Effective 5/13/2014
63L-7-105. Report to the governor — Governor’s report to the Legislature — Designation of a protected wilderness area — Modification of a protected wilderness area — Rulemaking authority.
63L-7-105. Report to the governor — Governor’s report to the Legislature — Designation of a protected wilderness area — Modification of a protected wilderness area — Rulemaking authority.
- (1) Within five years of the acquisition date of a parcel of land, the director of PLPCO shall:
- (a) review all areas identified as conservation areas under Section 63L-7-104; and
- (b) subject to Subsection (3), submit a report and recommendation to the governor on the suitability of a conservation area for designation as a protected wilderness area.
- (2) Before making a recommendation, the director of PLPCO shall:
- (a) give notice of the proposed recommendation in a newspaper having general circulation in the vicinity of the affected land;
- (b) hold a public hearing at a location convenient to citizens who live in the affected area; and
- (c) at least 30 days before the date of the hearing described in Subsection (2)(b), invite local authorities to submit their opinions on the proposed action:
- (i) at the hearing; or
- (ii) to the director of PLPCO, in writing, no later than 30 days after the day on which the hearing is held.
- (3) Any opinions submitted to the director of PLPCO shall be included with any recommendations to the governor under Subsection (2) and the Legislature under Subsection (5).
- (4) The governor shall, after receiving the reports described in Subsection (1)(b):
- (a) formulate a recommendation on which conservation areas to designate as protected wilderness areas; and
- (b) advise the speaker of the House of Representatives and the president of the Senate of the governor’s recommendation.
- (5) An area shall be designated as a protected wilderness area upon a concurrent resolution of the Legislature, the governor concurring therein, including:
- (a) the legal description of the proposed protected wilderness area; and
- (b) any special conditions that shall be placed upon the protected wilderness area.
- (6) Any modification or adjustment to the boundaries of a protected wilderness area shall be:
- (a) recommended by the director of PLPCO after public notice of, and hearing on, the proposal, as described in Subsections (1) and (2); and
- (b) made official as described in Subsections (4) and (5).
- (7) DNR shall make rules governing the protection of a protected wilderness area.
Enacted by Chapter 323, 2014 General Session