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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-11-1 Designation of old Utah state prison site as state park.
The old Utah state prison site, as hereinafter particularly described, is set apart and designated as a state park, said designation to be effective from and after the time said property is vacated for prison uses by transfer of the prisoners and prison facilities to the new state prison at the Point of the Mountain prison site in Salt Lake County, state of Utah. The property so designated and set apart as a state park is particularly described as follows:
Beginning at the northwest corner of Section 21, T. 1 S., R. 1 E., S. L. B. & M. thence N. 89 degrees 58 minutes 44 1/2 seconds E., along the north line of said section 2643.38 feet, to the north 1/4 corner of said section: thence S. 0 degrees 06 minutes 37 seconds W., 179.39 feet to the south side of east 21st South Street: thence S. 89 degrees 52 minutes 41 seconds E., along said south side of east 21st South Street, 409.91 feet to the northeast fence corner of the prison property: thence S. 0 degrees 17 minutes 36 seconds W., along the east fence line of said prison property, 1861.00 feet to the north bank of Parley's Canyon Creek Wash: thence N. 63 degrees 40 minutes W., along a fence line on the north bank of said wash, 63.59 feet; thence S. 10 degrees 08 minutes E., 87.97 feet along a fence and S. 12 degrees 39 minutes W., 29.00 feet along a fence, to a fence corner on the south bank of said wash: thence S. 18 degrees 09 minutes W., along a fence line, 325.84 feet, to the center line of the D & RG RR tracks through the prison property: thence S. 18 degrees 36 minutes W., along a fence line 225.78 feet to the southeast corner of said prison property: thence N. 89 degrees 47 minutes 58 seconds W., along the north boundary line of the Highland Park Subdivision, said line being the east and west center line through said section, 2830.90 feet, to the west 1/4 corner of said section: thence N. 0 degrees 14 minutes 46 seconds E., along the west line of said section 2639.78 feet, to the point of beginning.
Said tract of land contains approximately188.66 acres
less state highway and areas north of highway4.84 acres
net 183.82 acres
1953
63-11-3 "This is the Place Monument," Camp Floyd, old statehouse - Supervision and control.
The Division of Parks and Recreation shall have the power
and it shall be its duty to take administrative and supervisory
control over the following historical monuments: namely,
"This is the Place Monument" Site, Camp Floyd and old statehouse
at Fillmore. The division may make expenditures for such
maintenance and administration from funds made available
by appropriation or from other funds which are available
to the division.
1969
63-11-3.1 Definitions.
As used in Sections 63-11-3.1 through 63-11-3.3 :
(1) "Board" means the board of trustees of This is the Place Foundation.
(2) "Division" means the Division of Parks and Recreation.
(3) "Foundation" means This is the Place Foundation, a private nonprofit corporation formed pursuant to Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(4) "Monument" means This is the Place Monument at This is the Place State Park.
(5) "Park" means This is the Place State Park, property
owned by the state of Utah located at 2601 East Sunnyside
Avenue, Salt Lake City.
2000
63-11-3.2 Agreement to manage This is the Place State Park - Management fee.
(1) In recognition of the need for private funds to continue the expansion and improvement of Old Deseret Village, a living history museum at This is the Place State Park, and the preference of donors to contribute to nonprofit organizations rather than government entities, the Division of Parks and Recreation is authorized to make an agreement with This is the Place Foundation to manage, develop, and promote This is the Place State Park.
(2) The division may pay a management fee to the foundation.
(3) The division may not require the foundation to remit
to the division any portion of the income generated from
park operations.
1998
63-11-3.3 Terms of agreement.
Any agreement made pursuant to Section 63-11-3.2 shall include the following terms:
(1) The foundation shall transfer to the state:
(a) title to any real property acquired by the foundation, upon completion of payment, if any, for the property by the foundation; and
(b) ownership of any artifacts or collections acquired by the foundation.
(2) No fee may be charged to visit the monument.
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a board member may receive no compensation or financial benefit, directly or indirectly, as a result of the member's service on the board.
(b) A board member may receive per diem and expenses incurred in the performance of the board member's duties at the rates established by the board.
