Utah Code 11-65-401. Preparation of project area plan — Required contents of project area plan

11-65-401. Preparation of project area plan — Required contents of project area plan.

(1)

Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101

(a)	The lake authority board‘s adoption of a project area plan is governed by this part.

(b)

In order to adopt a project area plan, the lake authority board shall:

(i)	prepare a draft project area plan;

(ii)	give notice as required under Subsection 11-65-402(2);

(iii)

hold the public meetings required under Subsection 11-65-402(1) at least 30 days apart; and

(iv)	after holding the required public meetings and subject to Subsection (1)(c), adopt the draft project area plan as the project area plan.

(c)

(i)	The lake authority board may not adopt the project area plan until at least 30 days after the last public meeting under Section 11-65-402.

(ii)	Before adopting a draft project area plan as the project area plan, the lake authority board may make modifications to the draft project area plan that the board considers necessary or appropriate.

(d)

(i)	A lease or development agreement that the lake authority enters before the creation of a project area shall provide that the board is not required to create a project area.

(ii)	The lake authority may not be required to pay any amount or incur any loss or penalty for the board’s failure to create a project area.

(2)

Each project area plan and draft project area plan shall contain:

(a)	a legal description of the boundary of the project area that is the subject of the project area plan;

(b)	the lake authority’s purposes and intent with respect to the project area;

(c)	a description of any management proposed to occur within the project area; and

(d)

the board’s findings and determination that:

(i)	there is a need to effectuate a public purpose;

(ii)	there is a public benefit to the proposed management project;

(iii)

it is economically sound and feasible to adopt and carry out the project area plan; and

(iv)	carrying out the project area plan will promote the purposes of the lake authority, as stated in Section 11-65-203.

Enacted by Chapter 59, 2022 General Session