23A-1-206. New development.
(1) As used in this section: "Mitigate" means an activity intended to lessen known negative impacts caused by wildlife, including relocating or distracting wildlife. "New development" means the conversion in use of previously undeveloped land into a developed state that occurs on or after May 1, 2024. "Wildlife damage or nuisance claim" means: a depredation claim; a wildlife damage claim; or a nuisance complaint involving wildlife.
(2) On and after May 1, 2024, new development in the state is considered infringing on existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related to the new development may not qualify for a wildlife damage or nuisance claim against the state or a political subdivision.
(3) Notwithstanding Subsection (2), the division may mitigate wildlife damage or nuisances impacting a new development.