(c) A board member may deal or contract with the foundation, provided that:
(i) no person or entity is paid any fee, salary, rent, or other payment of any kind in excess of the fair market value for the service rendered, goods furnished, or facilities or equipment rented; and
(ii) at a meeting of the board or subcommittee of the board having authority to authorize or confirm the contract or transaction:
(A) a quorum of the board or subcommittee is present;
(B) the interest of the board member is disclosed;
(C) a majority of the quorum votes to approve the contract or transaction; and
(D) in determining a majority under Subsection (3)(c)(ii)(C), the vote of any board member having an interest in the contract or transaction is not counted.
(4) The foundation shall obtain an annual audit prepared
by an independent public accounting firm. The audit shall
be prepared in accordance with generally accepted accounting
standards.
1998
63-11-10.2 Use of waters from Wagner Spring.
The Division of Parks and Recreation is authorized to
use the waters from that certain spring, known as Wagner
Spring, located on the park area, for any purposes connected
with the upkeep and maintenance of the park, including the
"This is the Place Monument" within said park.
1969
63-11-10.3 Agreement with public utility companies as to easements or rights of way across park.
The Division of Parks and Recreation is authorized to
enter into agreements with public utility companies for the
granting and maintenance of easements or rights of way across
said park.
1969
63-11-12 Board of Parks and Recreation - Creation - Functions.
There is created within the Department of Natural Resources
a Board of Parks and Recreation which, except as otherwise
provided in this act, shall assume all of the policy-making
functions, powers, duties, rights and responsibilities of
the Utah State Park and Recreation Commission, together with
all functions, powers, duties, rights and responsibilities
granted to the Board of Parks and Recreation by this act.
The Board of Parks and Recreation shall be the policy-making
body of the Division of Parks and Recreation. Except as otherwise
provided in this act, whenever reference is made in Title
63, or any other provision of law, to the Utah State Park
and Recreation Commission, it shall be construed as referring
to the Board of Parks and Recreation where such reference
pertains to policy-making functions, powers, duties, rights
and responsibilities; but in all other instances such reference
shall be construed as referring to the Division of Parks
and Recreation.
1967
63-11-13 Legislative intent - Long-range plans.
It is the intent of the Legislature that the Board of
Parks and Recreation shall formulate and cause to be put
into execution by the department through the director of
the Division of Parks and Recreation a long-range, comprehensive
plan and program for the acquisition, planning, protection,
operation, maintenance, development, and wise use of areas
of scenic beauty, recreational utility, historic, archaeological
or scientific interest, to the end that the health, happiness,
recreational opportunities and wholesome enjoyment of life
of the people may be further encouraged within the general
policies of the Department of Natural Resources.
1983
63-11-14 Board of Parks and Recreation - Appointment and terms of members - Expenses.
(1) (a) The Board of Parks and Recreation shall be composed of nine members appointed by the governor, with the consent of the Senate, to four-year terms.
(b) The governor shall:
(i) appoint one member from each judicial district and one member from the public at large;
(ii) ensure that not more than five members are from the same political party; and
(iii) appoint persons who have an understanding of and demonstrated interest in parks and recreation.
(c) Notwithstanding the term requirements of Subsection (1)(a), the governor may adjust the length of terms to ensure that the terms of board members are staggered so that approximately 1/2 of the board is appointed every two years.
(2) When vacancies occur because of death, resignation, or other cause, the governor, with the consent of the Senate, shall:
(a) appoint a person to complete the unexpired term of the person whose office was vacated; and
(b) if the person was appointed from a judicial district, appoint the replacement from the judicial district from which the person whose office has become vacant was appointed.
(3) The Board of Parks and Recreation shall appoint its chair from its membership.
(4) (a) Members 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 .
(b) Members may decline to receive per diem and expenses
for their service.
2002
63-11-16 Board of Parks and Recreation - Meetings - Quorum.
The Board of Parks and Recreation shall meet at least once every quarter, but special meetings may be held by call of the chairman or at the request of two members of the board.
Four members of the board shall constitute a quorum for
the transaction of business.
1967
63-11-16.5 Provo-Jordan River Parkway Authority abolished - Transfer to Division of Parks and Recreation - Riverway Enhancement Program created.
