to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years.
(4) A member may serve more than one term.
(5) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's term.
(6) When a vacancy occurs in the membership for any reason, a replacement shall be appointed for the unexpired term.
(7) The board shall elect annually a chair and a vice chair from the board's members.
(8)
(a) The board shall meet at least quarterly.
(b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of three members of the board.
(c) Three days' notice shall be given to each member of the board before a meeting.
(9) Six members constitute a quorum at a meeting, and the action of a majority of members present is the action of the board.
(10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 9 - Department of Land Management › Section 105 - Department of Land Management duties.

Effective 5/9/2017
63L-9-105.
Department of Land Management duties.
The department shall manage and administer all public land, as defined in Section 63L-8-102, consistent with the procedures, policies, and directives in Title 63L, Chapter 8, Utah Public Land Management Act.
Renumbered and Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 10 - Statewide Resource Management Plan › Section 102 - Definitions.

Effective 7/1/2021
63L-10-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Federalism Commission.
(2) "Office" means the Public Lands Policy Coordinating Office established in Section 63L-11-201.
(3) "Plan" means the statewide resource management plan, created pursuant to Section 63L-11-203 and adopted in Section 63L-10-103.
(4) "Public lands" means:
(a) land other than a national park that is managed by the United States Parks Service;
(b) land that is managed by the United States Forest Service; and
(c) land that is managed by the Bureau of Land Management.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 10 - Statewide Resource Management Plan › Section 103 - Statewide resource management plan adopted.

Effective 5/3/2023
63L-10-103.
Statewide resource management plan adopted.
(1)
(a) The statewide resource management plan, dated January 9, 2023, and on file with the office, is adopted.
(b) The plan referred to in Subsection (1)(a) replaces and supersedes the plan dated November 10, 2021.
(2) The office shall, to the extent possible and as funding allows, monitor federal, state, and local government compliance with the plan.
(3)
(a) If the office finds the need to modify the plan, the office shall notify the commission of the modification and the office's reasoning for the modification.
(b) The office shall coordinate with the commission to discuss policy direction and to draft any modifications to the plan.
(4)
(a) The commission may request additional information of the office regarding any modifications to the plan, as described in Subsection (3).
(b) The office shall promptly respond to any request for additional information, as described in Subsection (4)(a).
(c) The commission may make a recommendation that the Legislature approve a modification or disapprove a modification, or the commission may decline to take action.
(5) The office shall annually:
(a) prepare a report detailing any modifications the office recommends for the plan and deliver the report to the commission before August 31; and
(b) report on the implementation of the plan at the federal, state, and local levels to the commission before August 31.
(6)
(a) If the commission makes a recommendation that the Legislature approve a modification to the plan, the commission shall prepare a bill in anticipation of the annual general session of the Legislature for approval of the modification.
(b) A modification to the plan does not take effect until approved by the Legislature.
Amended by Chapter 108, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 10 - Statewide Resource Management Plan › Section 104 - Policy statement.

Effective 5/14/2019
63L-10-104.
Policy statement.
(1) Except as provided in Subsection (2), state agencies and political subdivisions shall refer to and substantially conform with the statewide resource management plan when making plans for public lands or other public resources in the state.
(2)
(a) The office shall, as funding allows, maintain a record of all state agency and political subdivision resource management plans and relevant documentation.
(b) On an ongoing basis, state agencies and political subdivisions shall keep the office informed of any substantive modifications to their resource management plans.
(c) On or before August 31 of each year, the office shall provide a report to the commission that includes the following:
(i) any modifications to the state agency or political subdivision resource management plans that are inconsistent with the statewide resource management plan;
(ii) a recommendation as to how an inconsistency identified under Subsection (2)(c)(i), if any, should be addressed; and
(iii) a recommendation:
(A) as to whether the statewide resource management plan should be modified to address any inconsistency identified under Subsection (2)(c)(i); or
(B) on any other modification to the statewide resource management plan the office determines is necessary.
(3)
(a) Subject to Subsection (3)(b), nothing in this section preempts the authority granted to a political subdivision under:
(i)Title 10, Chapter 8, Powers and Duties of Municipalities, or Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
(ii)Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(b) Federal regulations state that, when state and local government policies, plans, and programs conflict, those of higher authority will normally be followed.
Amended by Chapter 246, 2019 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
63L-11-102.
Definitions.
As used in this chapter:
(1) "Coordinating committee" means the committee created in Section 63L-11-401.
(2) "Executive director" means the public lands policy executive director appointed under Section 63L-11-201.
(3) "Office" means the Public Lands Policy Coordinating Office created in Section 63L-11-201.
(4) "Political subdivision" means:
(a) a county, municipality, special district, special service district, school district, or interlocal entity, as defined in Section 11-13-103; or
(b) an administrative subunit of an entity listed in Subsection (4)(a).
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 1 - General Provisions › Section 103 - Interrelationship with other law.

