In administering the program created in Section 79-2-504, the department shall:
Terms Used In Utah Code 79-2-505
Compensatory mitigation: means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks. See Utah Code 79-2-502
Department: means the Department of Natural Resources created in Section 79-2-201. See Utah Code 79-1-102
Permanently disturb: means an action that disrupts the common activities of sage grouse for a period of more than five years and includes all areas where the effects of the action could be expected to disrupt the common activities of sage grouse for a period of more than five years. See Utah Code 79-2-502
Program: means the Sage Grouse Compensatory Mitigation Program created under Section 79-2-504. See Utah Code 79-2-502
Sage grouse: means the greater sage-grouse, or the species centrocercus urophasianus. See Utah Code 79-2-502
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
create a system through which:
(i)
a person may:
(A)
generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and
(B)
sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;
(ii)
the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;
(iii)
a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state’s total cost of enhancing and dedicating the land; and
(iv)
a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;
(b)
create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);
(c)
establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and
(d)
consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.
(2)
The state’s total cost described under Subsection (1)(a)(iii) may include costs associated with the department’s administration of the program.
