reglab/statecodes huggingface dataset:
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 7 - Sale, Exchange, and Lease of State Lands › Section 6 - Lease covenants.

65A-7-6.
Lease covenants.
Each surface lease shall contain the following covenants:
(1) the lessee shall promptly pay the rent annually in advance;
(2) no waste shall be committed on the land;
(3) the premises shall be surrendered at the expiration of the term;
(4) the lessee may not sublet or assign without the written consent of the division;
(5) a failure to pay the agreed rent for a period of one month from the time rent is due shall result in a forfeiture of the lease after notice; and
(6) if improvements have been placed on the land by any person other than the lessee, the lessee shall allow the owner of the improvements to remove them within 90 days.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 7 - Sale, Exchange, and Lease of State Lands › Section 7 - Exchanges of sovereign lands -- Based on equal value -- Lands encumbered by a lease.

65A-7-7.
Exchanges of sovereign lands -- Based on equal value -- Lands encumbered by a lease.
(1)
(a) In accordance with division rules and when in the best interest of the state, sovereign lands may be exchanged for other land or other assets within the state held by other proprietors.
(b) Upon request of the division, the governor shall execute and deliver the necessary patents to other proprietors and receive proper deeds of the lands so exchanged.
(c) An exchange may not be made by the division until a deed or patent for the land received in exchange has been issued by the proprietors.
(2)
(a) If sovereign lands are encumbered by an existing lease, the division, upon approval of an exchange, may, with the consent of the lessee, terminate the existing lease and issue a lease of the same type, on lands of comparable acreage or value, which may be acquired in the same exchange in which the leased lands are used as base.
(b) Upon acceptance of exchanged lands, the state shall honor all vested rights.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 7 - Sale, Exchange, and Lease of State Lands › Section 8 - Easements on state lands -- Division to make rules.

65A-7-8.
Easements on state lands -- Division to make rules.
(1) The division shall establish rules for the issuance of easements on, through, and over any state land, and shall establish price schedules.
(2) A patent for state lands is subject to any existing easement or public right-of-way.
Repealed and Re-enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 1 - General Provisions › Section 101 - Division responsibilities for fire management and the conservation of forest, watershed, and other lands -- Reciprocal agreements for fire protection.

Effective 1/1/2017
65A-8-101.
Division responsibilities for fire management and the conservation of forest, watershed, and other lands -- Reciprocal agreements for fire protection.
(1) The division, in consultation with local authorities, shall determine and execute the best method for protecting private and public property by:
(a) except as provided by Subsection (1)(d), preventing, preparing for, or mitigating the origin and spread of fire on nonfederal forest, range, watershed, or wildland urban interface land in the state;
(b) encouraging a landowner to conserve, protect, and manage forest or other land throughout the state;
(c) taking action the division considers appropriate to manage wildland fire and protect life and property on nonfederal forest, range, watershed, or wildland urban interface land within the state; and
(d) implementing a limited fire suppression strategy, including allowing a fire to burn with limited or modified suppression, if the division determines that the strategy is appropriate for a specific area or circumstance.
(2) The division may:
(a) enter into an agreement with a public or private agency or individual:
(i) for the purpose of protecting, managing, or rehabilitating land owned or managed by the agency or individual; and
(ii) establishing a predetermined fire suppression plan, including a limited fire suppression strategy, for a specific fire management area; and
(b) enter into a reciprocal agreement with a fire protection organization, including a federal agency, to provide fire protection for land, and an improvement on land, for which the organization normally provides fire protection.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 1 - General Provisions › Section 102 - State forester.

65A-8-102.
State forester.
(1) There is created the position of state forester to carry out the provisions of this chapter.
(2) The state forester shall be a graduate of an accredited school of forestry, technically and professionally competent, and experienced in administration.
(3) The state forester shall be responsible to the director of the division.
(4) In all matters pertaining to forestry and fire control in which the state recognizes a responsibility, the state forester shall be the official representative of the state.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 1 - General Provisions › Section 103 - Forestry and fire control funds.