Effective 7/1/2021
63L-11-103.
Interrelationship with other law.
(1) Notwithstanding any provision of Section 63J-8-105.5, the state is committed to establishing and administering an effective statewide conservation strategy for greater sage grouse.
(2) Nothing in this chapter may be construed to restrict or supersede the planning powers conferred upon departments, agencies, instrumentalities, or advisory councils of the state or the planning powers conferred upon political subdivisions by any other existing law.
(3) Nothing in this chapter may be construed to affect any lands withdrawn from the public domain for military purposes to be administered by the United States Army, Air Force, or Navy.
Enacted by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 2 - Public Lands Policy Coordinating Office › Section 201 - Public Lands Policy Coordinating Office -- Executive director -- Appointment -- Qualifications -- Compensation.

Effective 7/1/2021
63L-11-201.
Public Lands Policy Coordinating Office -- Executive director -- Appointment -- Qualifications -- Compensation.
(1) There is created within the Department of Natural Resources the Public Lands Policy Coordinating Office to be administered by an executive director.
(2) The executive director shall be appointed by the governor with the advice and consent of the Senate and shall serve at the pleasure of the governor.
(3) The executive director shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the office's affairs.
(4)
(a) The executive director and employees of the office shall receive compensation as provided in Title 63A, Chapter 17, Utah State Personnel Management Act.
(b) The office space for the executive director and employees of the office shall be in a building where the Department of Natural Resources is located.
Amended by Chapter 345, 2021 General Session
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 2 - Public Lands Policy Coordinating Office › Section 204 - Canyon resource management plan.

Affected by 63I-1-263 on 7/1/2025
Effective 5/3/2023
63L-11-204.
Canyon resource management plan.
(1) As used in this section:
(a) "Canyon" means Provo Canyon, located within Utah County and Wasatch County.
(b) "County" means Utah County or Wasatch County.
(c) "Interlocal agreement" means an agreement made between one or more political subdivisions.
(d) "Office" means the Public Lands Policy Coordinating Office.
(e) "Plan" means a canyon resource management plan described in Subsection (2).
(f) "Political subdivision" means a county, city, town, or special district.
(2) In accordance with this section:
(a) the office, upon request from a county or through an interlocal agreement, shall coordinate with the county to assist with the creation of a canyon resource management plan for the canyon; and
(b) the office may provide a portion of the funds necessary to create the plan as appropriated by the Legislature.
(3) The plan shall:
(a) inventory the recreation assets, resources, and opportunities in the canyon;
(b) identify risks to recreation and options to mitigate those risks;
(c) identify and prioritize the present and future recreational needs of the canyon; and
(d) for each need identified under Subsection (3)(c):
(i) establish defined objectives; and
(ii) outline general policies and guidelines for how the objectives described in Subsection (3)(d)(i) may be accomplished, including policies to incentivize stakeholders' participation in accomplishing the objectives.
(4) The county may prepare the plan in a format that may be used as a template for the creation of other canyon recreation and resource management plans.
(5) To prepare the plan the county may:
(a) utilize data and information prepared for the statewide resource management plan described in Section 63L-10-101, a county resource management plan described in Section 63L-11-203, a comprehensive plan for the outdoor recreation resources of the state described in Section 79-7-302, or other state or local plans or policies;
(b) request the reasonable assistance of an agency, department, division, institution, or official of the state; or
(c) coordinate with the canyon's stakeholders, including:
(i) political subdivisions whose geographic boundaries include or abut the canyon;
(ii) owners of private property or water rights in the canyon;
(iii) federal agencies that manage property in the canyon; or
(iv) any state agency, department, division, or institution that owns or manages land in the canyon.
(6) An agency, department, division, institution, or official of the state shall provide reasonable assistance to the office upon the office's request under Subsection (5)(b).
Enacted by Chapter 104, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 3 - Office Duties Related to Federal Land › Section 304 - Public lands transfer study and economic analysis -- Report.

