Current through Bulletin 2024-06, March 15, 2024
(1) The division
may enter into real property transactions involving rights-of-way, easements,
leases, and special uses leases.
(2) Only the division director or deputy
director, if designated by the division director, may sign documents granting a
ROW, easement, lease, or special use lease.
(3) To apply for a ROW, easement, special use
lease a person shall:
(a) complete and submit
to the Lands and Environmental Coordinator an application on a form provided by
the division;
(b) pay an
application fee;
(c) if the ROW,
easement, or special use lease is for construction on or occupancy of an
authorized area, submit the application and application fee at least 120 days
before the proposed construction or occupancy date, unless otherwise specified
by rule;
(d) at the request of the
division, provide a map, aerial photograph, or metes and bounds survey showing
property or boundary lines of the ROW, easement, or special use lease
area;
(e) if the purpose of the
ROW, easement, or special use lease is to facilitate development of a real
property estate adjacent to the ROW easement, or special use lease area,
provide evidence of an ownership or leasehold interest in the adjacent estate;
and
(f) include with the
application a cover letter detailing the proposed land use purpose and scope,
including any maps that will assist in orienting division staff to the land
use's plan and footprint.
(4) If requested by the division, a person
apply for a ROW, easement, or special use lease shall provide the division with
a written report that includes additional information that may assist the Lands
and Environmental Coordinator or the division staff in evaluating the proposed
land use, including:
(a) land use
alternatives, including alternatives not affecting the division;
(b) land use alternatives not affecting
division land that the applicant considered but rejected, including specific
reasons the alternatives were rejected;
(c) a description of the proposed activity,
structures, or infrastructure, including site location, construction footprint,
and above and below ground construction, and how the proposed land use will
affect existing or planned infrastructure; and
(d) identification of adverse impacts to
public recreation and scenic values associated with the proposed use and how
those adverse impacts will be avoided, minimized, or mitigated.
(5) Within 60 days of receiving an
application, application fee, and the information required in Subsection (4)
and, if requested, Subsection (5), the Lands and Environmental Coordinator may
either deny the application or grant a conditional approval.
(6) If the application is denied, the Lands
and Environmental Coordinator shall provide a written notice to the
applicant.
(7) If the Lands and
Environmental Coordinator grants conditional approval, the division may require
the applicant to provide the information described in Subsections (7)(a)
through (i) before granting final approval:
(a) a certified copy of a survey of the
authorized area prepared by a licensed surveyor;
(b) a centerline survey describing the
proposed easement, ROW, or special use lease and its width if the authorized
area is for use as a pipeline, road, power line, or similar use;
(c) an electronic file that depicts the
easement, ROW, or special use lease area and that requires no editing for
accurate downloading into geographic systems information software used by the
division;
(d) evidence that the
applicant has provided the State Historic Preservation Office a reasonable
opportunity to review and comment on the proposed land use as required by
Section 9-8a-404;
(e) an impact assessment that analyzes the
potential direct, indirect, and cumulative effects the proposed land use may
have on public recreation opportunities, scenic values, wildlife, and wildlife
habitat;
(f) a survey of
threatened, endangered and candidate plant and animal species, sensitive
species, and species of special concern, conducted on and adjacent to the
proposed authorized area;
(g) proof
that the applicant has secured all permits and authorizations for the proposed
land use that are required by state, federal, and local laws;
(h) proof that the applicant has complied
with the National Environmental Policy Act, where applicable, including
preparation of all environmental assessments, environmental impact statements,
or other reports required by the administering federal agency; or
(i) a survey of the land use to determine
wetland impact.
(8) The
applicant shall obtain all required federal Clean Water Act Section 404
permits.
(9) If wetlands are within
the authorized area, the applicant shall provide sufficient mitigation to
offset any damage to the wetland area.