The Provo-Jordan River Parkway Authority shall cease to
be a separate division in the Department of Natural Resources
and shall become a portion of the Division of Parks and Recreation
known as the Riverway Enhancement Program. All properties,
rights, interests, powers, functions, duties, and obligations
of the Provo-Jordan River Parkway Authority, except as otherwise
provided in this title, shall then be transferred to the
Division of Parks and Recreation in behalf of the Riverway
Enhancement Program.
1986
63-11-17 Powers and duties of Board and Division of Parks and Recreation.
(1) (a) The board may make rules:
(i) governing the use of the state park system;
(ii) to protect state parks and their natural and cultural resources from misuse or damage, including watersheds, plants, wildlife, and park amenities; and
(iii) to provide for public safety and preserve the peace within state parks.
(b) To accomplish the purposes stated in Subsection (1)(a), the board may enact rules that:
(i) close or partially close state parks; or
(ii) establish use or access restrictions within state parks.
(c) Rules made under Subsection (1) may not have the effect of preventing the transfer of livestock along a livestock highway established in accordance with Section 72-3-112 .
(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon it by law within state parks and on property controlled by the Division of Parks and Recreation with reference to fish and game.
(3) The Division of Parks and Recreation shall permit multiple use of state parks and property controlled by it for purposes such as grazing, fishing and hunting, mining, and the development and utilization of water and other natural resources.
(4) (a) The division may acquire real and personal property in the name of the state by all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.
(b) As used in this section, "real property" includes land under water, upland, and all other property commonly or legally defined as real property.
(c) In acquiring any real or personal property, the credit of the state may not be pledged without the consent of the legislature.
(5) (a) Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of its intention to acquire the property.
(b) If the county legislative body requests a hearing within ten days of receipt of the notice, the board shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property shall be at the discretion of the division, subject to the approval of the executive director of the Department of Natural Resources and the governor.
(7) Acquisition of property by eminent domain shall be in the manner authorized by Title 78, Chapter 34, Eminent Domain.
(8) (a) The Division of Parks and Recreation may make charges for special services and use of facilities, the income from which shall be available for park and recreation purposes.
(b) The division may conduct and operate those services necessary for the comfort and convenience of the public.
(c) The board shall adopt appropriate rules governing the collection of charges under this Subsection (8).
(9) (a) The division may lease or rent concessions of all lawful kinds and nature in state parks and property to persons, partnerships, and corporations for a valuable consideration upon the recommendation of the board.
(b) The division shall comply with Title 63, Chapter 56, Utah Procurement Code, in selecting concessionaires.
(10) The division shall proceed without delay to negotiate
with the federal government concerning the Weber Basin and
other recreation and reclamation projects.
2003
63-11-17.1 Division of Parks and Recreation - Creation - Powers and authority.
There is created the Division of Parks and Recreation,
which shall be within the Department of Natural Resources
under the administration and general supervision of the executive
director of natural resources and under the policy direction
of the Board of Parks and Recreation. The Division of Parks
and Recreation shall be the parks and recreation authority
for the state of Utah, shall assume all of the functions,
powers, duties, rights and responsibilities of the Utah State
Park and Recreation Commission except those which are delegated
to the Board of Parks and Recreation by this act, and is
vested with such other functions, powers, duties, rights
and responsibilities as provided in this act and other law.
1969
63-11-17.2 Peace officer authority of park rangers.
(1) The Division of Parks and Recreation has the duty to protect state parks and park property from misuse or damage and to preserve the peace within state parks.
(2) Employees of the Division of Parks and Recreation who are POST certified peace officers and who are designated as park rangers by the division director, are law enforcement officers under Section 53-13-103 , and have all the powers of law enforcement officers in the state, with the exception of the power to serve civil process.
(3) The Division of Parks and Recreation has the authority
to deputize persons who are peace officers or special function
officers to assist park rangers on a seasonal temporary basis.
1998
63-11-17.3 Violation of law or board regulations - Misdemeanor.
Any person who violates Section
63-11-17
or any of the rules of the board adopted pursuant
to this chapter is guilty of a class B misdemeanor.
1997
63-11-17.5 Powers and duties of board and division concerning areas along rivers and streams - Definitions - Limitations on construction.