Effective 7/1/2021
63L-11-304.
Public lands transfer study and economic analysis -- Report.
(1) As used in this section:
(a) "Public lands" means the same as that term is defined in Section 63L-6-102.
(b) "Transfer of public lands" means the transfer of public lands from federal ownership to state ownership.
(2) The office shall, on an ongoing basis, report to the Federalism Commission regarding the ramifications and economic impacts of the transfer of public lands.
(3) The office shall:
(a) on an ongoing basis, discuss issues related to the transfer of public lands with:
(i) the School and Institutional Trust Lands Administration;
(ii) local governments;
(iii) water managers;
(iv) environmental advocates;
(v) outdoor recreation advocates;
(vi) nonconventional and renewable energy producers;
(vii) tourism representatives;
(viii) wilderness advocates;
(ix) ranchers and agriculture advocates;
(x) oil, gas, and mining producers;
(xi) fishing, hunting, and other wildlife interests;
(xii) timber producers;
(xiii) other interested parties; and
(xiv) the Federalism Commission; and
(b) develop ways to obtain input from citizens of the state regarding the transfer of public lands and the future care and use of public lands.
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 4 - Resource Development Coordinating Committee › Section 401 - Creation of Resource Development Coordinating Committee.

Affected by 63I-1-263 on 7/1/2027
Effective 7/1/2021
63L-11-401.
Creation of Resource Development Coordinating Committee.
There is created the Resource Development Coordinating Committee within the office to:
(1) assist the office in fulfilling the responsibilities of reviewing and coordinating technical and policy actions that may affect the physical resources of the state; and
(2) facilitate the exchange of information on those actions among state agencies and other levels of government.
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 4 - Resource Development Coordinating Committee › Section 403 - Executive director responsibilities.

Affected by 63I-1-263 on 7/1/2027
Effective 7/1/2021
63L-11-403.
Executive director responsibilities.
The executive director shall:
(1) administer this part;
(2) subject to the direction and approval of the governor, take necessary action to implement this part; and
(3) inform political subdivision representatives, in advance, of all coordinating committee meetings.
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 4 - Resource Development Coordinating Committee › Section 404 - Coordinating committee duties.

Affected by 63I-1-263 on 7/1/2027
Effective 7/1/2021
63L-11-404.
Coordinating committee duties.
(1) The coordinating committee shall assist the office:
(a) in the review of:
(i) proposed state actions affecting physical resources;
(ii) federal and federally assisted actions for which state review is provided by federal law, regulation, or policy; and
(iii) proposed federal regulations and policies pertaining to natural resource issues; and
(b) in the development and implementation of a procedure that will expedite the review of proposed energy and industrial facilities that require permits to be issued by more than one state agency.
(2) The office shall review and forward the comments and recommendations of the committee to:
(a) the governor;
(b) the initiating state agency, in the case of a proposed state action; and
(c) the Office of Legislative Research and General Counsel.
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 11 - Public Lands Planning › Part 4 - Resource Development Coordinating Committee › Section 405 - Powers of state agencies and local governments not limited.

Affected by 63I-1-263 on 7/1/2027
Effective 7/1/2021
63L-11-405.
Powers of state agencies and local governments not limited.
This part does not limit powers conferred upon departments, agencies, instrumentalities, or political subdivisions of the state by existing law.
Renumbered and Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63L - Lands › Chapter 12 - Granting of Real Property for Moderate Income Housing › Section 101 - Definitions.

Effective 6/1/2022
63L-12-101.
Definitions.
As used in this chapter:
(1) "Governmental entity" means:
(a) an agency, as that term is defined in Section 63G-10-102;
(b) the School and Institutional Trust Lands Administration created in Section 53C-1-201;
(c) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or
(d) a political subdivision, as that term is defined in Section 63L-11-102.
(2) "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.
(3) "Municipality" means the same as that term is defined in Section 10-1-104.
Enacted by Chapter 406, 2022 General Session
2023 Utah Code › Title 63L - Lands › Chapter 12 - Granting of Real Property for Moderate Income Housing › Section 102 - Grant of real property for moderate income housing.

