Section 201 – Creation of a migratory bird production area.

• (1)
  • (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres of land in an unincorporated area may dedicate the land as a migratory bird production area by filing a notice of dedication with the county recorder of the county in which the land is located.
  • (b) The notice of dedication shall contain:
    • (i) the legal description of the land included within the migratory bird production area;
    • (ii) the name of the owner or owners of the land included within the migratory bird production area; and
    • (iii) an affidavit signed by each landowner that all of the land, except as provided by Subsection (2), within the migratory bird production area is:
      • (A) actively managed for migratory bird:
        • (I) production;
        • (II) habitat; or
        • (III) hunting; and
      • (B) used for a purpose compatible with the purposes described in Subsection (1)(b)(iii)(A).
  • (c) A person who files a notice of dedication under this section shall give a copy of the notice of dedication within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.

• (2)
  • (a) The notice of dedication may designate land, the amount of which is less than 1% of the total acreage within a migratory bird production area, upon which the landowner may build a structure described in Subsection 23-28-302(1)(c).
  • (b)
    • (i) An owner may build or maintain a road, dike, or water control structure within the migratory bird production area.
    • (ii) A road, dike, or water control structure is not considered a structure for purposes of Subsection (2)(a).

• (3)
  • (a) Within 30 days of the day on which the county legislative body receives a copy of the notice of dedication under Subsection (1)(c), the county legislative body may bring an action in district court to cancel or revise a migratory bird production area on the basis that an affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
  • (b) In bringing the action, the county legislative body shall specify the portion of the migratory bird production area and the affidavit subject to the action.
  • (c) In an action brought under this Subsection (3), the person who files an affidavit described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that the affidavit is accurate.
  • (d) If the court cancels or revises a migratory bird production area, the person who filed the original notice of dedication shall file a revision notice with the county recorder reflecting the court’s order.

• (4) In accordance with Section 23-28-202, a person may at any time add land to a migratory bird production area created under this section.

Amended by Chapter 41, 2021 General Session