Effective 5/10/2016 63L-8-502. Rights-of-way for roads or facilities. (1) If the state receives title to public land from the federal government, the director shall, subject to Subsection (2), honor all: (a) pre-existing rights-of-way granted to individuals, corporations, or political subdivisions, subject to Subsection (2); and (b) rights-of-way asserted in quiet title lawsuits filed by the […]
Effective 5/10/2016 63L-8-503. Grant, issue, or renewal of land use authorizations on public lands. (1) The director is authorized to grant, issue, or renew land use authorizations over, upon, under, or through public land for: (a) a reservoir, canal, ditch, flume, lateral, pipe, pipeline, tunnel, or other facility or system for the impoundment, storage, transportation, […]
Effective 5/10/2016 63L-8-504. Roads. (1) The director, with respect to public land, is authorized to provide for the authorization, construction, and maintenance of new and necessary roads within the public land that will permit utilization of the natural resources on such land, including the seven principal or major uses described in Section 63L-8-103. (2) The […]
Effective 5/10/2016 63L-8-505. Maintenance of facilities. (1) (a) The director may require a user of a road, trail, land, or other facility administered by the DLM, or authorized by a DLM issued land use authorization, to: (i) maintain facilities in a satisfactory condition commensurate with the particular use requirements of each; or (ii) reconstruct the […]
Effective 5/10/2016 63L-8-506. Right-of-way corridors — Criteria and procedures applicable for designation. (1) Utilization of a right-of-way in common is suggested to the extent practical in order to minimize adverse environmental impacts and the proliferation of separate rights-of-way. (2) In designating a right-of-way corridor, the director shall take into consideration: (a) national, state, and local […]
Effective 5/10/2016 63L-8-507. General requirements. (1) (a) Each land use authorization granted, issued, or renewed shall be limited to a reasonable term in light of all circumstances concerning the project, not exceeding 5 years. (b) In determining the duration of a land use authorization, the director shall: (i) take into consideration the cost of the […]
Effective 5/10/2016 63L-8-508. Terms and conditions. Each land use authorization shall contain terms and conditions that: (1) carry out the purposes of this chapter and rules issued under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2) minimize damage to scenic and esthetic values, fish and wildlife habitat, and otherwise […]
Effective 5/10/2016 63L-8-509. Suspension or termination — Grounds — Procedures applicable. (1) The following are grounds for suspension or termination of a land use authorization: (a) abandonment; or (b) noncompliance with: (i) a provision of this chapter; (ii) an applicable rule established by the DLM in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking […]
Effective 5/10/2016 63L-8-510. Rights-of-way for state departments and agencies. The director may issue a land use authorization upon or under public land to a department or agency of the state, subject to such terms and conditions as the director imposes. Enacted by Chapter 317, 2016 General Session
Effective 5/10/2016 63L-8-511. Applicability. (1) No land use authorization shall be granted, issued, or renewed over, upon, under, or through public land, except as described in this part. (2) Nothing in this part shall be construed to preclude the use of public land covered by this section for a highway purpose. Enacted by Chapter 317, […]