Effective 6/1/2022
63L-12-102.
Grant of real property for moderate income housing.
(1) Subject to the requirements of this section, a governmental entity may grant real property owned by the governmental entity to an entity for the development of moderate income housing on the real property.
(2) A governmental entity shall ensure that real property granted under Subsection (1) is deed restricted for moderate income housing for at least 30 years after the day on which each moderate income housing unit is completed and occupied.
(3) If applicable, a governmental entity granting real property under this section shall comply with:
(a) the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain;
(b) Subsection 10-8-2(4), if a municipality is granting real property under this section;
(c) Subsection 17-50-312(5), if a county is granting real property under this section; and
(d) except as provided in Subsection (4), any other applicable provisions of law that govern the granting of real property by the governmental entity.
(4) A municipality granting real property under this section is not subject to the provisions of Subsection 10-8-2(3).
Renumbered and Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 63L - Lands › Chapter 13 - Restrictions on Foreign Acquisitions of Land Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
63L-13-101.
Definitions.
As used in this chapter:
(1) "Interest in land" means any right, title, lien, claim, interest, or estate with respect to land.
(2)
(a) "Land" means all real property within the state.
(b) "Land" includes:
(i) agricultural land, as defined in Section 4-46-102;
(ii) land owned or controlled by a political subdivision;
(iii) land owned or controlled by a school district;
(iv) non-federal land, as defined in Section 9-9-402;
(v) private land;
(vi) public land;
(vii) state land, as defined in Subsection 9-9-402(14)(a);
(viii) waters of the state, as defined in Subsection 19-5-102(23)(a); and
(ix) subsurface land.
(c) "Land" does not include real property that is owned, controlled, or held in trust by the federal government.
(3) "Restricted foreign entity" means:
(a) a company that the United States Secretary of Defense is required to identify and report as a military company under Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Pub. L. No. 116-283;
(b) an affiliate, subsidiary, or holding company of a company described in Subsection (3)(a);
(c) a country with a commercial or defense industrial base of which a company described in Subsection (3)(a) or (b) is a part;
(d) a state, province, region, prefecture, subdivision, or municipality of a country described in Subsection (3)(c); and
(e) an agency, bureau, committee, or department of a country described in Subsection (3)(c).
Enacted by Chapter 61, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 13 - Restrictions on Foreign Acquisitions of Land Act › Part 2 - Interests in Land › Section 201 - Acquisition of land prohibited -- Exceptions.

Effective 5/3/2023
63L-13-201.
Acquisition of land prohibited -- Exceptions.
(1) Subject to Subsection (2) and Section 63L-13-202, a restricted foreign entity may not acquire an interest in land in this state.
(2) Subsection (1) does not apply to an interest in land that a restricted foreign entity acquired before May 3, 2023:
(a) by purchase, grant, gift, donation, devise, or bequest;
(b) as security for the repayment of a debt; or
(c) as a party to a contract for the transfer or conveyance of an interest in land to the restricted foreign entity.
(3) A deed or other written instrument, other than in probate, purporting to convey an interest in land to a restricted foreign entity in violation of Subsection (1) is invalid.
Enacted by Chapter 61, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 13 - Restrictions on Foreign Acquisitions of Land Act › Part 2 - Interests in Land › Section 202 - Alienate within five years -- Escheat.

Effective 5/3/2023
63L-13-202.
Alienate within five years -- Escheat.
(1) A restricted foreign entity that acquires an interest in land on or after May 3, 2023, by grant, gift, donation, devise, or bequest shall alienate the interest within five years after the date of acquisition.
(2) If a restricted foreign entity fails to alienate an interest in land in accordance with Subsection (1), the interest escheats to the state.
Enacted by Chapter 61, 2023 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 1 - General Provisions › Section 102 - Policy -- Legislative recognition.

