Terms Used In Utah Code > Title 4 > Chapter 46 - Conservation Coordination Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adversely affected party: means a person other than a land use applicant who:

  (a)	owns real property adjoining the property that is the subject of a land use application or land use decision; or

  (b)

  will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of Transportation, if: (a)  the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b)  the entity has filed with the county a copy of the entity's general or long-range plan; or (c)  the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103 Agricultural land: means "land in agricultural use" as defined in Section 59-2-502. See Utah Code 4-46-102 Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Board: means the Land Conservation Board established in Section 4-46-201. See Utah Code 4-46-102 Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103 Committee: means the Decision and Action Committee created by this chapter. See Utah Code 4-35-102 Conservation commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-46-102 Conservation district: means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. See Utah Code 4-46-102 Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (a)  Fifth or Fourteenth Amendment of the Constitution of the United States; or (b)  Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County utility easement: means an easement that: (a)  a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement; (b)  is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (c)  the county or the county's affiliated governmental entity owns or creates; and (d)  (i)  either: (A)  no person uses or occupies; or (B)  the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or (ii)  a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103 Credit union: means a cooperative, nonprofit association incorporated under: (a)  Chapter 9, Utah Credit Union Act; or (b)  12 U. See Utah Code 7-1-103 Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001 Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001 Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that: (a)  owns, controls, or manages a critical infrastructure materials operations; and (b)  has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-27a-1001 Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Department: means the Department of Financial Institutions. See Utah Code 7-1-103 Department: means the Department of Agriculture and Food. See Utah Code 4-35-102 Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that: (a)  holds or receives deposits, savings, or share accounts; (b)  issues certificates of deposit; or (c)  provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103 Depository institution holding company: means : (i)  a person other than an individual that: (A)  has control over a depository institution; or (B)  becomes a holding company of a depository institution under Section 7-1-703; or (ii)  a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103 Director: means the director of the Division of Conservation. See Utah Code 4-46-102 Division: means the Division of Conservation created in Section 4-46-401. See Utah Code 4-46-102 Donee: The recipient of a gift. Donor: The person who makes a gift. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fund: means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301. See Utah Code 4-46-102 Fund: means the Plant Pest Fund created by Section 4-35-106. See Utah Code 4-35-102 General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of: (a)  the unincorporated land within the county; or (b)  for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103 Geologic hazard: means : (a)  a surface fault rupture; (b)  shallow groundwater; (c)  liquefaction; (d)  a landslide; (e)  a debris flow; (f)  unstable soil; (g)  a rock fall; or (h)  any other geologic condition that presents a risk: (i)  to life; (ii)  of substantial loss of real property; or (iii)  of substantial damage to real property. See Utah Code 17-27a-103 Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a)  recording a subdivision plat; or (b)  development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103 Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that: (a)  is required for human consumption; and (b)  an applicant must install: (i)  in accordance with published installation and inspection specifications for public improvements; and (ii)  as a condition of: (A)  recording a subdivision plat; (B)  obtaining a building permit; or (C)  developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution: means : (a)  a corporation; (b)  a limited liability company; (c)  a partnership; (d)  a trust; (e)  an association; (f)  a joint venture; (g)  a pool; (h)  a syndicate; (i)  an unincorporated organization; or (j)  any form of business entity. See Utah Code 7-1-103 Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103 Internal lot restriction: means a platted note, platted demarcation, or platted designation that: (a)  runs with the land; and (b)  (i)  creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii)  designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 17-27a-103 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 Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103 Land use authority: means : (a)  a land use authority, as defined in Section 10-9a-103, of a municipality; or (b)  a land use authority, as defined in Section 17-27a-103, of a county. See Utah Code 4-46-102 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; (b)  a land use application; or (c)  the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103 Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103 Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109 Local entity: means a county, city, or town. See Utah Code 4-46-102 Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103 Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608: (i)  whether or not the lots are located in the same subdivision; and (ii)  with the consent of the owners of record. See Utah Code 17-27a-103 motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 4-33-103 Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103 Nonconforming use: means a use of land that: (a)  legally existed before the current land use designation; (b)  has been maintained continuously since the time the land use ordinance regulation governing the land changed; and (c)  because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103 Open land: includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that: (i)  enhance the natural, scenic, or aesthetic qualities of the land; or (ii)  facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. See Utah Code 4-46-102 Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109 Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103 Parcel: means any real property that is not a lot. See Utah Code 17-27a-103 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103 Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 Person: means : (a)  an individual; (b)  a corporation; (c)  a limited liability company; (d)  a partnership; (e)  a trust; (f)  an association; (g)  a joint venture; (h)  a pool; (i)  a syndicate; (j)  a sole proprietorship; (k)  an unincorporated organization; or (l)  any form of business entity. See Utah Code 7-1-103 Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102 Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103 Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103 Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103 Remand: When an appellate court sends a case back to a lower court for further proceedings. Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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: means , unless the context demands otherwise: (a)  a state; (b)  the District of Columbia; or (c)  the territories of the United States. See Utah Code 7-1-103 State: includes any department, division, or agency of the state. See Utah Code 17-27a-103 State conservation efforts: includes : (i)  efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and (ii)  conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land. See Utah Code 4-46-102 Statute: A law passed by a legislature. Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103 Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 17-27a-608 that: (i)  vacates all or a portion of the subdivision; (ii)  alters the outside boundary of the subdivision; (iii)  changes the number of lots within the subdivision; (iv)  alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or (v)  alters a common area or other common amenity within the subdivision. See Utah Code 17-27a-103 Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103 Trustee: A person or institution holding and administering property in trust. Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before: (a)  a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and (b)  January 1, 2019. See Utah Code 17-27a-1001 Working agricultural land: includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-46-102 Writing: includes :Utah Code 68-3-12.5