Effective 1/1/2017
65A-8-103.
Forestry and fire control funds.
(1) The division shall use money available to it to meet the costs of:
(a) managing forest, range, watershed, and wildland urban interface fires;
(b) managing insect and disease epidemics;
(c) rehabilitating or reforesting nonfederal forest, range, and watershed lands;
(d) promoting wildfire preparedness, wildfire mitigation, and wildfire prevention;
(e) restoring and maintaining landscapes ensuring landscapes across the state are resilient to wildfire-related disturbances, in accordance with fire management objectives;
(f) creating fire-adapted communities, ensuring that human populations and infrastructure can withstand a wildfire without loss of life or property;
(g) improving wildfire response, ensuring that all political subdivisions can participate in making and implementing safe, effective, and efficient risk-based wildfire management decisions;
(h) reducing risks to wildlife such as the greater sage grouse; and
(i) carrying on the purposes of this chapter.
(2) All money available to the division to meet the costs of Subsections (1)(a) through (i) is nonlapsing and available to the division until expended.
(3)
(a) The collection and disbursement of all money made available to the division shall be in accordance with the rules of the Division of Finance.
(b) Money collected by the division from fees, rentals, sales, contributions, reimbursements, and other such sources shall be deposited in the appropriate account.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 1 - General Provisions › Section 105 - Urban and community forestry program.

65A-8-105.
Urban and community forestry program.
(1) An urban and community forestry program is created within the division.
(2) The purpose of the program is to encourage the planting and maintenance of trees within municipalities and unincorporated communities.
(3) The division may:
(a) advise and assist municipalities, counties, and other public and private entities in developing and coordinating policies, programs, and activities promoting urban and community forestry;
(b) receive, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, federal funds for the urban and community forestry program; and
(c) provide grants to municipalities and counties for urban and community forestry programs and cooperative projects.
(4) The division shall:
(a) develop a public education program to inform tree care professionals and citizens of the hazards involved with the planting of new trees and the maintenance of existing trees near overhead power lines and highways; and
(b) develop and implement a program of public awareness to inform citizens about the benefits of planting trees in urban areas and how to maintain trees.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 201 - Uncontrolled fire is a public nuisance.

Effective 1/1/2017
65A-8-201.
Uncontrolled fire is a public nuisance.
Any fire on forest, range, watershed, or wildland urban interface land in the state burning uncontrolled and without proper and adequate action being taken to manage it is a public nuisance.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 202 - Fire control -- County responsibilities.

Effective 1/1/2017
65A-8-202.
Fire control -- County responsibilities.
(1) A county shall abate the public nuisance caused by wildfire on unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface lands within its boundaries.
(2) A county may participate in the wildland fire protection system of the division and become eligible for assistance from the state by agreement under the provisions of this chapter.
(3) A county shall:
(a) reduce the risk of wildfire to unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and
(b) ensure effective wildfire initial attack on unincorporated privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries.
(4) A county may assign the responsibilities described in Subsections (1) and (3) to a fire service provider or an eligible entity, as defined in Section 65A-8-203, through contract, delegation, interlocal agreement, or another method.
(5) The state forester shall make certain that appropriate action is taken to control wildland fires on unincorporated nonfederal forest, range, watershed, and wildland urban interface lands.
(6) Nothing in this section excuses a private landowner from complying with an applicable county ordinance.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 202.5 - City and town responsibilities.

Effective 1/1/2017
65A-8-202.5.
City and town responsibilities.
(1) A municipality shall abate the public nuisance caused by wildfire on forest, range, watershed, and wildland urban interface land within the boundaries of the municipality if the land is:
(a) privately owned; or
(b) owned by the municipality.
(2) A municipality may participate in the wildland fire protection system of the division and become eligible for assistance from the state by agreement under the provisions of this chapter.
(3) A municipality shall:
(a) reduce the risk of wildfire to incorporated, privately owned and municipality owned forest, range, watershed, and wildland urban interface land, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and
(b) ensure effective wildfire initial attack on forest, range, watershed, and wildland urban interface land within the municipality's fire protection boundary.
(4) A municipality may assign the responsibilities described in Subsections (1) and (3) to a fire service provider or an eligible entity, as defined in Section 65A-8-203, through contract, delegation, interlocal agreement, or another method.
(5) The state forester shall make certain that appropriate action is taken to control wildland fires on incorporated, nonfederal forest, range, watershed, and wildland urban interface lands.
(6) Nothing in this section excuses a private landowner from complying with an applicable county ordinance.
Enacted by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 203.1 - Delegation of fire management authority.

