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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-34-1 Short title.
This act shall be known and may be cited as the "Utah
Natural Resources Act."
1967
63-34-3 Department of Natural Resources created - Boards, councils, and divisions within department.
(1) There is created within state government the Department of Natural Resources.
(2) The Department of Natural Resources comprises the following boards, councils, and divisions:
(a) Board of Water Resources;
(b) Forestry, Fire and State Lands Advisory Council;
(c) Board of Oil, Gas and Mining;
(d) Board of Parks and Recreation;
(e) Wildlife Board;
(f) Riverway Enhancement Advisory Council;
(g) Board of the Utah Geological Survey;
(h) Water Development Coordinating Council;
(i) Division of Water Rights;
(j) Division of Water Resources;
(k) Division of Forestry, Fire and State Lands;
(l) Division of Oil, Gas and Mining;
(m) Division of Parks and Recreation;
(n) Division of Wildlife Resources; and
(o) Utah Geological Survey.
1996
63-34-3.1 Procedures - Adjudicative proceedings.
The Department of Natural Resources and the divisions,
boards, and councils referred to in Section
63-34-3
shall comply with the procedures and requirements
of Title 63, Chapter 46b, in their adjudicative proceedings.
1990
63-34-3.2 (Contingently Effective). Wetlands Protection Account.
(1) There is created within the General Fund a restricted account known as the Wetlands Protection Account.
(2) The account shall be funded by a $10,000,000 payment resulting from a 2002 Settlement Agreement between the United States Department of the Interior through the Fish and Wildlife Service and the state through the Department of Natural Resources and interest earned on the account.
(3) Funds in the Wetlands Protection Account may be used
in accordance with the public trust doctrine.
2002
63-34-3.3 (Contingently Effective). Recreational Trails and Streams Enhancement and Protection Account.
(1) There is created within the General Fund a restricted account known as the Recreational Trails and Streams Enhancement and Protection Account.
(2) The account shall be funded by a $5,000,000 payment resulting from a 2002 Settlement Agreement between the United States Department of the Interior through the Fish and Wildlife Service and the state through the Department of Natural Resources and interest earned on the account.
(3) Funds in the Recreational Trails and Streams Enhancement and Protection Account may be used for the:
(a) development, improvement, and expansion of motorized and nonmotorized recreational trails on public and private lands in the state; and
(b) preservation, reclamation, enhancement, or conservation
of streams in the state.
2002
63-34-4 Appointment of policy board members - Terms - Qualifications - Expenses - Removal - Conflicts of interest.
(1) The governor, with the consent of the Senate, shall appoint the members of the division policy boards created in Section 63-34-3 .
(2) (a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) The board members shall be appointed for no more than two consecutive terms unless the governor considers an additional appointment necessary due to exceptional circumstances.
(3) Members shall be appointed consistent with the following criteria:
(a) geographical distribution;
(b) expertise or personal experience with subject matter;
(c) diversity of opinion and political preference; and
(d) gender, cultural, and ethnic representation.
(4) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(5) (a) Any member may be removed at any time by the governor for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6) No member of the Legislature may serve as a member of a division policy board.
(7) A board member shall disclose any conflict of interest
to the board and if the conflict involves a direct financial
interest in either the subject under consideration or an
entity or asset that could be substantially affected by the
outcome of board action, the member shall refrain from voting
on the matter.
2002
63-34-5 (Contingently Superseded). Executive director of Department of Natural Resources - Appointment - Removal - Compensation - Responsibilities - Department fee schedule.
(1) (a) The chief administrative officer of the Department of Natural Resources shall be an executive director appointed by the governor with the consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the Department of Natural Resources and provide for coordination and cooperation among the boards, divisions, and offices of the department;
(b) approve the budget of each board and division;
(c) participate in regulatory proceedings as appropriate to the functions and duties of the department;
(d) report at the end of each fiscal year to the governor on department activities, and activities of the boards and divisions; and
(e) perform other duties as provided by the Legislature by statute.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department.
