Utah Code 63L-8-505. Maintenance of facilities
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Terms Used In Utah Code 63L-8-505
- 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
- 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
- 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
- Public land: means any land or land interest:
(10)(a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:(10)(a)(i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and(10)(a)(ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or(10)(b) for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5(1)(a) The director may require a user of a road, trail, land, or other facility administered by the DLM, or authorized by a DLM issued land use authorization, to:(1)(a)(i) maintain facilities in a satisfactory condition commensurate with the particular use requirements of each; or(1)(a)(ii) reconstruct the facility when the reconstruction is determined necessary to accommodate use.(1)(b) If maintenance or reconstruction cannot be provided, or if the director determines that maintenance or reconstruction by a user would not be practical, the director may require that sufficient funds be deposited by the user to provide the user’s portion of the total maintenance or reconstruction.(2) Whenever the director obtains money for use on, or in connection with, a new or existing road or the right to use such roads, the money shall be placed in the Public Land Management Fund created in Section 63L-8-308.