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Section 301 – Legislative finding and purpose.

65A-8-301. Legislative finding and purpose. (1) The Legislature finds the health and welfare of the people of the state require the preservation of certain rare, or threatened, or vanishing species of trees to preserve the state’s scenic beauty and preserve its historic past as it relates to such trees. (2) It is the intent of […]

Section 303 – Application to alter or remove trees.

65A-8-303. Application to alter or remove trees. (1) Any person that desires to alter or remove one or more heritage trees from any public property within this state shall before altering or removing any such tree make application to the division on forms prescribed by it. (2) An application for alteration or removal shall be […]

Section 305 – Powers of division.

65A-8-305. Powers of division. The division may: (1) grant or deny applications for designation of heritage trees from individuals, local shade tree commissions, or local governments; (2) grant or deny applications for alteration or removal of heritage trees; (3) acquire land if one or more heritage trees are located on the land; (4) accept gifts, […]

Section 307 – Exemption for emergency or permit.

65A-8-307. Exemption for emergency or permit. This part shall not apply to any emergency when heritage trees constitute a danger to life or property, or to any person whose application for alteration or removal of a heritage tree has been granted by the division. Renumbered and Amended by Chapter 136, 2007 General Session

Section 308 – Enforcement — Prosecution of violations.

65A-8-308. Enforcement — Prosecution of violations. (1) County sheriffs, police, and other law enforcement officers within their respective jurisdictions are responsible for the enforcement of this part. (2) The county attorney or district attorney shall prosecute any violation of this part. Renumbered and Amended by Chapter 136, 2007 General Session

Section 309 – Injury — Violation of part — Misdemeanor.

65A-8-309. Injury — Violation of part — Misdemeanor. Any person who intentionally or knowingly alters, injures, damages, or causes death of a heritage tree or who otherwise violates this part is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 136, 2007 General SessionAmended by Chapter 229, 2007 General Session