Effective 1/1/2017
65A-8-203.1.
Delegation of fire management authority.
(1) As used in this section, "delegation of fire management authority" means the acceptance by the division of responsibility for:
(a) managing a wildfire; and
(b) the cost of fire suppression, as described in Section 65A-8-203.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the process for delegation of fire management authority.
(3) Upon delegation of fire management authority, the division and its named designee becomes the primary incident commander.
Enacted by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 203.2 - Billing a county or municipality not covered by a cooperative agreement -- Calculating cost of wildfire suppression.

Effective 1/1/2017
65A-8-203.2.
Billing a county or municipality not covered by a cooperative agreement -- Calculating cost of wildfire suppression.
(1) The division shall bill a county that is not covered by a cooperative agreement with the division, as described in Section 65A-8-203, for the cost of wildfire suppression within the jurisdiction of that county accrued by the state.
(2) The division shall bill a municipality that is not covered by a cooperative agreement with the division, as described in Section 65A-8-203, for the cost of wildfire suppression within the jurisdiction of that municipality accrued by the state.
(3) The cost of wildfire suppression to a county or municipality that is not covered by a cooperative agreement with the division, as described in Section 65A-8-203, shall be calculated by determining the number of acres burned within the borders of a county or municipality, dividing that number by the total number of acres burned by a wildfire, and multiplying the resulting percentage by the state's total cost of wildfire suppression for that wildfire.
(4) A county or municipality that receives a bill from the division, pursuant to this section, shall pay the bill, or make arrangements to pay the bill, within 90 days of receipt of the bill, subject to the county or municipality's right to appeal, as described in Subsection 65A-8-203(5)(b)(vi).
Enacted by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 204 - Wildland Fire Suppression Fund created.

Effective 5/3/2023
65A-8-204.
Wildland Fire Suppression Fund created.
(1) There is created an expendable special revenue fund known as the "Wildland Fire Suppression Fund."
(2) The Wildland Fire Suppression Fund shall be administered by the division to pay wildfire suppression costs on eligible lands, as wildfire suppression costs are defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including for an eligible entity that has entered into a cooperative agreement, as described in Section 65A-8-203.
(3) Subject to Section 65A-8-213, the contents of the Wildland Fire Suppression Fund shall include:
(a) interest and earnings from the investment of fund money;
(b) money appropriated by the Legislature;
(c) federal funds received by the division for wildfire management costs;
(d) suppression costs billed to an eligible entity that does not participate in a cooperative agreement;
(e) suppression costs paid to the division by another state agency;
(f) costs recovered from settlements and civil or administrative actions related to wildfire suppression;
(g) restitution payments ordered by a court following a criminal adjudication;
(h) the balance of the fund as of July 1, 2016;
(i) money deposited by the Division of Finance, pursuant to Section 59-21-2; and
(j) money transferred by the Division of Finance, pursuant to Section 63J-1-314.
(4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the Wildland Fire Suppression Fund.
Amended by Chapter 153, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 206 - Disbursements from the Wildland Fire Suppression Fund.

Effective 1/1/2017
65A-8-206.
Disbursements from the Wildland Fire Suppression Fund.
(1) Disbursements from the fund created in Section 65A-8-204 shall be made only upon written order of the state forester or the state forester's authorized representative.
(2) If the state forester determines money in the fund may be insufficient to cover eligible costs in a program year, the state forester may:
(a) delay making disbursements from the fund until the close of the program year; and
(b) request supplemental appropriations from the Legislature.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 207 - Division to administer Wildland Fire Suppression Fund -- Rulemaking -- Procedures.

Effective 1/1/2017
65A-8-207.
Division to administer Wildland Fire Suppression Fund -- Rulemaking -- Procedures.
By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to administer the Wildland Fire Suppression Fund.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 209 - Responsibilities of county sheriffs and fire wardens in controlling fires.