(1) Upon the transfer to the Division of Parks and Recreation of the properties, rights, interests, powers, functions, duties, and liabilities of the Provo-Jordan River Parkway Authority as provided in Section 63-11-16.5 , the Division and Board of Parks and Recreation shall have the same powers, functions, and duties as previously covered by this chapter but in addition shall establish and coordinate programs for the development of recreational areas, water conservation, flood control, and wildlife conservation along those rivers and streams that are impacted by high density populations or that are prone to flooding. In this connection the Division of Parks and Recreation shall provide for:
(a) The development of those areas along rivers or streams as the division determines to be suitable and desirable for recreation usage.
(b) The restoration and preservation of points of historical interest along rivers and streams.
(c) The development of those areas along rivers or streams that the division, in consultation with the appropriate county executive, determines to be suitable and desirable for flood control.
(d) The development of those areas along rivers or streams that the division determines to be suitable and desirable for reclamation.
(e) The development of those areas along rivers or streams that the division determines to be suitable and desirable for wildlife management.
(f) The development of those areas along rivers or streams that the division determines to be suitable and desirable for water conservation.
(g) The regulation and control of types of development other than those set forth above in this Subsection (1) along rivers and streams designated by the division within their present flood plains.
(2) As used in this section:
(a) "Flood plains" means the lands along the course of the river or stream which are periodically flooded and for which flood control protective works would normally be provided or desirable. The 1952 flood is used as a present flood plain criterion for the Jordan River.
(b) "Division" means the Division of Parks and Recreation.
(c) "Advisory council" means the Riverway Enhancement Advisory Council.
(3) The division may not permit the construction of any
structures, subdivisions, or other developments on or along
rivers or streams, or within their present flood plains,
which are in violation of any ordinances of any political
subdivision having jurisdiction in that area but may in respect
to this development impose requirements in excess of and
in addition to those provided in those ordinances. The more
restrictive of the requirements imposed by the political
subdivision or by the division are applicable. The division
may not be authorized to administer water rights.
1993
63-11-17.7 Riverway Enhancement Advisory Council created - Composition - Terms - Vacancies - Chair - Quorum - Council payment.
(1) There is created within the Division of Parks and Recreation the Riverway Enhancement Advisory Council for the purpose of advising the Division and the Board of Parks and Recreation regarding the riverway enhancement program.
(2) The advisory council consists of 11 members appointed by the Board of Parks and Recreation as follows:
(a) One elected municipal officer shall be appointed from each of the following planning districts:
(i) Bear River - Box Elder, Cache, and Rich Counties;
(ii) Five County - Beaver, Garfield, Iron, Kane, and Washington Counties;
(iii) Mountainland - Summit, Utah, and Wasatch Counties;
(iv) Six County - Juab, Millard, Piute, Sanpete, Sevier, and Wayne Counties;
(v) Southeast - Carbon, Emery, Grand, and San Juan Counties;
(vi) Uintah Basin - Daggett, Duchesne, and Uintah Counties; and
(vii) Wasatch Front - Davis, Morgan, Salt Lake, Tooele, and Weber Counties.
(b) Four members shall be appointed from among the residents of cities and towns in the state.
(3) (a) Except as required by Subsection (2)(b), each member shall be appointed for a four-year term of office.
(b) Notwithstanding the requirements of Subsection (3)(a), the Board of Parks and Recreation shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(4) (a) Any vacancy occurring in the advisory council shall be filled by a person having the same qualifications as the person whose office has been vacated.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) The advisory council shall appoint a chair from its membership, who shall serve for a term of office of two years but may be reelected for subsequent terms. Six members of the council constitutes a quorum.
(6) (a) Members 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 .
(b) Members may decline to receive per diem and expenses
for their service.
1999
63-11-17.8 Riverway enhancement grants - Matching funds requirements - Rules.
(1) (a) The Division of Parks and Recreation may give grants to local governments and state agencies for riverway enhancement projects with funds appropriated by the Legislature for that purpose.
(b) Each grant recipient must provide matching funds having a value that is equal to or greater than the grant funds received. However, the Board of Parks and Recreation may allow a grant recipient to provide property, material, or labor in lieu of money, provided the grant recipient's contribution has a value that is equal to or greater than the grant funds received.
