Current through Bulletin 2024-18, September 15, 2024
(1) The director
may deny any application for a ROW, easement, or special use lease if:
(a) the application does not include all the
information required or requested by the division pursuant to this
rule;
(b) the division determines
that the potential impact to public recreation, cultural or historic resources,
view shed, wildlife habitat, or water quality is unacceptable;
(c) the proposed land use contravenes any
applicable division plan, current or proposed development plan or master
plan;
(d) the division determines
that the applicant has not adequately considered ways to avoid or minimize
impacts or that the applicant has failed to propose adequate compensatory
mitigation plans for unavoidable impacts, including cumulative
impacts;
(e) the proposed land use
affects real property in which a third party has contractual or other legal
rights and the land use is rejected by that party; or
(f) the applicant is in default on any
previous obligation to the division.
(2) If the application is rejected, the
division shall provide a written notice of the rejection to the
applicant.
(3) A ROW, easement or
special use lease may include provisions requiring the applicant to:
(a) restore to the division's satisfaction
all structures impacted by the proposed land use, including fences, roads, and
existing facilities, and to regrade the authorized area as nearly as practical
to its original grade and contour, and to re-vegetate, the authorized area
impacted by the land use;
(b)
adhere to the terms of the applicant's approved land use plan prescribed in
Subsections R651-700-8(3) and
(4);
(c) pay compensatory mitigation and all other
expenses associated with the land use; and
(d) provide all permits and clearances for
the land use.
(4) Before
the division issues an easement, ROW, or special use lease, or for good cause
shown at any time during the term of such agreement, and upon 30 days written
notice, the division may require the applicant or grantee to post a bond in the
form and amount as may be determined by the division to assure compliance with
all terms and conditions of the easement, ROW, or special use lease.