Effective 1/1/2017
65A-8-209.
Responsibilities of county sheriffs and fire wardens in controlling fires.
(1) In a county that has not entered into a cooperative agreement as described in Section 65A-8-203, the county sheriff shall take appropriate action to suppress wildfires on state or private lands.
(2) In all cases the county sheriff shall:
(a) report, as prescribed by the state forester, on wildland fire control action;
(b) investigate and report wildfire causes; and
(c) enforce the provisions of this chapter either independently or in cooperation with the state forester.
(3) In an eligible entity that has entered into a cooperative agreement, as described in Section 65A-8-203, the primary responsibility for wildfire management is the division, upon the delegation of fire management authority, as described in Section 65A-8-203.1.
(4) The county sheriff and the county sheriff's organization shall maintain cooperative support of the fire management organization.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 209.1 - County fire warden.

Effective 5/4/2022
65A-8-209.1.
County fire warden.
(1) As used in this section, "participating county" means a county that participates in a cooperative agreement with the division, as described in Section 65A-8-203.
(2)
(a) A county fire warden who is employed by the division as a county fire warden full-time and year round shall represent a participating county, except as provided in Subsections (2)(b) and (c).
(b) A county of the fifth class that, as of January 1, 2016, is cost-sharing a county fire warden with an adjacent county may continue to do so with the approval of the state forester.
(c) A county of the sixth class may cost-share a county fire warden with an adjacent county, with the approval of the state forester.
(3)
(a) The salary and benefits paid to a county fire warden shall be:
(i) divided by the division and the county; or
(ii) paid partly by the division with the remainder shared by agreement between the counties the county fire warden represents.
(b) The division may annually increase the amount agreed to for the county portion if:
(i) the increase takes effect at the beginning of a calendar year;
(ii) the division provides the participating county six months notice before the increase takes effect; and
(iii) the increase is based on the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor, in accordance with a formula established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4)
(a) The division shall employ the county fire wardens.
(b) An individual who is employed by a county as a county fire warden on or before January 1, 2016, is not subject to the requirement to be employed by the division.
Amended by Chapter 219, 2022 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 210 - Fire control on state-owned lands -- Responsibilities of state agencies.

Effective 1/1/2017
65A-8-210.
Fire control on state-owned lands -- Responsibilities of state agencies.
(1) The division shall abate the public nuisance caused by wildfire on state-owned forest, range, watershed, and wildland urban interface lands.
(2) State agencies responsible for the administration of state-owned lands shall recognize the need for providing wildland fire protection and the responsibility for reducing the risk of wildfire through appropriate wildfire prevention, preparedness, and mitigation actions.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 212 - Power of state forester to close hazardous areas -- Violations of an order closing an area.

Effective 5/8/2018
65A-8-212.
Power of state forester to close hazardous areas -- Violations of an order closing an area.
(1)
(a) If the state forester finds conditions in a given area in the state to be extremely hazardous, "extremely hazardous" means categorized as "extreme" under a nationally recognized standard for rating fire danger, he shall close those areas to any forms of use by the public, or to limit that use, except as provided in Subsection (5).
(b) The closure shall include, for the period of time the state forester considers necessary, the prohibition of open fires, and may include restrictions and prohibitions on:
(i) smoking;
(ii) the use of vehicles or equipment;
(iii) welding, cutting, or grinding of metals;
(iv) subject to Subsection (5), fireworks;
(v) explosives; or
(vi) the use of firearms for target shooting.
(c) Any restriction or closure relating to firearms use:
(i) shall be done with support of the duly elected county sheriff of the affected county or counties;
(ii) shall undergo a formal review by the State Forester and County Sheriff every 14 days; and
(iii) may not prohibit a person from legally possessing a firearm or lawfully participating in a hunt.
(d) The State Forester and County Sheriff shall:
(i) agree to the terms of any restriction or closure relating to firearms use;
(ii) reduce the agreement to writing;
(iii) sign the agreement indicating approval of its terms and duration; and
(iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review and at termination of the restriction or closure.
(2) Nothing in this chapter prohibits any resident within the area from full and free access to his home or property, or any legitimate use by the owner or lessee of the property.
(3) The order or proclamation closing or limiting the use in the area shall set forth:
(a) the exact area coming under the order;
(b) the date when the order becomes effective; and
(c) if advisable, the authority from whom permits for entry into the area may be obtained.
(4) Any entry into or use of any area in violation of this section is a class B misdemeanor.
(5) The state forester may not restrict or prohibit the discharge of fireworks within the municipal boundaries of a city, town, or metro township.
Amended by Chapter 189, 2018 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 213 - Creation of the Wildland Fire Preparedness Grants Fund -- Awarding of grants -- Rulemaking.

