Utah Code 63L-8-202. Land use planning

63L-8-202. Land use planning.

(1)

The director, in consultation with the board, the commissioner, and other state agencies with management authority over other state owned land and resources affected by land use planning shall, with public involvement, develop, maintain, and revise land use plans that address the use and conservation of public land in the state.

Terms Used In Utah Code 63L-8-202

Board: means the board created in Section 63L-9-104. See Utah Code 63L-8-102
Commissioner: means the commissioner of the Department of Agriculture and Food, or the commissioner's designee. See Utah Code 63L-8-102
Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
Land: includes :Utah Code 68-3-12.5
Land use authorization: means an easement, lease, permit, or license to occupy, use, or traverse public land granted for a particular purpose. See Utah Code 63L-8-102
Multiple use: means :

(a)	the management of the public land and the public land's various resource values so resources are best utilized in the combination that will meet the present and future needs of the citizens of Utah;

(b)	making the most judicious use of land for some or all of the resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;

(c)

a combination of balanced and diverse resource uses that take into account the long-term needs of future generations for renewable and nonrenewable resources, including recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values; and

(d)

harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources. See Utah Code 63L-8-102

Public land: means any land or land interest:

(a)

acquired by the state from the federal government pursuant to Section 63L-6-103, except:

(i)	areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and

(ii)	lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or

(b)

for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102

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

Sustained yield: means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public land consistent with multiple use. See Utah Code 63L-8-102

(2)

In the development and revision of land use plans, the director shall:

(a)	use and observe the principles of multiple use and sustained yield;

(b)	develop rules describing the degree of planning necessary for each category of activity upon, or conservation of, public land;

(c)	provide for compliance with applicable pollution control laws;

(d)	make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened under the federal Endangered Species Act of 1973, as amended, on public land; and

(e)

to the extent consistent with the laws governing the administration of the public land:

(i)	coordinate the land use inventory, planning, and management activities for public land with the land use planning and management programs of the county government within which the public land is located; and

(ii)	involve the public and local county officials in the development of land use programs, land use rules, and land use decisions for public land, including early public notice of proposed decisions, programs, or regulations that may have a significant impact on non-public land.

(3)	The director shall, to the maximum extent possible and consistent with this chapter, implement land use plans that provide for consistent results with local land use plans.

(4)

(a)	Management decisions shall remain subject to reconsideration, modification, and termination through revision by the director, subject to contractual rights granted by any land use authorization issued by the division.

(b)	The director shall report to the speaker of the House of Representatives and the president of the Senate on a management program or policy decision that eliminates, for two or more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or more.

(5)

The director shall:

(a)	allow an opportunity for public involvement; and

(b)	establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to give governments and the public adequate notice and opportunity to comment upon and participate in the formulation of plans, programs, and policies relating to the management of the public land.

Enacted by Chapter 317, 2016 General Session

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