Title 65A, Title 65A: Forestry, Fire, and State Lands

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, the county sheriff shall take appropriate action to suppress wildfires on state or private lands. 65A-8…

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 county fire warden who is employed by the division as a county fire warden …

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 administrati…

65A-8-211. Closed fire season -- Notice -- Violations -- Red Flag Warnings -- Burning permits -- Personal liability -- Exemptions from burning permits. (1) As used in this section: "Applicable public safety answering point" means a public safety answering point or dispatch center…

65A-8-212. Power of state forester to close hazardous areas -- Violations of an order closing an area. (1) 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 recogn…

65A-8-216. Great Plains Interstate Fire Compact. The governor may enter into a compact on behalf of the state with any other state or states legally joining therein in the form substantially as follows:The purpose of this compact is to promote effective prevention and control of …

65A-8-217. Utah Wildfire Fund. (1) As used in this section: "Cooperative agreement for forest management" means an instrument used when a state agency agrees to substantial involvement with other government agencies during the performance of a project related to forest management…

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 i…

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) "Division" means the Division of Forestry, Fire, and State Lands. (3) "Heritage tree" means any tree o…

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…

65A-8-304. Guidelines and standards for granting or denying applications to alter or remove trees. The division shall consider the following criteria in granting or denying an application: (1) the physical condition of the heritage tree or trees with respect to: insect infestatio…

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 …

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.

65A-8-308. Enforcement -- Prosecution of violations. (1) The Division of Law Enforcement, county sheriffs, police, other law enforcement officers within their respective jurisdictions, and the division are responsible for the enforcement of this part. (2) The county attorney or d…

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.

65A-8-401. Definitions. As used in this section: (1) "High risk wildland urban interface property" means property located within the boundary of high risk wildland urban interface as designated by the wildfire risk assessment tool in Subsectionand defined by rule made in accordan…

65A-8-402. Evaluation of wildland urban interface property -- Fee amounts -- Rulemaking. (1) The division shall establish a program under which a wildland urban interface coordinator evaluates and classifies high risk wildland urban interface property using a triage scale. The wi…

65A-8-403. Liability. This part does not create a cause of action against the state, the division, an officer, employee, or consultant of the division, a county, or a wildland urban interface coordinator for an act or failure to act under this part and does not waive governmental…

65A-8a-102. Definitions. As used in this chapter: (1) "Commercial tree species" means: Abies concolor (white fir); Abies lasiocarpa (subalpine fir); Juniperus osteosperma (Utah juniper); Juniperus scopulorum (Rocky Mountain juniper); Picea engelmannii (Engelmann spruce); Picea pu…

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 divis…

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: the name and a…

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: preserve water quality and s…

65A-8a-106. Division to provide technical assistance -- Administrative rules. (1) The division may provide: advice and technical assistance to landowners and operators by: developing forest stewardship plans; developing harvest or forest management plans; and developing programs …

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…

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…

65A-9-3. Authority of division to control noxious weeds, plant species, and insects. The division may enter into cooperative agreements with other public agencies and private landowners for the control of noxious weeds, new and invading plant species, insects, and disease infesta…

65A-10-1. Authority of division to manage sovereign lands. (1) Subject to, the division is the management authority for sovereign lands, and may exchange, sell, or lease sovereign lands but only in the quantities and for the purposes as serve the public interest and do not interf…

65A-10-2. Recreational use of sovereign lands. (1) The division, with the approval of the executive director of the Department of Natural Resources and the governor, may set aside for public or recreational use any part of the lands claimed by the state as the beds of lakes or st…

65A-10-3. Establishment of sovereign land boundaries. (1) The division, after consultation with the attorney general and affected state agencies, shall develop plans for the resolution of disputes over the location of sovereign land boundaries. (2) The division, after notice to a…

65A-11-1. Authority of division to control and prevent floods. (1) The division may authorize surveys of any state lands or other areas of the state for the purpose of controlling and preventing floods. (2) If after a survey the division concludes that floods are likely to affect…

65A-12-1. Authority of division to manage lands granted under the Carey Act. The selection, management, and disposal of lands granted by Congress under the Carey Act is vested in the division, which is authorized to make rules and contracts necessary to carry out the provisions o…

65A-12-2. Reclamation Trust Fund -- Carey Act Expense Fund. (1) All money received by the division from the sale of lands selected under this chapter shall be deposited with the state treasurer. Any sums necessary shall be available for the payment of the expenses of the division…

65A-12-3. Water rights to be appurtenant to land -- Lien for purchase price -- Foreclosure and redemption. (1) The water rights to all lands acquired under this chapter shall attach to and become appurtenant to the land as soon as the title passes from the United States to the st…

65A-14-102. Definitions. As used in this chapter: (1) "Bioprospecting" means the removal from a natural environment for research or commercial use of: a naturally occurring microorganism, plant, or fungus; or information concerning a naturally occurring microorganism's, plant's, …

65A-14-103. Scope of chapter. (1) This chapter does not modify or replace any other requirement under federal, state, or local law related to an act that under this chapter is considered bioprospecting, including any requirement to obtain the permission of a landowner. (2) This c…

65A-14-104. Rulemaking. In accordance with, the division may make rules necessary to fulfill the purposes of this chapter.

65A-14-201. Registration for bioprospecting. (1) On and after July 1, 2011, before engaging in an act of bioprospecting, a person shall register with the division. A registration under this chapter expires on June 30 of each year. (2) To register with the division or renew a regi…

65A-14-202. Reservation of economic interests -- Agreement to negotiate in good faith. (1) The right of a person to engage in an act of bioprospecting in this state is subject to the state's reservation of any right the state may have to an economic benefit derived from: the act …

65A-14-301. Economic benefits of bioprospecting denied. (1) A person who engages in an act of bioprospecting in violation of this chapter is guilty of criminal trespass punishable in accordance with Section. 76-6-206 (2) If found guilty of a violation under this chapter, a court …

65A-16-101. Definitions. As used in this chapter: (1) "Commissioner" means the Great Salt Lake commissioner appointed under Section. 73-32-201 (2) "Conservation organization" means an institution, corporation, foundation, or association that is: private; nonprofit; and founded fo…

65A-16-102. Rulemaking. In accordance with, and Subsection, the division may make rules to administer the program in accordance with this chapter.

65A-16-201. Great Salt Lake Watershed Enhancement Program established. (1) There is created the "Great Salt Lake Watershed Enhancement Program" to issue grant money to establish a water trust to implement projects, programs, or voluntary arrangements that: retain or enhance water…

65A-16-202. Oversight. (1) The division shall oversee whether a grantee and the water trust that the grantee establishes comply with this chapter. In overseeing a grantee under this chapter, the division shall consult with the commissioner. The trust council shall oversee expendi…

65A-16-203. Grantee requirements. (1) A grantee that receives grant money under this chapter shall: comply with Section,, and other applicable laws, regulations, ordinances, or rules; and 51-2a-201.5 Title 63G, Chapter 6b, State Grants use grant money to: carry out the objectives…

65A-16-301. Water trust -- Powers and duties -- Advisory councils. (1) The grantee under this chapter shall establish a water trust that: is organized: as a private nonprofit organization; or as an agreement between two or more conservation organizations; and complies with this s…

65A-16-302. Coordination -- Great Salt Lake Trust Council powers and duties. (1) The commissioner shall coordinate with the water trust concerning projects designed to meet the objectives of Subsectionor to acquire or lease water or water rights for the Great Salt Lake. 65A-16-20…