Renumbered 7/1/2023)

Renumbered 7/1/2023
9-8-402.  Definitions — Division duties.

(1)  In addition to the definitions described in Section 9-8-302, as used in this part:

Terms Used In Utah Code 9-8-402

  • Division: means the Division of State History. See Utah Code 9-8-102
  • Historic property: means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8-402
  • 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.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • State register: means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history. See Utah Code 9-8-402
(a)  “Effect” means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places.

(b)  “Historic property” means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places.

(c)  “State register” means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history.

(d)  “Undertaking” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a state agency, including a project, activity, or program:

(i)  carried out by or on behalf of a state agency;

(ii)  carried out with financial assistance from the state; or

(iii)  that requires a state permit, license, or approval.

(2)  The division shall:

(a)  constitute the historic preservation agency for this state;

(b)  establish a state register for the orderly identification and recognition of the state’s cultural resources; and

(c)  provide for participation in the National Historic Preservation Program.

Amended by Chapter 221, 2019 General Session