(2) The Board of Parks and Recreation shall:
(a) make rules setting forth procedures and criteria for the awarding of grants for riverway enhancement projects; and
(b) determine to whom grant funds shall be awarded after considering the recommendations of and after consulting with the Riverway Enhancement Advisory Council and the division.
(3) Rules for the awarding of grants for riverway enhancement projects shall provide that:
(a) each riverway enhancement project for which grant funds are awarded must be along a river or stream that is impacted by high density populations or prone to flooding; and
(b) riverway enhancement proposals that include a plan
to provide employment opportunities for youth, including
at-risk youth, as defined in Section
63-11a-501
, in the development of the riverway enhancement
project shall be encouraged.
2000
63-11-18 Director - Qualifications - Duties.
The director shall be the executive and administrative head of the Division of Parks and Recreation and shall have demonstrated executive ability and actual experience and training in the conduct of park and recreational systems involving both physical development and program.
It shall be the duty of such director to enforce the policies and rules and regulations of the board and to perform such other duties as are necessary for the proper care and maintenance of any property under the jurisdiction of the division and for the purpose of carrying out the provisions of this act.
The director shall have the responsibility for: acquisition,
planning, protection, development, operation, use, and maintenance
of park area and facilities in such manner as may be established
by the policies and rules and regulations of the board.
1983
63-11-19 Division authorized to enter into contracts and agreements.
The division, with the approval of the executive director
of natural resources and the governor, is authorized to enter
into contracts and agreements with the government of the
United States, or any duly authorized representative or agency
thereof, or with any other department or agency of the state
of Utah and semipublic organizations and with private individuals
for the purposes of causing state parks and recreational
grounds and the areas administered by the division to be
improved and maintained and for any other lawful purpose
and for those purposes it may contract to secure labor, quarters,
materials, services or facilities thereof according to procedures
established by the Department of Finance. All departments,
agencies, officers and employees of the state are authorized
and directed to give to the division such consultation and
assistance as the division may reasonably request.
1969
63-11-19.1 Contracts for purchase of lands for addition to Wasatch Mountain State Park - Tax levy for payment of principal and interest - Separability.
(1) The Board of Parks and Recreation may enter into real estate installment contracts for the purchase of lands in Wasatch County, Utah, for addition to the Wasatch Mountain State Park.
(2) The total principal amount of contracts entered into under authority of this section may not exceed $150,000 nor the limitation imposed by Section 1 of Article XIV of the Constitution of the state of Utah.
(3) (a) The contracts shall be:
(i) executed by the chair on behalf of the board; and
(ii) payable with interest at a rate not to exceed 3 per cent per annum on the deferred principal installments.
(b) The contracts may not exceed ten years in duration.
(4) (a) The installment payments on the principal of the contracts shall be payable in equal annual installments beginning one year from the date of the contracts and annually thereafter with interest on deferred payments not in excess of the amount provided in Subsection (3).
(b) The contracts may provide that payment of all or any part of the amount due under all or any of the contracts may be accelerated by the board at any time and from time to time.
(c) The installment contracts shall be in the form and bear the details that the board determines, and are assignable by the seller.
(d) When assigned to a bona fide purchaser for value, the payment of the principal installments and interest remaining due at the time of the assignment may not be avoided or invalidated for any irregularity or defect in the proceedings for their execution and delivery or for failure of compliance with any of the other terms or conditions of the contracts, but shall be incontestable in the hands of that bona fide purchaser for value.
(5) (a) The full faith and credit of the state of Utah is pledged to the payment of the installment contracts and the principal and interest on them.
(b) (i) There is levied on all taxable property in the state of Utah, in addition to all other taxes, a direct annual tax sufficient to pay the principal amounts of installments falling due in each year on the contracts, together with applicable interest.
(ii) The tax established in this Subsection (b)(i) is abated in any year in which sufficient funds provided from other sources to pay the amounts of principal and interest falling due in that year have been made available for those payments.
(6) If any provision of this section, or the application
of any provision to any person or circumstance, is held invalid,
the remainder of this section is not affected by that declaration
of invalidity.