(b) A fee described in Subsection (3)(a) shall:
(i) be reasonable and fair; and
(ii) reflect the cost of services provided.
(c) Each fee established under this Subsection (3) shall be submitted to and approved by the Legislature as part of the department's annual appropriations request.
(d) The department may not charge or collect any fee established
under this Subsection (3) without approval of the Legislature.
2003
63-34-5 (Contingently Effective). Executive director of Department of Natural Resources - Appointment - Removal - Compensation - Responsibilities - Department fee schedule.
(1) (a) The chief administrative officer of the Department of Natural Resources shall be an executive director appointed by the governor with the consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the Department of Natural Resources and provide for coordination and cooperation among the boards, divisions, and offices of the department;
(b) approve the budget of each board and division;
(c) participate in regulatory proceedings as appropriate to the functions and duties of the department;
(d) ensure that funds appropriated to the Department of Natural Resources from the Wetlands Protection Account created by Section 63-34-3.2 are expended in accordance with Subsection 63-34-3.2 (3);
(e) ensure that funds appropriated to the Department of Natural Resources from the Recreational Trails and Streams Enhancement and Protection Account created by Section 63-34-3.3 are expended in accordance with Subsection 63-34-3.3 (3);
(f) report at the end of each fiscal year to the governor on department activities, and activities of the boards and divisions; and
(g) perform other duties as provided by the Legislature by statute.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department.
(b) A fee described in Subsection (3)(a) shall:
(i) be reasonable and fair; and
(ii) reflect the cost of services provided.
(c) Each fee established under this Subsection (3) shall be submitted to and approved by the Legislature as part of the department's annual appropriations request.
(d) The department may not charge or collect any fee established
under this Subsection (3) without approval of the Legislature.
2003
63-34-6 Division directors - Appointment - Removal - Jurisdiction of executive director - Natural resources planning.
(1) (a) The chief administrative officer of each division within the Department of Natural Resources shall be a director appointed by the executive director of the Department of Natural Resources with the concurrence of the board having policy authority for the division.
(b) The director of each division may be removed from office by the executive director of the Department of Natural Resources.
(c) The appointment and term of office of the state engineer, notwithstanding anything to the contrary contained in this section, shall be in accordance with Section 73-2-1 .
(2) (a) The executive director of the Department of Natural Resources shall have administrative jurisdiction over each of the division directors for the purpose of implementing department policy as established by the division boards.
(b) The executive director of the Department of Natural Resources may consolidate personnel and service functions in the respective divisions under his administrative jurisdiction to effectuate efficiency and economy in the operations of the department, and may establish a departmental services division to perform service functions.
(c) This jurisdiction includes the authority of the executive director to employ law enforcement officers and special function officers within the Department of Natural Resources. These law enforcement officers shall have all of the powers of conservation officers provided in Title 23, Fish and Game, and law enforcement officers, with the exception of the power to serve civil process.
(3) (a) The executive director of the Department of Natural Resources, in cooperation with the governmental entities having policymaking authority regarding natural resources, may engage in studies and comprehensive planning for the development and conservation of the state's natural resources.
(b) The executive director shall submit any plans to the
governor for review and approval.
1998
63-34-7 Federal aid programs - Agreements with other states and organizations - Authority of executive director.
The executive director of natural resources, with the approval of the governor, may accept, in behalf of the state of Utah, and bind the state by such acceptance, any executive or legislative provisions that may be promulgated or enacted by the federal government or any agency thereof, whereby the state of Utah is invited, permitted or authorized to participate in the distribution, disbursement or administration of any fund or service, advanced, offered or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department.
If any executive or legislative provisions of the federal
government shall require, as a condition to participation
by the state of Utah in any fund, property or service, the
executive director, with the governor's approval, shall expend
whatever funds are necessary out of the moneys provided by
the Legislature for the use and disbursement of the Department
of Natural Resources.
1969
63-34-8 Budget.