63M-5-102.
Policy -- Legislative recognition.
(1) The Legislature declares that the policy of this state is:
(a) to encourage industrial development and the development and utilization of the natural resources in this state in order to promote the economic development of this state and to provide benefits to the citizens of this state and other states; and
(b) to encourage co-operation between the state and its agencies and political subdivisions with individuals, firms, and business organizations to provide for industrial development and the development and utilization of the natural resources of this state.
(2) The Legislature recognizes that:
(a) industrial development and the development and utilization of the natural resources in this state, particularly in rural areas, may have a significant financial impact on state agencies and units of local government unless adequate financing is made available to these state agencies and units of local government to enable them to provide necessary public works and improvements and public services prior to completion of natural resource and industrial facilities; and
(b) because of the time lag between the financial impact on affected units of government and the normal beginning of the receipt of additional tax revenues from this development normally begins, it may be necessary and in the public interest of this state and its political subdivisions to provide through utilization of ad valorem taxes funds for these necessary public works and improvements; and
(c) these necessary public works and improvements may in part be of benefit primarily to the industrial developer or the person developing or utilizing the natural resources in this state.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 1 - General Provisions › Section 103 - Definitions.

Effective 2/27/2023
63M-5-103.
Definitions.
As used in this chapter:
(1) "Commencement of construction" means any clearing of land, excavation, or construction but does not include preliminary site review, including soil tests, topographical surveys, exploratory drilling, boring or mining, or other preliminary tests.
(2) "Developer" means any person engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility, including owners, contract purchases of owners, and persons who, as a lessee or under an agreement, are engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility.
(3) "Major developer" means any developer whose proposed new or additional natural resource facility or industrial facility is projected:
(a) To employ more than 500 people; or
(b) To cause the population of an affected unit of local government to increase by more than 5%, the increase to include the primary work force of the facility and their dependents and the work force and dependents attributable to commercial and public service employment created by the presence of the facility.
(4) "Natural resource facility" or "industrial facility" means any land, structure, building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement, or improvement of, land or an existing structure, building, plant, mine, road, installation, excavation, machinery, or device reasonably used, erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of the use, erection, construction, acquisition, rental, lease, or installation is related to industrial development or the development or utilization of the natural resources in this state.
(5) "Person" includes any individual, firm, co-partnership, joint venture, corporation, estate, trust, business trust, syndicate, or any group or combination acting as a unit.
(6) "Unit of local government" means any county, municipality, school district, special district, special service district, or any other political subdivision of the state.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 2 - Prepayments › Section 201 - Prepayment of ad valorem property taxes on natural resources or industrial facility.

63M-5-201.
Prepayment of ad valorem property taxes on natural resources or industrial facility.
The developer also may prepay, with the consent of the governing bodies of the units of local government affected, to the county treasurer, or to other persons authorized by the governing body of a unit of local government under Section 63M-5-306, a portion of the ad valorem property taxes which the developer anticipates will be imposed by the unit of local government under Title 59, Chapter 2, Part 9, Levies, in connection with the natural resources or industrial facility. Ad valorem property taxes prepaid under this chapter may not act as an abatement of the ad valorem property tax but rather shall be construed as a prepayment for which, notwithstanding Section 59-2-1321 or any statute of limitations to the contrary, a credit will be given the developer making the prepayment at the time the ad valorem property taxes become due and otherwise payable.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 3 - Use of Funds › Section 301 - State Board of Education and Department of Transportation to prepare budget and submit to governor.

63M-5-301.
State Board of Education and Department of Transportation to prepare budget and submit to governor.
The State Board of Education and the Department of Transportation shall prepare and submit to the governor, to be included in the governor's budget to the Legislature, a budget of the requirements for carrying out the provisions of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 3 - Use of Funds › Section 302 - Appropriations for use of funds -- Board of Education and Department of Transportation -- Repayment by Board of Education -- Board of Education and Transportation Commission requirements.

