Section 401 – Preparation of project area plan — Required contents of project area plan.

• (1)
  • (a) The lake authority board’s adoption of a project area plan is governed by this part.
  • (b) In order to adopt a project area plan, the lake authority board shall:
    • (i) prepare a draft project area plan;
    • (ii) give notice as required under Subsection 11-65-402(2);
    • (iii) hold the public meetings required under Subsection 11-65-402(1) at least 30 days apart; and
    • (iv) after holding the required public meetings and subject to Subsection (1)(c), adopt the draft project area plan as the project area plan.
  • (c)
    • (i) The lake authority board may not adopt the project area plan until at least 30 days after the last public meeting under Section 11-65-402.
    • (ii) Before adopting a draft project area plan as the project area plan, the lake authority board may make modifications to the draft project area plan that the board considers necessary or appropriate.
  • (d)
    • (i) A lease or development agreement that the lake authority enters before the creation of a project area shall provide that the board is not required to create a project area.
    • (ii) The lake authority may not be required to pay any amount or incur any loss or penalty for the board’s failure to create a project area.

• (2) Each project area plan and draft project area plan shall contain:
  • (a) a legal description of the boundary of the project area that is the subject of the project area plan;
  • (b) the lake authority’s purposes and intent with respect to the project area;
  • (c) a description of any management proposed to occur within the project area; and
  • (d) the board’s findings and determination that:
    • (i) there is a need to effectuate a public purpose;
    • (ii) there is a public benefit to the proposed management project;
    • (iii) it is economically sound and feasible to adopt and carry out the project area plan; and
    • (iv) carrying out the project area plan will promote the purposes of the lake authority, as stated in Section 11-65-203.

Enacted by Chapter 59, 2022 General Session