Effective 5/3/2023
65A-8-213.
Creation of the Wildland Fire Preparedness Grants Fund -- Awarding of grants -- Rulemaking.
(1)
(a) There is created an expendable special revenue fund known as the "Wildland Fire Preparedness Grants Fund."
(b) The Wildland Fire Preparedness Grants Fund shall consist of:
(i) voluntary contributions received;
(ii) appropriations the Legislature makes to the Wildland Fire Preparedness Grants Fund;
(iii) 10% of the costs recovered annually related to wildfire suppression described in Subsections 65A-8-204(3)(f) and (g); and
(iv) interest or other earnings accrued in accordance with Subsection (1)(c)(ii).
(c) The state treasurer shall:
(i) invest the money in the Wildland Fire Preparedness Grants Fund described in Subsection (1)(a) following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(ii) deposit all interest or other earnings derived from each investment described in Subsection (1)(c)(i) into the Wildland Fire Preparedness Grants Fund.
(2)
(a) The state forester shall make one or more grants from the Wildland Fire Preparedness Grants Fund to one or more local fire departments or volunteer fire departments to assist in building capacity for the suppression of wildland fire.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing criteria for receiving a grant under this section.
Amended by Chapter 153, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 2 - Fire Control › Section 215 - Wildland-urban interface fire prevention, preparedness, and mitigation.

Effective 5/3/2023
65A-8-215.
Wildland-urban interface fire prevention, preparedness, and mitigation.
(1) As used in this section:
(a) "Prevention, preparedness, and mitigation fund" means the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund created in this section.
(b) "Suppression fund" means the Wildland Fire Suppression Fund created in Section 65A-8-204.
(c) "Wildland-urban interface" means the zone where structures and other human development meets, or intermingles with, undeveloped wildland.
(2)
(a) There is created an expendable special revenue fund known as the "Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund."
(b) The prevention, preparedness, and mitigation fund shall consist of:
(i) interest and earnings from the investment of money from the prevention, preparedness, and mitigation fund;
(ii) money appropriated by the Legislature; and
(iii) money transferred to the prevention, preparedness, and mitigation fund under Section 63J-1-314.
(c) The division shall administer the prevention, preparedness, and mitigation fund to:
(i) pay costs of prevention and preparedness efforts on wildland-urban interface within the state, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including costs of an eligible entity that has entered into a cooperative agreement, as described in Section 65A-8-203;
(ii) issue fire department assistance grants, which in the aggregate may not exceed 10% of the money in the prevention, preparedness, and mitigation fund each fiscal year; and
(iii) in cases of catastrophic need as determined by the state forester, pay costs that could be paid from the suppression fund under Section 65A-8-204.
(d) Disbursements from the prevention, preparedness, and mitigation fund may only be made upon written order of the state forester or the state forester's authorized representative.
(3)
(a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish criteria for community wildfire preparedness plans addressing wildland-urban interface. The criteria shall require action that is:
(i) qualitative and quantitative; and
(ii) leads to reduced wildfire risk.
(b) An eligible entity, as defined in Section 65A-8-203, shall agree to implement prevention, preparedness, and mitigation actions identified in a community wildfire preparedness plan addressing wildland-urban interface that is approved by the division.
Enacted by Chapter 153, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 301 - Legislative finding and purpose.

65A-8-301.
Legislative finding and purpose.
(1) The Legislature finds the health and welfare of the people of the state require the preservation of certain rare, or threatened, or vanishing species of trees to preserve the state's scenic beauty and preserve its historic past as it relates to such trees.
(2) It is the intent of this part to retain as many heritage trees as possible consistent with the reasonable and economic enjoyment of private property.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 302 - Definitions.

