Utah Code 23A-1-206. New development
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 23A-1-206
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- 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
- Wildlife: means :
(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(1)(a) “Mitigate” means an activity intended to lessen known negative impacts caused by wildlife, including relocating or distracting wildlife.(1)(b) “New development” means the conversion in use of previously undeveloped land into a developed state that occurs on or after May 1, 2024.(1)(c) “Wildlife damage or nuisance claim” means:(1)(c)(i) a depredation claim;(1)(c)(ii) a wildlife damage claim; or(1)(c)(iii) 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.