4-18-105.  Conservation Commission — Functions and duties.

(1)  The commission shall:

Terms Used In Utah Code 4-18-105

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Land: includes :Utah Code 68-3-12.5
  • Pollution: means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. See Utah Code 4-18-103
  • 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
  • Sustainable agriculture: means agriculture production and practices that promote:
(a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and
(b) the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  facilitate the development and implementation of the strategies and programs necessary to:

    (i)  protect, conserve, use, and develop the soil, water, and air resources of the state; and

    (ii)  promote the protection, integrity, and restoration of land for agricultural and other beneficial purposes;

    (b)  disseminate information regarding districts’ activities and programs;

    (c)  supervise the formation, reorganization, or dissolution of districts according to the requirements of Title 17D, Chapter 3, Conservation District Act;

    (d)  prescribe uniform accounting and recordkeeping procedures for districts and require each district to submit annually the information required in Section 17D-3-103;

    (e)  approve and make loans for purposes listed in Section 4-18-106, through the loan advisory board described in Section 4-18-106, from the Agriculture Resource Development Fund;

    (f)  seek to obtain and administer federal or state money in accordance with applicable federal or state guidelines and make loans or grants from that money to an eligible entity, as defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the preservation of soil, water, and air resources, or for a reason set forth in Section 4-18-108;

    (g)  seek to coordinate soil and water protection, conservation, and development activities and programs of state agencies, local governmental units, other states, special interest groups, and federal agencies;

    (h)  when assigned by the governor, when required by contract with the Department of Environmental Quality, or when required by contract with the United States Environmental Protection Agency:

    (i)  develop programs for the prevention, control, or abatement of new or existing pollution to the soil, water, or air of the state;

    (ii)  advise, consult, and cooperate with affected parties to further the purpose of this chapter;

    (iii)  conduct studies, investigations, research, and demonstrations relating to agricultural pollution issues;

    (iv)  give reasonable consideration in the exercise of its powers and duties to the economic impact on sustainable agriculture;

    (v)  meet the requirements of federal law related to water and air pollution in the exercise of the commission’s powers and duties; and

    (vi)  establish administrative penalties relating to agricultural discharges as defined in Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm; and

    (i)  coordinate with the Division of Conservation created in Section 4-46-401.

    (2)  The commission may:

    (a)  employ, with the approval of the department, an administrator and necessary technical experts and employees;

    (b)  execute contracts or other instruments necessary to exercise the commission’s powers;

    (c)  take necessary action to promote and enforce the purpose and findings of Section 4-18-102;

    (d)  sue and be sued; and

    (e)  adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and Subsections (2)(b) and (c).

    Amended by Chapter 126, 2023 General Session