65A-8-302.
Definitions.
As used in this part:
(1) "Alter" means to change the configuration of a heritage tree by pruning, trimming, topping, cutting, or by any other means.
(2) "Committee" means the Heritage Trees Advisory Committee.
(3) "Division" means the Division of Forestry, Fire, and State Lands.
(4) "Heritage tree" means any tree or group of trees designated as such by the division, in accordance with the following criteria:
(a) any live tree or group of trees indigenous to the state, or which has adapted exceptionally well to the climatic conditions of the state, or is one of a kind;
(b) any tree or group of trees that has exceptional national, state, or local historic significance;
(c) any tree or group of trees which has an exceptional size or exceptional form for its species;
(d) any tree or group of trees which has an exceptional age for its species; or
(e) any tree or group of trees in the state which is the sole representative of its species.
(5) "Person" means any individual, partnership, corporation, or association.
Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 303 - Application to alter or remove trees.

65A-8-303.
Application to alter or remove trees.
(1) Any person that desires to alter or remove one or more heritage trees from any public property within this state shall before altering or removing any such tree make application to the division on forms prescribed by it.
(2) An application for alteration or removal shall be filed with the division at least 60 days before the actual alteration or removal of any such trees.
(3) The application shall state:
(a) the name of the applicant;
(b) the number, location, and species of the trees proposed to be altered or removed;
(c) the reason for alteration or removal; and
(d) other information as the division may reasonably require.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 304 - Guidelines and standards for granting or denying applications to alter or remove trees.

65A-8-304.
Guidelines and standards for granting or denying applications to alter or remove trees.
(1) The committee shall develop published guidelines and standards to be used by the board in granting or denying applications for the alteration or removal of heritage trees.
(2) In addition to the guidelines and standards developed by the committee, the division shall consider the following criteria in granting or denying an application:
(a) the physical condition of the heritage tree or trees with respect to:
(i) insect infestation;
(ii) disease;
(iii) danger of falling;
(iv) proximity to existing or proposed structures; and
(v) interference with utility services;
(b) the necessity of alteration or removal of the heritage tree or trees in order to construct proposed improvements and allow economic enjoyment of property;
(c) the topography of the land and the effect of removal of the heritage tree or trees on:
(i) erosion;
(ii) soil retention; and
(iii) the diversion or increased flow of surface waters resultant upon alteration or removal;
(d) the number of heritage trees existing in the neighborhood on improved property;
(e) the effect alteration or removal would have on established standards and property values in the area; and
(f) the number of heritage trees the particular parcel can support according to good forestry practices.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 305 - Powers of division.

65A-8-305.
Powers of division.
The division may:
(1) grant or deny applications for designation of heritage trees from individuals, local shade tree commissions, or local governments;
(2) grant or deny applications for alteration or removal of heritage trees;
(3) acquire land if one or more heritage trees are located on the land;
(4) accept gifts, bequests, or donations; and
(5) determine policies necessary to carry out this part.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 306 - Heritage Trees Advisory Committee -- Members -- Officers -- Expenses -- Functions.

Affected by 63I-1-265 on 7/1/2026
65A-8-306.
Heritage Trees Advisory Committee -- Members -- Officers -- Expenses -- Functions.
(1) There is created a Heritage Trees Advisory Committee composed of five persons appointed by the division from among persons who are members of the Utah Community Forestry Council.
(2)
(a) Except as required by Subsection (2)(b), as terms of current committee members expire, the division shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(4)
(a) The committee shall elect a chair who is responsible to call and conduct meetings.
(b) Three members present at a duly called meeting constitute a quorum for the transaction of official business.
(c) Members of the committee may meet as often as considered necessary.
(d) The urban forestry staff person of the division shall serve as secretary to the committee.
(5) 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.
(6) The committee shall:
(a) publish guidelines for division use in granting or denying applications for the designation of heritage trees;
(b) publish an annual register of designated heritage trees and distribute it to public utilities, tree service companies, municipal forestry and parks departments, and the public; and
(c) develop a system for visibly identifying designated heritage trees.
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 307 - Exemption for emergency or permit.