The department of natural resources shall prepare and
submit to the governor, to be included in the budget to be
submitted to the legislature, a budget of the department's
requirements for expenses in carrying out the provisions
of law during the fiscal year next following the convening
of the legislature. The director of each division shall prepare,
with the advice of the division's policy board, a budget
of expenses for the next fiscal year, which shall be submitted
to the director of the department of natural resources to
aid in the preparation of the departmental budget.
1983
63-34-9 Volunteer workers authorized.
The Department of Natural Resources and its divisions
are authorized to use volunteer workers to supplement the
salaried work force.
1981
63-34-10 "Volunteer" defined - Expense reimbursement.
As used in this chapter, "volunteer" means any person
who donates services to the Department of Natural Resources
or its divisions without pay or other compensation. Volunteers
may be reimbursed for expenses actually and necessarily incurred,
to include transportation, meals, lodging, uniforms and other
items as approved by the Department of Finance, in such amounts
and in accordance with the rules and regulations of the Department
of Finance.
1981
63-34-11 Volunteers as state employees.
A volunteer is considered an employee of the state for
the purposes stated in Section
67-20-3
.
1999
63-34-12 Approval prerequisite to volunteer service - Rules and regulations.
(1) Volunteers may not donate any service to the Department of Natural Resources or its divisions unless and until the work program in which volunteers would serve has first been approved, in writing, by the executive director of the Department of Natural Resources and the Department of Human Resource Management.
(2) Volunteer services shall comply with any rules adopted
by the Department of Human Resource Management relating to
that service that are not inconsistent with the provisions
of Sections
63-34-9
through
63-34-12
.
1988
63-34-13 Private property ombudsman - Powers - Arbitration procedures.
(1) As used in this section:
(a) "Constitutional taking" or "taking" means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by:
(i) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(ii) Utah Constitution Article I, Section 22.
(b) "Takings law" means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that require a governmental unit to compensate a private property owner for a constitutional taking.
(2) (a) There is created a private property ombudsman in the Department of Natural Resources.
(b) The executive director of the Department of Natural Resources shall hire a person with background or expertise in takings law to fill the position.
(c) The person hired to fill the position is an exempt employee.
(d) The executive director of the Department of Natural Resources may hire clerks, interns, or other personnel to assist the private property ombudsman.
(3) The private property ombudsman shall:
(a) develop and maintain expertise in and understanding of takings law;
(b) assist state agencies and local governments in developing the guidelines required by this chapter and, Chapter 90a, Constitutional Taking Issues;
(c) at the request of a state agency or local government, assist the state agency or local government in analyzing actions with potential takings implications;
(d) advise private property owners who have a legitimate potential or actual takings claim against a state or local government entity;
(e) identify state or local government actions that have potential takings implications and, if appropriate, advise those state or local government entities about those implications;
(f) provide information to private citizens, civic groups, government entities, and other interested parties about takings law and their rights and responsibilities under it;
(g) if appropriate and requested to do so by the private property owner, mediate or conduct or arrange arbitration for disputes between private property owners and government entities that involve:
(i) takings issues law;
(ii) actions for eminent domain under Title 78, Chapter 34, Eminent Domain; or
(iii) disputes about relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and
(h) if arbitration or mediation is requested by the private property owner under this section, Section 78-34-21 or 57-12-14 , and arranged by the private property ombudsman, the government entity or condemning entity shall participate in the mediation or arbitration as if the matter were ordered to arbitration by a court.
(4) (a) (i) In conducting or arranging for arbitration, the private property ombudsman shall follow the procedures and requirements of Title 78, Chapter 31a, Utah Arbitration Act.
(ii) In applying the Utah Arbitration Act, the arbitrator and parties shall treat the matter as if:
(A) it were ordered to arbitration by a court; and
(B) the private property ombudsman or other arbitrator chosen as provided for in this section was appointed as arbitrator by the court.
(iii) For the purpose of arbitrations conducted under this section, if the dispute to be arbitrated is not already the subject of legal action, the district court having jurisdiction over the county where the private property involved in the dispute is located shall act as the court referred to in Title 78, Chapter 31a, Utah Arbitration Act.
