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[Utah Code Table of Contents]
[TITLE 65a. Table of Contents]
65A-8-1 Division of responsibilities for fire control and the preservation of forest, watershed, and other lands - Reciprocal agreements for fire protection.
(1) The division shall determine and execute the best methods for protecting private and public property by:
(a) preventing the origin and spread of fire on nonfederal forest, range, and watershed lands in unincorporated areas of the state;
(b) protecting nonfederal forest and watershed areas on conservation principles; and
(c) encouraging private landowners in preserving, protecting, and managing forest and other lands throughout the state.
(2) The division shall take action it considers necessary to control wildland fires and protect life and property on the nonfederal forest, range, and watershed lands within unincorporated areas of the state.
(3) The division may enter into agreements with public or private agencies, or individuals for the express purpose of protecting, managing, or rehabilitating those lands.
(4) The division may enter into a reciprocal agreement
with any fire protection organization, including federal
agencies, to provide fire protection for land and improvements
for which the organization normally provides fire protection.
1997
65A-8-1.1 Leaf-It-To-Us Children's Crusade for Trees program created - Purpose - Matching funds.
(1) As used in this section, "program" means the Leaf-It-To-Us Children's Crusade for Trees program.
(2) (a) The Leaf-It-To-Us Children's Crusade for Trees program is created within the division.
(b) The purpose of the program is to provide matching funds for the planting of trees on public lands or alongside curbs.
(3) (a) Any student group may submit an application to the division for funds available through the program.
(b) To be eligible for the funds, the student group must provide an equal amount of money.
(c) Both the program funds and the student group's funds shall be used to plant trees on public lands or alongside curbs.
(4) The division shall make rules for the administration
of the program and place emphasis on post-planting care.
1994
65A-8-1.2 Urban and community forestry program.
(1) An urban and community forestry program is created within the division.
(2) The purpose of the program is to encourage the planting and maintenance of trees within municipalities and unincorporated communities.
(3) The division may:
(a) advise and assist municipalities, counties, and other public and private entities in developing and coordinating policies, programs, and activities promoting urban and community forestry;
(b) receive, by following the procedures and requirements of Title 63, Chapter 38e, Federal Funds Procedures, federal funds for the urban and community forestry program; and
(c) provide grants to municipalities and counties for urban and community forestry programs and cooperative projects.
(4) The division shall:
(a) develop a public education program to inform tree care professionals and citizens of the hazards involved with the planting of new trees and the maintenance of existing trees near overhead power lines and highways; and
(b) develop and implement a program of public awareness
to inform citizens about the benefits of planting trees in
urban areas and how to maintain trees.
2004
65A-8-2 State forester.
(1) There is created the position of state forester to carry out the provisions of this chapter.
(2) The state forester shall be a graduate of an accredited school of forestry, technically and professionally competent, and experienced in administration.
(3) The state forester shall be responsible to the director of the division.
(4) In all matters pertaining to forestry and fire control
in which the state recognizes a responsibility, the state
forester shall be the official representative of the state.
1994
65A-8-3 Forestry and fire control funds.
(1) All monies available to the division to meet the costs of Subsections (a) through (d) are nonlapsing and available to the division until expended:
(a) monies for controlling forest, range, and watershed fires;
(b) monies for controlling insect and disease epidemics;
(c) monies for rehabilitating or reforesting nonfederal forest, range, and watershed lands; and
(d) monies for carrying on the purposes of Title 65A, Chapter 8, Management of Forest Lands and Fire Control.
(2) (a) The collection and disbursement of all money made available to the division shall be in accordance with the rules of the Division of Finance.
(b) Monies collected by the division from fees, rentals,
sales, contributions, reimbursements, and other such sources
shall be deposited in the appropriate account.
1994
65A-8-4 Uncontrolled fire is a public nuisance.
Any fire on forest, range, or watershed land in the state
burning uncontrolled and without proper and adequate action
being taken to control or prevent its spread is a public
nuisance.
1994
65A-8-5 Fire control - County responsibilities.
(1) Counties shall abate the public nuisance caused by uncontrolled fire on privately owned or county owned forest, range, and watershed lands.
(2) Counties, or other political subdivisions of the state as determined to be appropriate by the state forester, may participate in the wildland fire protection system of the division and become eligible for assistance from the state by agreement under the provisions of this chapter.
(3) The state forester shall make certain that appropriate action is taken to control wildland fires on nonfederal forest, range, and watershed lands.
(4) The actual costs of suppression action taken by the
division on privately owned lands shall be a charge against
the county in which the lands lie, unless otherwise provided
by cooperative agreement.
1994
65A-8-6 Cooperative fire protection agreements with counties.
(1) The county legislative body of any county may enter into a cooperative agreement with the division to receive financial and supervisory cooperation and assistance from the division.
(2) A county may not receive cooperation or assistance under Subsection (1) until a cooperative agreement is executed by the county legislative body and the division.