65A-8-307.
Exemption for emergency or permit.
This part shall not apply to any emergency when heritage trees constitute a danger to life or property, or to any person whose application for alteration or removal of a heritage tree has been granted by the division.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 308 - Enforcement -- Prosecution of violations.

65A-8-308.
Enforcement -- Prosecution of violations.
(1) County sheriffs, police, and other law enforcement officers within their respective jurisdictions are responsible for the enforcement of this part.
(2) The county attorney or district attorney shall prosecute any violation of this part.
Renumbered and Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8 - Management of Forest Lands and Fire Control › Part 3 - Heritage Trees › Section 309 - Injury -- Violation of part -- Misdemeanor.

65A-8-309.
Injury -- Violation of part -- Misdemeanor.
Any person who intentionally or knowingly alters, injures, damages, or causes death of a heritage tree or who otherwise violates this part is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 136, 2007 General Session
Amended by Chapter 229, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8a - Utah Forest Practices Act › Section 102 - Definitions.

65A-8a-102.
Definitions.
As used in this chapter:
(1) "Commercial tree species" means:
(a) Abies concolor (white fir);
(b) Abies lasiocarpa (subalpine fir);
(c) Juniperus osteosperma (Utah juniper);
(d) Juniperus scopulorum (Rocky Mountain juniper);
(e) Picea engelmannii (Engelmann spruce);
(f) Picea pungens (blue spruce);
(g) Pinus contorta (lodgepole pine);
(h) Pinus edulis (piñon pine);
(i) Pinus flexilis (limber pine);
(j) Pinus longaeva (bristlecone pine);
(k) Pinus monophylla (singleleaf piñon);
(l) Pinus ponderosa (ponderosa pine);
(m) Populous tremuloides (quaking aspen);
(n) Pseudotsuga menziesii (Douglas fir); or
(o) Quercus gambelii (gambel oak).
(2)
(a) "Forest practice" means, except as provided in Subsection (2)(b):
(i) the harvesting of commercial tree species;
(ii) new road construction associated with harvesting or accessing trees;
(iii) site preparation for regeneration of a timber stand;
(iv) reforestation; or
(v) the management of logging slash.
(b) "Forest practice" does not include:
(i) the operation of a nursery or Christmas tree farm;
(ii) the harvest of Christmas trees;
(iii) the harvest of trees for the noncommercial, personal use by the owner of forested land from which the trees are harvested;
(iv) a harvesting operation encompassing fewer than five contiguous acres of forested land;
(v) clearing land for defensible space in a wildland-urban interface; or
(vi) fuel reduction for a wildland-urban interface or hazardous fuel reduction project.
(3) "Forested land" means land, except land owned by the federal government or located within an incorporated city, growing commercial tree species that are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products.
(4) "Forest Water Quality Guidelines" means the field-applicable practice guidelines adopted by the division for use during forestry activities to protect water quality and contained within a nonpoint source management plan.
(5) "Landowner" means a person who holds an ownership interest in forested land.
(6) "Operator" means a person who:
(a) is responsible for conducting forest practices; or
(b) through a contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale.
(7) "Wildland-urban interface" means the zone where structures and other human development meets, or intermingles with, undeveloped wildland.
Amended by Chapter 40, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8a - Utah Forest Practices Act › Section 103 - Registration of operators.

65A-8a-103.
Registration of operators.
(1) An operator intending to conduct forest practices in Utah, except a landowner conducting forest practices on the landowner's own land, shall register with the division.
(2) The operator shall submit the following information to the division:
(a) the name of the company;
(b) the name of the state where the company is incorporated; and
(c) the name, telephone number, and address of a company officer and an on-the-ground supervisor.
(3) In consultation with industry representatives, the division may establish, by rule, minimum requirements for registration of operators in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) The division shall make available to landowners a list of registered operators.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8a - Utah Forest Practices Act › Section 104 - Notification of intent to conduct forest practices.

