Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-28 - Use of Division Lands
Section R657-28-8 - Special Use Permits
Universal Citation: UT Admin Code R 657-28-8
Current through Bulletin 2024-06, March 15, 2024
(1) As defined in Section R657-28-2, the division may issue a special use permit to applicants who wish to utilize division lands for temporary, non-depleting activities.
(a) Special use permits will be required for
research, seismic testing, surveys, organized events, commercial gain, or other
special activity or use.
(b) The
division may not issue a special use permit on division lands if the use would
interfere with the authorized purpose for which the property was
acquired.
(c) The division may
issue exclusive or non-exclusive special use permits on division lands when the
division deems it consistent with Title 23 Wildlife Resources Code of Utah and
division rules and policies.
(d)
Special use permits may not exceed one year from the date of
issuance.
(e) At the discretion of
the division, special use permit requirements may be waived for volunteers or
contractors hired at the request of the division to complete work that falls
within the definition of a special use permit.
(2) Applicants who wish to obtain a special use permit on division lands will follow the division's application process.
(a) Applicants shall submit a complete
application to the division at least 30 days before the proposed use start
date.
(i) When an application is submitted
less than 30 days before the proposed use start date, the application will be
deemed untimely and the request shall state the grounds for its untimeliness.
If the division determines that the untimeliness should be excused because of
urgency, unexpected circumstances, or other reasons, the request may be
processed and charged a late fee as defined in Subsection 4(b).
(b) As part of the application
process, applications will include:
(i) A
non-refundable application fee, as defined in the fee schedule set forth by the
Utah Legislature,
(ii) A completed
division special use permit application with required signatures, and
(iii) A copy of the applicant's
Commercial General Liability insurance, which will be no less than one million
dollars per person per occurrence and three million dollars aggregate, and must
list Utah Division of Wildlife Resources as a co-insured party.
(A) The division may waive or alter this
requirement for state and local government agencies, public universities, or as
deemed appropriate by the division.
(3) The division's review process will begin once a complete application is received.
(a)
The division will have 30 days to complete a review of the application and
either approve or deny the request. The division will consider the following in
its review of the application:
(i) the
potential impact to wildlife, wildlife habitat, public recreation, or cultural
and historic resources;
(ii) the
applicant 's consideration for ways to avoid or minimize impacts to wildlife,
wildlife habitat, or public recreation;
(iii) the applicant's ability to use
alternative locations reasonably available on lands not owned by the division
for the requested use;
(iv) third
party contractual or legal oversight rights;
(v) whether or not the applicant is in
default on any previous obligation to the division;
(vi) whether or not the application is
submitted less than 30 days before the proposed use start date; and
(vii) other criteria as may be necessary to
evaluate the application.
(b) If the application is approved, the
division will notify the applicant of required permit terms and conditions, and
compensation requirements. If the application is denied, the division will
provide a written notice to the applicant.
(4) The division may require compensation for special use permits issued on division lands.
(a) The compensation for a special use permit
shall be identified before issuance of the special use permit and will be
generally based upon the following factors:
(i) fee schedule set forth by the Utah
Legislature;
(ii) the
administrative cost incurred to the division in reviewing, preparing, and
administering the special use permit;
(iii) the fair market value of the
use;
(iv) impacts to wildlife and
wildlife habitat;
(v) impacts to
public access; and
(vi) impacts to
public opportunities to engage in wildlife-related activities.
(b) The division may charge a late
fee up to $100, per Subsection 2(a)(i) when an applicant has not submitted an
application within 30 days of the proposed start date of the
activity.
(c) In lieu of monetary
compensation, the division may suggest and accept in-kind compensation in the
form of:
(i) land enhancements,
(ii) habitat maintenance or
improvements,
(iii) data
reports,
(iv) or other forms of
compensation that are beneficial to wildlife management and the division's
statutory responsibilities. The in-kind compensation must be greater than or
equal to the monetary fees that would have been paid to the division.
(d) In special circumstances, the
division may waive compensation requirements for uses that directly promote or
enhance the mission of the division.
(5) Special use permits are non-transferable.
(6) The division may terminate a special use permit for non-compliance or for failure to abide by any terms and conditions in a signed special use permit.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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