1997
63-11-19.2 Purchase, trade, sale, or disposal of buffalo - Proceeds.
(1) In accordance with a plan, approved by the Board of Parks and Recreation, for the management of buffalo herds on Antelope Island, the Division of Parks and Recreation is authorized to purchase, trade, sell, or dispose of buffalo obtained from Antelope Island through competitive bidding or any other means as established by rule.
(2) Proceeds received from the sale or disposal of buffalo under this section shall be deposited as follows:
(a) the first $75,000 shall accrue to the Division of Parks and Recreation for the management of Antelope Island buffalo herds as nonlapsing dedicated credits; and
(b) proceeds in excess of $75,000 shall be deposited in
the State Park Fees Restricted Account created under Section
63-11-66
.
2003
63-11-19.5 User fees for golf - Wasatch Mountain, Palisades, and Jordan River State Parks.
(1) The following user fees are assessed in the following parks for playing nine holes of golf:
(a) $1.50 at Wasatch Mountain State Park;
(b) $1.50 at Palisades State Park; and
(c) 75 cents at Jordan River State Park.
(2) The fee in Subsection (1) is:
(a) in addition to the fee set by the Board of Parks and Recreation; and
(b) to be used at the park where the money is collected for:
(i) the upgrade or development of facilities; or
(ii) the purchase of golf course operation and maintenance equipment.
(3) The revenue from the fees established in Subsection
(1) shall be nonlapsing.
2000
63-11-19.6 User fee for golf - Green River State Park.
(1) A $1.50 user fee is assessed at Green River State Park for playing nine holes of golf.
(2) The fee in Subsection (1) is:
(a) in addition to the fee set by the Board of Parks and Recreation; and
(b) to be used at the golf course for:
(i) the development and upgrade of facilities; or
(ii) the purchase of golf course operation and maintenance equipment.
(3) The revenue from the fee established in Subsection
(1) shall be nonlapsing.
2000
63-11-20 Highways within state parks.
The Division of Parks and Recreation has jurisdiction
over and responsibility for service roads, parking areas,
campground loops, and related facilities within state parks.
1993
63-11-21 Funds to be appropriated - Boating account expenses.
The Legislature shall appropriate such funds as from time
to time necessary to carry out the purposes of this act to
the Division of Parks and Recreation to be used by the division
in the administration of the powers and duties and in carrying
out the objective and purposes prescribed herein. It is the
intent of the Legislature that all departmental operating
and administrative expenses for the administration of the
boating account of the Division of Parks and Recreation shall
be charged against that account.
1983
63-11-33 Pioneer Monument State Park - Conveyance by University of Utah of additional land.
Under the terms of Patent No. 43-69-0012 from the United
States of America to University of Utah, the University of
Utah shall convey to the Utah State Division of Parks and
Recreation a portion of those lands formerly a part of the
Fort Douglas Military Reservation for the division's use
as an addition to Pioneer Monument State Park.
1987
63-11-34 Pioneer Monument State Park - Area to be conveyed.
The lands to be conveyed by the University of Utah to the Utah State Division of Parks and Recreation are in conformity to plans developed by the division and described as follows:
Beginning at the closing corner of Sections 2 and 11,
T. 1 S., R. 1 E., S.L.B.&M., which is common to angle point
1 Tract D and Tract C of the official B.L.M. survey of Fort
Douglas Military Reservation; thence S. 62 degrees 18' 30"
W. 2311.71 ft., thence North 1910.70 ft.; thence East 2048.15
ft.; thence S. 0 degrees 05' W. 836.42 ft. to the point of
beginning. The above-described parcel of land contains 64.583
acres.
1969
63-11-35 Pioneer Monument State Park - Date of conveyance.
The conveyance of lands described in this act shall be
completed no later than July 1, 1969. Provided however, if
transfer of title has not been approved by the United States
Government in accordance with applicable federal regulations
on or before July 1, 1969, the date of conveyance may be
extended until such approval is received.
1969
63-11-36 Bonneville Scenic Drive - Location of right of way.