(3) In order to be eligible to enter into a cooperative agreement with the division, the county shall:
(a) adopt a wildland fire ordinance based upon minimum standards established by the division;
(b) require that the county fire department or equivalent private provider under contract with the county meet minimum standards for wildland fire training, certification, and wildland fire suppression equipment based upon nationally accepted standards as specified by the division; and
(c) file with the division a budget for fire suppression costs.
(4) A county that chooses not to enter into a cooperative agreement with the division may not be eligible to receive financial assistance from the division.
(5) The state forester may execute the agreements and may divide the state into fire protection districts.
(6) These districts shall provide efficient and economical fire protection within the area defined.
(7) The districts may comprise one or more counties, or portions of counties to be specified in the cooperative agreements.
(8) Under the terms of the cooperative agreements, the state forester shall file annual budgets for operation of the cooperative districts with each participating county.
(9) If the county approves a budget mutually acceptable
to the county and the state forester, and budgets an amount
for actual fire suppression costs determined to be normal
by the state forester, the agreement shall commit the state
to pay 1/2 the actual suppression costs that exceed the stated
normal costs.
2004
65A-8-6.1 Wildland Fire Suppression Fund created.
(1) There is created a private-purpose trust fund known as the "Wildland Fire Suppression Fund."
(2) The fund shall be administered by the division to pay fire suppression and presuppression costs on eligible lands within unincorporated areas of counties.
(3) The contents of the fund shall include:
(a) payments by counties pursuant to written agreements made under Section 65A-8-6.2 ;
(b) interest and earnings from the investment of fund monies; and
(c) money appropriated by the Legislature.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest accruing to the fund.
(5) (a) A maximum level of $8,000,000 is established for the fund.
(b) (i) Except as provided in Subsection (5)(b)(ii), if the amount of money in the fund equals or exceeds $8,000,000 on March 31, no assessments may be charged for the following year.
(ii) The waiver of assessments provided in Subsection
(5)(b)(i) does not apply to any equity payment required by
Section
65A-8-6.2
.
2002
65A-8-6.2 Agreements for coverage by the Wildland Fire Suppression Fund - Eligible lands - County and state obligations - Termination - Revocation.
(1) (a) A county legislative body may enter annually into a written agreement with the state forester to provide for payment from the Wildland Fire Suppression Fund of fire suppression costs incurred by the county in excess of the county's fire suppression budget.
(b) Fire suppression costs on forest, range, and watershed lands within the unincorporated area of a county, except federal or state lands, are eligible for coverage by the Wildland Fire Suppression Fund.
(2) (a) An agreement for payment of fire suppression costs from the Wildland Fire Suppression Fund shall provide that the county shall:
(i) except as provided by Subsection (2)(b), pay into the fund an amount equal to:
(A) .01 times the number of acres of privately- or county-owned land in the unincorporated area of the county; and
(B) .0001151 times the taxable value of real property in the unincorporated area of the county; and
(ii) budget an amount for fire suppression costs determined to be normal by the state forester in accordance with the formula specified by rule.
(b) A county is not required to pay for an acre or real property described in Subsection (2)(a)(i) if the acre or real property:
(i) is subject to concentrated residential, commercial, or industrial development;
(ii) would not be exposed to wildland fire; and
(iii) would not expose any wildland to fire spreading from it.
(3) (a) Any county that elects to initiate participation in the fund, or reestablish participation in the fund after participation was terminated, shall make an equity payment, in addition to the assessment provided in Subsection (2)(a)(i).
(b) The equity payment shall represent what the county's equity in the fund would be if the county had made assessments into the fund for each of the previous three years.
(c) The equity payment shall be determined by the state forester in accordance with division rules.
(4) The agreement shall provide that:
(a) the state shall pay into the fund an amount equal to the county's payment, including any equity payment required under Subsection (3); and
(b) if monies in the fund are insufficient to pay for all eligible fire suppression costs, the state shall pay for 1/2 of the county's remaining costs.
(5) The agreement shall provide for revocation of the agreement for failure to pay assessments when due.
(6) Any county that elects to withdraw from participation
in the fund, or whose participation in the fund is revoked
due to failure to pay its assessments when due, shall forfeit
any right to any previously paid assessments by the county.
2006
65A-8-6.3 Disbursements from the Wildland Fire Suppression Fund.
(1) Disbursements from the fund shall be made only upon written order of the state forester or his authorized representative.
(2) If the state forester determines monies in the fund
may be insufficient to cover eligible costs in a program
year, the state forester may delay making disbursements from
the fund until the close of the program year, at which time
available monies shall be prorated among those entitled to
payments at less than 100%.
1997
65A-8-6.4 Division to administer Wildland Fire Suppression Fund - Rulemaking - Procedures.
(1) By following the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the division shall make rules to administer the Wildland Fire Suppression Fund, including rules:
(a) requiring documentation for:
(i) the number of acres of privately- or county-owned land in the unincorporated area of a participating county; and
(ii) an acre or real property exempt in Subsection 65A-8-6.2 (2)(b);
(b) describing the method or formula for determining:
(i) normal fire suppression costs; and
(ii) equity payments required by Section 65A-8-6.2 ; and
(c) specifying fire suppression and presuppression costs that may be paid with disbursements from the fund.
