Utah Code 63L-8-304 v2. Enforcement authority

Effective 7/1/2023

63L-8-304. Enforcement authority.

(1)	The director shall issue rules as necessary to implement the provisions of this chapter with respect to the management, use, and protection of the public land and property located on the public land.

Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
DLM: means the Department of Land Management, created in Section 63L-9-102. See Utah Code 63L-8-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :Utah Code 68-3-12.5
Person: means :Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
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
(2)	At the request of the director, the attorney general may institute a civil action in a district court for an injunction or other appropriate remedy to prevent any person from utilizing public land in violation of this chapter or rules issued by the director under this chapter.

(3)	The use, occupancy, or development of any portion of the public land contrary to any rule issued by the DLM in accordance with this chapter, and without proper authorization, is unlawful and prohibited.

(4)

(a)

The locally elected county sheriff is the primary law enforcement authority with jurisdiction on public land to enforce:

(i)	all the laws of this state; and

(ii)	this chapter and rules issued by the director pursuant to Subsection (1).

(b)

The governor may utilize the Department of Public Safety for the purposes of assisting the county sheriff in enforcing:

(i)	all the laws of this state and this chapter; and

(ii)	rules issued by the director pursuant to Subsection (1).

(c)	Conservation officers employed by the Division of Wildlife Resources have authority to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of any protected wildlife.

(d)	A conservation officer shall work cooperatively with the locally elected county sheriff to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of protected wildlife.

(e)	Nothing herein shall be construed as enlarging or diminishing the responsibility or authority of a state certified peace officer in performing the officer’s duties on public land.

Amended by Chapter 34, 2023 General Session