(iv) The award from an arbitration conducted under this chapter may not be vacated under the provisions of Subsection 78-31a-14 (1)(e), Utah Arbitration Act, because of the lack of an arbitration agreement between the parties.
(b) The private property ombudsman shall issue a written statement declining to arbitrate or to appoint an arbitrator when, in the opinion of the private property ombudsman:
(i) the issues are not ripe for review;
(ii) assuming the alleged facts are true, no cause of action exists under United States or Utah law;
(iii) all issues raised are beyond the scope of the ombudsman's statutory duty to review; or
(iv) the arbitration is otherwise not appropriate.
(c) (i) The private property ombudsman shall appoint another person to arbitrate a dispute when:
(A) either party objects to the private property ombudsman serving as the arbitrator and agrees to pay for the services of another arbitrator;
(B) the private property ombudsman declines to arbitrate the dispute for a reason other than those stated in Subsection (4)(b) and one or both parties are willing to pay for the services of another arbitrator; or
(C) the private property ombudsman determines that it is appropriate to appoint another person to arbitrate the dispute with no charge to the parties for the services of the appointed arbitrator.
(ii) In appointing another person to arbitrate a dispute, the private property ombudsman shall appoint an arbitrator who is:
(A) agreeable to both parties; or
(B) agreeable to the party paying for the arbitrator and the private property ombudsman.
(iii) The private property ombudsman may, on the initiative of the private property ombudsman or upon agreement of both parties, appoint a panel of arbitrators to conduct the arbitration.
(iv) The Department of Natural Resources may provide an arbitrator per diem and reimburse expenses incurred in the performance of the arbitrator's duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(d) In arbitrating a dispute, the arbitrator shall apply the relevant statutes, case law, regulations, and rules of Utah and the United States in conducting the arbitration and in determining the award.
(e) The property owner and government entity may agree in advance of arbitration that the arbitration shall be binding and that no de novo review may occur.
(f) Arbitration by or through the private property ombudsman is not necessary before bringing legal action to adjudicate any claim.
(g) The lack of arbitration by or through the private property ombudsman does not constitute, and may not be interpreted as constituting, a failure to exhaust available administrative remedies or as a bar to bringing legal action.
(h) Arbitration under this section is not subject to Chapter 46b, Administrative Procedures Act, or Title 78, Chapter 31b, Alternative Dispute Resolution Act.
(i) Within 30 days after the arbitrator issues the final award and except as provided in Subsection (4)(e), any party may submit the award or any issue upon which the award is based to the district court for de novo review.
(5) The filing with the private property ombudsman of a request for mediation or arbitration of a constitutional taking issue does not stay any county or municipal land use decision, including the decision of a board of adjustment.
(6) The private property ombudsman may not be compelled to testify in a civil action filed with regard to the subject matter of any review or arbitration by the ombudsman.
(7) (a) Except as provided in Subsection (7)(b), evidence of a review by the private property ombudsman and his opinions, writings, findings, and determinations are not admissible as evidence in an action subsequently brought in court and dealing with the same dispute.
(b) Subsection (7)(a) does not apply to:
(i) actions brought under authority of Title 78, Chapter 6, Small Claims Courts;
(ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78, Chapter 31a, Utah Arbitration Act; or
(iii) actions for de novo review of an arbitration award or issue brought under the authority of Subsection (4)(i).
(8) The private property ombudsman may not represent private
property owners, state agencies, or local governments in
court or in adjudicative proceedings under Chapter 46b, Administrative
Procedures Act.
2003
63-34-14 Species Protection Account.
(1) As used in this section, "species protection" means an action to protect any plant or animal species identified as sensitive by the state or as threatened or endangered under the Endangered Species Act of 1973, U.S.C. 16 Sec. 1531 et seq.
(2) There is created within the General Fund a restricted account known as the Species Protection Account.
(3) The account shall consist of:
(a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23, Brine Shrimp Royalty Act; and
(b) interest earned on monies in the account.