The right of way across University of Utah lands for the
proposed Bonneville Scenic Drive and/or the Salt Lake Belt
Route shall be located above the 5200-foot contour line except
where it crosses the mouth of Red Butte Canyon. The total
acreage below the 5200-foot contour line for the Bonneville
Scenic Drive and/or the Salt Lake Belt Route including the
connecting road between Foothill Drive and the interchange
in the mouth of Red Butte Canyon shall not exceed 24 acres.
1969
63-11-54 Iron Mission Historical Monument - Acceptance of gifts from Iron Mission Park Corporation.
The Board of Parks and Recreation, an agency of the state
of Utah, is directed to accept on behalf of the state of
Utah the Gronway Parry collection of horse-drawn vehicles,
horses, harnesses, figures, costumes, and horse-drawn machinery
of the pioneer era, the Melling log cabin, the Osborne blacksmith
collection, and a metal exhibit building, all being gifts
to the state from the Iron Mission Park Nonprofit Corporation.
1973
63-11-54.5 Mountain Meadow Massacre site included within state park system.
(1) The Mountain Meadow Massacre site and monument shall be included within the state park system.
(2) The Division of Parks and Recreation may:
(a) enter into an agreement with the United States Forest Service for the use of land at the site as a state park; and
(b) receive donations of land, facilities or both at the
site for inclusion within the state park.
2000
63-11-55 Iron Mission Historical Monument - Acquisition of property.
The Division of Parks and Recreation is authorized to
acquire, construct, maintain and operate any land areas,
objects, or structures as necessary to preserve, protect,
display, and enhance these gifts and other historical objects
or collections donated, loaned or otherwise acquired, now
or in the future, that appropriately contribute to the pioneer
heritage of Utah and to accomplish this either directly or
through others by purchase, contract, lease, permit, donations,
or otherwise, all real or personal property, rights of way,
approach roads, parking and other areas, structures, facilities
and services which the division and board may deem necessary
or desirable therefor.
1973
63-11-56 State museum of Indian history and culture - Acquisition of property.
The state of Utah, through the Division of Parks and Recreation,
is hereby authorized to secure title to that land contiguous
to the Anasazi Ruins at the edge of the cedars near Blanding,
Utah, legally described as follows: Beginning at a point
1320 feet South and 760 feet East of Northwest corner of
Section 27, Township 36 South, Range 22 East, Salt Lake Base
and Meridian; and running thence East 560 feet; thence South
307 feet; thence West 66 feet; thence South 238 feet; thence
West 494 feet; thence North 545 feet to point of beginning;
for the purpose of constructing and maintaining a state museum
of Indian history and culture.
1974
63-11-57 Heritage trees - Legislative finding and purpose.
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.
It is the intent of this act to retain as many heritage
trees as possible consistent with the reasonable and economic
enjoyment of private property.
1975
63-11-58 Heritage trees - Definitions.
As used in this act:
(1) "Alter" means to change the configuration of a heritage tree by pruning, trimming, topping, cutting, or by any other means.
(2) "Committee" means the Heritage Trees Advisory Committee.
(3) "Division" means the Division of Forestry, Fire and State Lands.
(4) "Heritage tree" means any tree or group of trees designated as such by the division, in accordance with the following criteria:
(a) any live tree or group of trees indigenous to the state, or which has adapted exceptionally well to the climatic conditions of the state, or is one of a kind;
(b) any tree or group of trees that has exceptional national, state, or local historic significance;
(c) any tree or group of trees which has an exceptional size or exceptional form for its species;
(d) any tree or group of trees which has an exceptional age for its species; or
(e) any tree or group of trees in the state which is the sole representative of its species.
(5) "Person" means any individual, partnership, corporation,
or association.
1996
63-11-59 Heritage trees - Application to alter or remove.
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. An application
for alteration or removal shall be filed with the division
at least 60 days before the actual alteration or removal
of any such trees. The application shall state the name of
the applicant, the number, location and species of the trees
proposed to be altered or removed, the reason for alteration
or removal, and such other information as the division may
reasonably require.
1983
63-11-60 Heritage trees - Guidelines and standards for granting or denying applications to alter or remove.