63M-5-302.
Appropriations for use of funds -- Board of Education and Department of Transportation -- Repayment by Board of Education -- Board of Education and Transportation Commission requirements.
(1) The funds needed for construction of schools and highways and any of their related facilities as a result of industrial development or as a result of development or utilization of natural resources in this state through natural resource or industrial facilities shall be made available from the Prepaid Sales and Use Tax Construction Account through appropriations by the Legislature.
(2) Appropriations will be made to the State Board of Education and the Department of Transportation for specific public facilities related to a specific natural resource or industrial facility.
(3)
(a) Appropriations made to the State Board of Education for schools and related facilities shall be repaid to the General Fund through property tax assessments by the school district within whose boundary the natural resource or industrial facility is located.
(b) The repayment shall be made within a period of six years from the date of substantial completion of the natural resource or industrial facility or from the date the school district has a taxable value exceeding $50,000,000, whichever occurs first.
(c) A refund shall be made to the developer of the natural resource or industrial facility to the extent of sales and use taxes prepaid by the developer in accordance with this chapter and appropriated by the Legislature for the specific public school facility, which have not been credited against sales and use taxes imposed by Title 59, Chapter 12, Sales and Use Tax Act.
(4) The State Board of Education shall:
(a) determine school facility needs as respective communities develop by consulting with the school district within whose boundary the development project is located; and
(b) recommend to the Legislature the amount to be appropriated at each session of the Legislature.
(5) The Transportation Commission shall:
(a) determine highway needs in the area of the natural resource or industrial facility;
(b) determine whether the highway should be a part of the state highway system; and
(c) recommend to the Legislature the amounts to be appropriated to the Department of Transportation for use on the highways.
(6)
(a) The State Board of Education and the Department of Transportation shall assess and determine in connection with each public facility the portion of each facility of benefit primarily to the industrial developer or the person developing or utilizing the natural resources.
(b) The assessment shall be reported to the Legislature to be used in determining the amount to be appropriated subject to this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 3 - Use of Funds › Section 303 - Public facility -- Prepayment of sales and use tax in installments.

63M-5-303.
Public facility -- Prepayment of sales and use tax in installments.
Notwithstanding anything to the contrary contained in this chapter, prepaid sales or use taxes sufficient to construct a particular public facility need not be prepaid in one sum but may be prepaid in installments as may be required by the state or any of its agencies or political subdivisions in fulfilling contractual commitments for the construction of the public facility if the state receives assurance that the funds for the agreed project will be prepaid to the State Tax Commission at the time or times for which the state or any of its agencies or political subdivisions have made contractual commitments for the disbursement of these funds for the public facility. In no event shall the total accumulated prepayment be less than the amount of sales and use taxes due for the calendar quarters for which returns are required to be filed under Section 59-12-107.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63M - Governor's Programs › Chapter 5 - Resource Development Act › Part 3 - Use of Funds › Section 304 - Department of Transportation and county executives -- Cooperation in development or utilization -- Written agreements authorized -- Survey and location work.

63M-5-304.
Department of Transportation and county executives -- Cooperation in development or utilization -- Written agreements authorized -- Survey and location work.
(1) The Department of Transportation and county executives shall cooperate with persons engaged in industrial development or the development of or utilization of natural resources in this state through a natural resource or industrial facility who desire to assist this state or its counties in obtaining financing through prepaid sales or use taxes for improvements to existing state or county roads or the construction of new state or county roads which are necessary to provide access to areas of natural resource or industrial facilities.
(2) Where it is determined that the improvements or construction referred to cannot be financed with existing public funds or when the necessary improvement or construction would be unduly delayed by postponing the improvements or construction until funds are otherwise available and the Legislature has appropriated the necessary funds pursuant to Section 63M-5-302, the Department of Transportation or any county executive may enter into written agreements with the person engaged or to be engaged in industrial development or the development or utilization of natural resources through a natural resource or industrial facility providing for the necessary improvements or construction if that person agrees to the prepayment of sales or use taxes as provided in this chapter to the extent necessary to provide the funds needed to finance the necessary improvements or construction.
(3) The agreements shall include the assurances necessary to provide the state or the county adequate funds for the payment of all obligations incurred by the state or county for the necessary improvements or construction and for the transfer of funds and all necessary adjustments, if the funds prepaid exceed the actual expenditures made for the improvements or construction.
(4) If the actual expenditures made by the state, its agencies, or political subdivisions for the improvements or construction exceed the amount of prepaid sales and use taxes actually imposed by Title 59, Chapter 12, Sales and Use Tax Act, then no refund shall be allowed for the excess amount prepaid as sales or use taxes.
(5) Initial survey and location work by the Department of Transportation or a county may proceed prior to the execution of any agreements if otherwise authorized and funded.
Renumbered and Amended by Chapter 382, 2008 General Session