Superseded 7/1/2023)

73-29-102.  Definitions.
     As used in this chapter:

(1)  “Division” means the Division of Wildlife Resources.

Terms Used In Utah Code 73-29-102

(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and
(b) is open to public recreational access under Section 73-29-203; and
(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102
  • Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
  • Public water: means water:
    (i) described in Section 73-1-1; and
    (ii) flowing or collecting on the surface:
    (A) within a natural or realigned channel; or
    (B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
  • Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
    (i) floating;
    (ii) fishing; or
    (iii) waterfowl hunting conducted:
    (A) in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and
    (B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102
  • 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)  “Floating access” means the right to access public water flowing over private property for floating and fishing while floating upon the water.

    (3)  “Impounded wetlands” means a wetland or wetland pond that is formed or the level of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of water, including connecting channels.

    (4)  “Navigable water” means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation.

    (5)  “Private property to which access is restricted” means privately owned real property:

    (a)  that is cultivated land, as defined in Section 23-20-14;

    (b)  that is:

    (i)  properly posted, as defined in Section 23-20-14;

    (ii)  posted as described in Subsection 76-6-206(2)(b)(iii); or

    (iii)  posted as described in Subsection 76-6-206.3(2)(c);

    (c)  that is fenced or enclosed as described in:

    (i)  Subsection 76-6-206(2)(b)(ii); or

    (ii)  Subsection 76-6-206.3(2)(b); or

    (d)  that the owner or a person authorized to act on the owner’s behalf has requested a person to leave as provided by:

    (i)  Section 23-20-14;

    (ii)  Subsection 76-6-206(2)(b)(i); or

    (iii)  Subsection 76-6-206.3(2)(a).

    (6)  “Public access area” means the limited part of privately owned property that:

    (a)  lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and

    (b)  is open to public recreational access under Section 73-29-203; and

    (c)  can be accessed from an adjoining public assess area or public right-of-way.

    (7)  “Public recreational access” means the right to engage in recreational access established in accordance with Section 73-29-203.

    (8) 

    (a)  “Public water” means water:

    (i)  described in Section 73-1-1; and

    (ii)  flowing or collecting on the surface:

    (A)  within a natural or realigned channel; or

    (B)  in a natural lake, pond, or reservoir on a natural or realigned channel.

    (b)  “Public water” does not include water flowing or collecting:

    (i)  on impounded wetland;

    (ii)  on a migratory bird production area, as defined in Section 23-28-102;

    (iii)  on private property in a manmade:

    (A)  irrigation canal;

    (B)  irrigation ditch; or

    (C)  impoundment or reservoir constructed outside of a natural or realigned channel; or

    (iv)  on a jurisdictional wetland described in 33 C.F.R. § 328.3.

    (9) 

    (a)  “Recreational access” means to use a public water and to touch a public access area incidental to the use of the public water for:

    (i)  floating;

    (ii)  fishing; or

    (iii)  waterfowl hunting conducted:

    (A)  in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and

    (B)  so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling.

    (b)  “Recreational access” does not include:

    (i)  hunting, except as provided in Subsection (9)(a)(iii);

    (ii)  wading without engaging in activity described in Subsection (9)(a); or

    (iii)  any other activity.

    Enacted by Chapter 410, 2010 General Session

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