Section 202 – Adding to or removing land from a migratory bird production area.

Effective 5/5/2021
23-28-202. Adding to or removing land from a migratory bird production area.

• (1) Subject to the other provisions of this section, a landowner may file a revision notice with the county recorder of the county in which the migratory bird production area is located to add land to or remove land from a migratory bird production area.

• (2) The revision notice shall contain:
  • (a) a legal description of the land added to or removed from the migratory bird production area; and
  • (b) the name of the owner or owners of the land added to or removed from the migratory bird production area.

• (3) A person who files a revision notice under this section shall give a copy of the revision notice within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.

• (4) If removing land from a migratory bird production area results in a migratory bird production area of less than 300 contiguous acres:
  • (a) the migratory bird production area ceases to exist; and
  • (b) the landowner shall:
    • (i) notify each landowner within the former migratory bird production area; and
    • (ii) file the revision notice required by this section for the entire migratory bird production area.

• (5) A landowner may add land to a migratory bird production area only if:
  • (a) the land to be added is contiguous to the migratory bird production area; and
  • (b) all the landowners of the contiguous land to be added to the migratory bird production area consent to the contiguous land being added to the migratory bird production area.

• (6) A landowner of a migratory bird production area may include an easement in the migratory bird production area if:
  • (a) the landowner owns the easement;
  • (b) the easement is on land that is contiguous to the migratory bird production area; and
  • (c) the owner of the land where the easement is located consents to the easement being included in the migratory bird production area.

Amended by Chapter 41, 2021 General Session