The committee shall develop published guidelines and standards to be used by the board in granting or denying applications for the alteration or removal of heritage trees. In addition to the guidelines and standards developed by the committee, the division shall consider the following criteria in granting or denying an application:
(1) the physical condition of the heritage tree or trees with respect to insect infestation, disease, danger of falling, proximity to existing or proposed structures and interference with utility services;
(2) the necessity of alteration or removal of the heritage tree or trees in order to construct proposed improvements and allow economic enjoyment of property;
(3) the topography of the land and the effect of removal of the heritage tree or trees on erosion, soil retention and the diversion or increased flow of surface waters resultant upon alteration or removal;
(4) the number of heritage trees existing in the neighborhood on improved property and the effect alteration or removal would have on established standards and property values in the area; and
(5) the number of heritage trees the particular parcel
can support according to good forestry practices.
1983
63-11-60.3 Heritage trees - 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, bequests, or donations; and
(5) determine policies necessary to carry out this act.
1983
63-11-60.4 Heritage trees - Advisory committee - Members - Officers - Expenses - Functions.
(1) There is created a Heritage Trees Advisory Committee composed of five persons appointed by the division from among persons who are members of the Utah Association of Shade Tree Commissions.
(2) (a) Except as required by Subsection (b), as terms of current committee members expire, the division shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the division shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(c) No two members shall be appointed from the same city.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(4) The committee shall elect a chair who is responsible to call and conduct meetings. Three members present at a duly called meeting constitute a quorum for the transaction of official business. Members of the committee may meet as often as considered necessary. The urban forestry staff person of the division shall serve as secretary to the committee.
(5) (a) Members 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 .
(b) Members may decline to receive per diem and expenses for their service.
(6) The committee shall:
(a) publish guidelines for division use in granting or denying applications for the designation of heritage trees;
(b) publish an annual register of designated heritage trees and distribute it to public utilities, tree service companies, municipal forestry and parks departments, and the public; and
(c) develop a system for visibly identifying designated
heritage trees.
1997
63-11-61 Heritage trees - Exemption for emergency or permit.
This act 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.
1983
63-11-62 Frontier history and culture - State monument - Title to land.
The state of Utah, through the Division of Parks and Recreation,
is authorized to secure title to certain land contiguous
to the site of Miles Goodyear's Fort Buenaventura in Ogden,
Weber County, Utah, for the purpose of constructing and maintaining
a state monument to frontier history and culture.
1977
63-11-63 Pioneer heritage of Utah - Acquisitions and operations by Division of Parks and Recreation.
The Division of Parks and Recreation is authorized to
acquire, construct, maintain and operate any land areas,
objects, or structures as necessary to preserve, protect,
display, and enhance any gifts and other historical objects
or collections donated, loaned or otherwise acquired, now
or in the future, that appropriately contribute to the pioneer
heritage of Utah. The division may, in order to accomplish
this, directly or through others, by purchase, contract,
lease, permit, donation, or otherwise, secure all real or
personal property, rights of way, approach roads, parking
and other areas, structures, facilities and services which
the division and board may deem necessary or desirable therefor.
1977
63-11-64 Heritage trees - Enforcement - Prosecution of violations.
County sheriffs, police, and other law enforcement officers
within their respective jurisdictions are responsible for
the enforcement of this act. The county attorney or district
attorney shall prosecute any violation of this act.
1993
63-11-65 Heritage trees - Injury - Violation of act - Misdemeanor.
Any person who willfully or maliciously alters, injures,
damages, or causes death of a heritage tree or who otherwise
violates this act is guilty of a class B misdemeanor.
1983
63-11-66 State Park Fees Restricted Account.
(1) There is created within the General Fund a restricted account known as the State Park Fees Restricted Account.
(2) (a) Except as provided in Subsection (2)(b), the account shall consist of revenue from:
(i) all charges allowed under Subsection 63-11-17 (8);
(ii) proceeds from the sale or disposal of buffalo under Subsection 63-11-19.2 (2)(b); and
(iii) civil damages collected under Section 76-6-206.2 .
(b) The account shall not include revenue the division receives under Sections 63-11-19.5 , 63-11-19.6 , and Subsection 63-11-19.2 (2)(a).
(3) The division shall use funds in this account for the
purposes described in Section
63-11-17
.
2004