65A-8a-104.
Notification of intent to conduct forest practices.
(1) No later than 30 days before an operator commences forest practices, the operator shall notify the division of the operator's intent to conduct forest practices.
(2) The notification shall include:
(a) the name and address of the operator;
(b) the name, address, and other current contact information of the landowner;
(c) a legal description of the area in which the forest practices are to be conducted;
(d) a description of the proposed forest practices to be conducted, including the number of acres with timber to be harvested; and
(e) an agreement granting the state forestry personnel permission to enter the area in which the forest practices are to be conducted to conduct an inspection, when the state forestry personnel reasonably consider an inspection necessary to ensure compliance with this chapter.
(3) Upon the receipt of notification, the division shall, within 10 days, mail to the landowner and the operator:
(a) an acknowledgment of notification;
(b) information on Forest Water Quality Guidelines; and
(c) any other information the division believes would assist the landowner and operator in conducting forest practices.
(4)
(a) Failure to notify the division in accordance with this section is a class B misdemeanor.
(b) The division may file an action in the district court of any county in which the area in which the forest practices are to be conducted is located to enjoin an operator engaged in conduct violating this chapter from operating until the operator complies with this chapter.
(c) In an action by the division in accordance with Subsection (4)(b), the operator shall pay reasonable attorney fees and all court costs incurred by the division because of the action.
Amended by Chapter 40, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8a - Utah Forest Practices Act › Section 105 - Division to promote implementation of Forest Water Quality Guidelines.

65A-8a-105.
Division to promote implementation of Forest Water Quality Guidelines.
(1) The division shall promote implementation of Forest Water Quality Guidelines before, during, and after the conduct of forest practices on forested land in order to:
(a) preserve water quality and soil stability;
(b) prevent the hazard of fire and insect infestation;
(c) minimize waste of timber resources; and
(d) protect the regenerative and productive capacity of forested land.
(2) The division, in cooperation with Utah State University Extension Services:
(a) shall implement a program to develop demonstration areas, books, brochures, informational material, seminars and workshops, and other aids to display correct application of the Forest Water Quality Guidelines; and
(b) may aid private landowners by providing technical assistance to landowners and operators in implementing Forest Water Quality Guidelines.
Enacted by Chapter 80, 2001 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 8a - Utah Forest Practices Act › Section 106 - Division to provide technical assistance -- Administrative rules.

65A-8a-106.
Division to provide technical assistance -- Administrative rules.
(1) The division may provide:
(a) advice and technical assistance to landowners and operators by:
(i) developing forest stewardship plans;
(ii) developing harvest or forest management plans; and
(iii) developing programs and activities promoting stewardship of forest and other lands;
(b) information about tax incentives or other financial incentives designed to enhance the productive potential of forested land; or
(c) federal cost-share incentives to eligible nonindustrial, private forest landowners, if available.
(2) The division, in cooperation with Utah State University Extension Services, shall:
(a) develop and implement a public education and awareness program to inform citizens about the benefits of long-term stewardship of forest and other lands; and
(b) provide technical assistance to landowners in developing management plans that may be required for financial incentive programs.
(3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the application, approval, implementation, and monitoring of a forest stewardship plan.
Amended by Chapter 40, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 9 - Management of Range Resources › Section 1 - Responsibility of division to manage range resources.

65A-9-1.
Responsibility of division to manage range resources.
(1) The division is responsible for the efficient management of all range resources on lands under its administration.
(2) Its management shall be based on sound conservation principles, including practices to improve range conditions.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 9 - Management of Range Resources › Section 2 - Grazing leases -- Maximum term -- Treatment of leases on federal lands acquired by the state.

65A-9-2.
Grazing leases -- Maximum term -- Treatment of leases on federal lands acquired by the state.
(1) The division may issue grazing leases on state lands under terms and conditions established by rule.
(2) Those terms shall be based on the fair market value of the lease.
(3) No lease may be for a term in excess of 15 years.
(4) The division shall determine the number and kind of stock that may be grazed each year on state land, and regulate the number of days that the land may be grazed.
(5)
(a) Upon selecting, exchanging, or otherwise acquiring lands of the United States, the division shall honor all leases, permits, contracts, and terms and conditions of user agreements on United States' lands, including permitted stocking rates, grazing fee levels, access rights, and all existing activities that currently or historically have dictated an understanding of usage between the land user and the federal government.
(b) Improvements by the permittee or lessee to the land shall be honored by the state in the acquisition of federal lands.
Amended by Chapter 294, 1994 General Session