(4) Monies in the account may be appropriated by the Legislature for the following purposes:
(a) to develop and implement species status assessments and species protection measures;
(b) to obtain biological opinions of proposed species protection measures;
(c) to conduct studies, investigations, and research into the effects of proposed species protection measures;
(d) to verify species protection proposals that are not based on valid biological data;
(e) for Great Salt Lake wetlands mitigation projects in connection with the western transportation corridor;
(f) to pay for the state's voluntary contributions to the Utah Reclamation Mitigation and Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575, titles II-VI, 106 stat. 4605-4655; and
(g) to pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine Shrimp Royalty Act.
(5) The purposes specified in Subsections (4)(a) through (4)(d) may be accomplished by the state or, in an appropriation act, the Legislature may authorize the Department of Natural Resources to award grants to political subdivisions of the state to accomplish those purposes.
(6) Monies in the account may not be used to develop or
implement a habitat conservation plan required under federal
law unless the federal government pays for at least 1/3 of
the habitat conservation plan costs.
1997
63-34-15 Outdoor recreation facilities - Participation in federal programs.
The Legislature finds that the state of Utah and its political
subdivisions should enjoy the benefits of federal assistance
programs for the planning and development of the outdoor
recreation resources of the state, including the acquisition
of lands and waters and interests therein. It is the purpose
of this act to provide authority to enable the state of Utah
and its political subdivisions to participate in the benefits
of such programs, by and through the executive director of
natural resources, under the direction of the governor, or
such other agent or agencies as the governor may from time
to time designate.
2003
63-34-16 Outdoor recreation facilities - Executive director to plan.
The executive director of natural resources, in cooperation
with the state planning coordinator and the state and local
agencies responsible for planning, acquisition, and development
of outdoor recreation facilities, is authorized to prepare,
maintain, and keep up to date a comprehensive plan for the
development of the outdoor recreation resources of the state.
The completed plan and all amendments thereto shall be submitted
to the governor for his review and approval.
2003
63-34-17 Outdoor recreation facilities - Powers of executive director to obtain federal aid.
The executive director of natural resources may apply
to any appropriate agency or officer of the United States
for participation in or the receipt of aid from any federal
program respecting outdoor recreation. He may, in cooperation
with other state agencies, enter into contracts and agreements
with the United States or any appropriate agency thereof
with the approval of the governor, keep financial and other
records relating thereto, and furnish to appropriate officials
and agencies of the United States such reports and information
as may be reasonably necessary to enable such officials and
agencies to perform their duties under such programs. In
connection with obtaining the benefits of any such program,
the executive director of natural resources shall coordinate
the department's activities with and represent the interests
of all agencies and subdivisions of the state having interests
in the planning, development, and maintenance of outdoor
recreation resources and facilities.
2003
63-34-18 Outdoor recreation facilities - Department of Natural Resources as agent of state.
The Department of Natural Resources is authorized to act
as the agent of state and local agencies to receive and to
disburse federal moneys in accordance with the comprehensive
plan for the development of the outdoor recreation resources
of the state as approved by the governor.
2003
63-34-19 Outdoor recreation facilities - Availability of funds for shares of state or political subdivision project costs required.
The executive director of natural resources shall make
no commitment or enter into any agreement pursuant to an
exercise of authority under this act and neither shall the
governor approve the same until it has determined that sufficient
funds are available to it for meeting the state's share,
if any, of project costs. It is the legislative intent that,
to such extent as may be necessary to assure the proper operation
and maintenance of areas and facilities acquired or developed
pursuant to any program participated in by this state under
authority of this act, such areas and facilities shall be
publicly maintained for outdoor recreation purposes. The
executive director of natural resources may enter into and
administer agreements with the United States or any appropriate
agency thereof with the approval of the governor for planning,
acquisition, and development projects involving participating
federal-aid funds on behalf of any political subdivision
or subdivisions of this state, if such political subdivision
or subdivisions give necessary assurance to the executive
director of natural resources that they have available sufficient
funds to meet their shares, if any, of the cost of the project
and that the acquired or developed areas will be operated
and maintained at the expense of such political subdivision
or subdivisions for public outdoor recreation use.
2003