(2) By following the procedures and requirements of Title
63, Chapter 46b, Administrative Procedures Act, the division
shall determine whether an acre or real property is eligible
for the exemption provided in Subsection
65A-8-6.2
(2)(b).
2006
65A-8-6.5 Presuppression costs - Disbursements from fund - Credit against assessment - Limited by appropriation.
(1) The state forester or the state forester's authorized representative may make disbursements from the Wildland Fire Suppression Fund to pay for costs of presuppression and fire management activities initiated by counties participating in the fund, subject to the limitations specified in this section.
(2) Payments to a county for costs of presuppression and fire management activities in any year may not exceed the county's assessment under Subsection 65A-8-6.2 (2)(a).
(3) In lieu of making a disbursement from the fund for a county's costs of presuppression and fire management activities, the county may be given a credit against its assessment under Subsection 65A-8-6.2 (2)(a) equal to those costs. The credit may not exceed the county's assessment under Subsection 65A-8-6.2 (2)(a).
(4) The total amount of money in the fund that may be
allocated to cover costs of presuppression and fire management
activities initiated by counties may not exceed the legislative
appropriation to the fund for those costs.
1997
65A-8-7 Responsibilities of county sheriffs and district fire wardens in controlling fires.
(1) In those counties not directly participating in the state wildland fire protection organization by cooperative agreement as provided in this chapter, the county sheriff shall take appropriate action to suppress uncontrolled fires on state or private lands.
(2) In all cases the sheriff shall:
(a) report, as prescribed by the state forester, on wildland fire control action;
(b) investigate and report fire causes; and
(c) enforce the provisions of this chapter either independently or in cooperation with the state forester.
(3) In those counties participating in the state wildland fire protection organization by cooperative agreement, the primary responsibility for fire control is delegated to the district fire warden, who is designated by the state forester.
(4) The county sheriff and his organization shall maintain
cooperative support of the fire control organization.
1994
65A-8-8 Fire control on state-owned lands - Responsibilities of state agencies.
(1) The division shall abate the public nuisance caused by uncontrolled fire on state-owned forest, range, and watershed lands.
(2) (a) State agencies responsible for the administration of state-owned lands shall recognize the need for providing wildland fire protection and the responsibility for sharing the costs.
(b) Those agencies shall annually allocate funds to the division in amounts as are determined to be fair and equitable proportionate costs for providing a basic level of fire protection.
(c) The amount of protection costs shall be negotiated
by the respective land agencies and the division.
1994
65A-8-9 Closed fire season - Notice - Violations - Burning permits - Personal liability - Exemptions from burning permits.
(1) (a) The period from June 1 to October 31 of each year is a closed fire season throughout the state.
(b) The state forester may advance or extend the closed season wherever and whenever that action is necessary.
(c) The alteration of the closed season shall be done by posting the appropriate proclamation in the courthouse of each county seat for at least seven days in advance of the date the change is effective.
(2) During the closed season it is a class B misdemeanor to set on fire, or cause to be set on fire, any inflammable material on any forest, brush, range, grass, grain, stubble, or hay land without:
(a) first securing a written permit from the state forester or a designated deputy; and
(b) complying fully with the terms and conditions prescribed by the permit.
(3) It is the duty of the district fire warden appointed by the state forester, or the county sheriff in nonparticipating counties, to issue burning permits using the form prescribed by the division.
(4) (a) The burning permit does not relieve an individual from personal liability due to neglect or incompetence.
(b) If a fire escapes control of the permittee and necessitates fire control action or does injury to the property of another, this may be held prima facie evidence that the fire was not safe.
(5) The state forester, his deputies, and the county sheriffs may refuse, revoke, postpone, or cancel permits when they find it necessary in the interest of public safety.
(6) (a) A burning permit is not required for the burning of fence lines on cultivated lands, canals, or irrigation ditches if:
(i) the burning does not pose a threat to forest, range, or watershed lands;
(ii) due care is used in the control of the burning; and
(iii) the individual notifies the nearest fire department of the approximate time the burning will occur.
(b) Failure to notify the nearest fire department of the burning as required by this section is a class B misdemeanor.
(7) A burning conducted in accordance with Subsection
(6) is not a reckless burning under Section
76-6-104
unless the fire escapes control and requires
fire control action.
1998
65A-8-10 Power of state forester to close hazardous areas - Violations of an order closing an area.
(1) (a) If the state forester finds conditions in a given area in the state to be extremely hazardous, he shall close those areas to any forms of use by the public, or to limit that use.
(b) The closure shall include the prohibition of open fires for the period of time he finds necessary.
(2) Nothing in this chapter prohibits any resident within the area from full and free access to his home or property, or any legitimate use by the owner or lessee of the property.
(3) The order or proclamation closing or limiting the use in the area shall set forth:
(a) the exact area coming under the order;
(b) the date when the order becomes effective; and
(c) if advisable, the authority from whom permits for entry into the area may be obtained.
(4) Any entry into or use of any area in violation of
this section is a class B misdemeanor.
1994
