Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-28 - Use of Division Lands
Section R657-28-9 - Termed Easements and Leases

Universal Citation: UT Admin Code R 657-28-9

Current through Bulletin 2024-18, September 15, 2024

(1) As defined in Section R657-28-2, the division may issue a termed easement or lease to applicants who wish to obtain a legal right to use division lands.

(a) A termed easement or lease will be required for power lines, pipelines, roadways, communication lines, and structures.

(b) The division may issue exclusive or non-exclusive termed easements or leases on division lands when the division finds it consistent with:
(i) Title 23 Wildlife Resources Code of Utah;

(ii) division rules and policies;

(iii) the relevant Habitat Management Plan; and

(iv) any requirements imposed by funding sources used to acquire the property.

(c) Pursuant to Subsection 78B-2-216(2), no termed easement, lease, or other interest in division lands may be acquired by prescription, by adverse possession, nor by any other legal doctrine except as provided by statute.

(d) Termed easements and leases may not exceed 30 years from the date of issuance.

(e) The division may only issue non-termed easements and leases when required by law.

(2) Applicants who wish to obtain a termed easement or lease on division lands will follow the division's application process.

(a) Applicants shall submit a complete termed easement or lease application to the division at least 180 days before the proposed use start date. The filing of an application is deemed to constitute the applicant's offer to acquire a termed easement or lease under the conditions contained in the conveyance document and division rules.

(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 termed easement or lease application with required signatures; and

(iii) All items listed under Step One of the application packet.

(3) The division's review process will begin once all items listed in Subsection 2(b) are received.

(a) The division will have 60 days to complete a review of the application and either grant conditional approval 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) other criteria as may be necessary to evaluate the application.

(b) If the application is granted conditional approval, the division will notify the applicant and provide a list of the required items listed under Step Two of the termed easement or lease application packet.
(i) The division may not issue a termed easement or lease without first obtaining required written permission from entities who have provided funding assistance when the property was acquired, or any other entity who may have legal rights or restrictions on the property. The division may require additional Step Two items to be carried out to fulfill these requirements.

(ii) The signed application is authorization for the division to bill the applicant for costs incurred toward the issuance of the termed easement or lease, including the administrative cost incurred to the division in reviewing, preparing, and administering the contract, NEPA requirements, appraisal and appraisal review, and land surveys. All costs incurred by the division will be reimbursed by the applicant within 30 days of being invoiced.

(iii) If the application is denied, the division will provide a written notice to the applicant.

(4) The division will require compensation for termed easements and leases issued on division lands. Compensation may include use fees, administrative costs, and mitigation costs and shall be identified before issuance of the termed easement or lease.

(a) The compensation for use fees will be generally based upon the following factors, determined by whichever is highest:
(i) appraised value of the property being utilized;

(ii) fee schedule set forth by the Utah Legislature; or

(iii) the fair market value of the use.

(b) The compensation for the administrative cost shall be identified based on the personnel time incurred to the division in reviewing, preparing, and administering the termed easement or lease;

(c) The division may require compensation for mitigation for impacts to or loss of wildlife, habitat, and public access, and will be generally based upon the following factors:
(i) number of acres impacted;

(ii) species impacted;

(iii) impacts to wildlife and wildlife habitat;

(iv) impacts to public access; and

(v) impacts to public opportunities to engage in wildlife -related activities.

(d) The division may not issue a termed easement or lease for less than $500.

(e) In lieu of monetary compensation, the division may accept in-kind compensation in the form of:
(i) land enhancements,

(ii) habitat maintenance or improvements, and

(iii) 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.

(5) Before the issuance of a termed easement or lease, or for good cause shown at any time during the term of the termed easement or lease, the division may require the applicant or permittee to post with the division a bond to assure compliance with all terms and conditions of the termed easement or lease.

(a) The bond amount will be equal to or greater than 125% of the estimated construction costs of the authorized improvements, less materials, assessed by a certified engineer.

(b) Bonds posted on termed easements or leases may be used for payment of all monies, rentals, royalties due to the division, reclamation costs, and for compliance with all other terms, conditions, and rules pertaining to the termed easement or lease.

(c) Bonds may be increased or decreased in reasonable amounts, at any time as the division may decide, provided the division provides written notice stating the increase or decrease and the reasons for the increase or decrease.

(d) Bonds may be accepted in any of the following forms at the discretion of the division:
(i) Surety bond with an approved corporate surety registered in Utah.

(ii) Other forms of surety may be acceptable to the division.

(6) A termed easement or lease may not be assigned, partially assigned, sub-permitted, leased, sub-leased, mortgaged, pledged or otherwise transferred, disposed, or encumbered in any fashion without the prior written consent of the division.

(a) A sublease or assignment may be granted only to a person, firm, association, or corporation qualified to do business in the state, and which is not in default under the laws of the state relative to qualification to do business within the state, and is not in default on any previous obligation to the division.

(b) A sublease or assignment shall take effect on the date of the issuance of the assignment. On the effective date of any assignment, the assignee is bound by the terms of the lease to the same extent as if the assignee were the original grantee, any conditions in the assignment to the contrary notwithstanding.

(c) Applicants who wish to obtain a sublease or assignment of an existing agreement on division lands will follow the division's application process.
(i) Applicants shall submit a complete application to the division at least 90 days before the proposed sublease or assignment takes effect.

(ii) As part of the application process, applications will include:
(A) A non-refundable application fee, as defined in the fee schedule set forth by the Utah Legislature,

(B) A completed application with required signatures, and

(C) All items listed under Step One of the application packet.

(d) The division will require compensation for sublease or assignment of a termed easement or lease. Compensation may include:
(i) the difference between what was originally paid for the termed easement or lease and what the division would charge for the termed easement or lease when the application for sublease or assignment is submitted; or

(ii) an alternate fee established by, and at the discretion of the division; and

(iii) the administrative cost incurred to the division in reviewing, preparing, and administering the sublease or assignment.

(e) The division may terminate a termed easement or for failure to follow the division's assignment process.

(7) The division may terminate any termed easement or lease, in whole or in part, for:

(a) non-use or abandonment if the permittee fails to begin construction within 365 days of issuance;

(b) non-use or abandonment if the permittee fails to utilize the termed easement or lease for three consecutive years; or

(c) non-compliance or for failure to abide by any terms and conditions in a signed agreement, division administrative rules, or Utah Code.

(8) A termed easement or lease may be voluntarily terminated or canceled at the request of the permittee. In such cases, the division will not be responsible for reimbursement of any portion of the fees collected.

(9) A termed easement or lease may be renewed by the division if the applicant is in good standing with the division, other state agencies and with local and state laws and regulations, and when the division deems it consistent with Title 23 Wildlife Resources Code of Utah and division rules and policies.

(a) A request for a renewal of an existing termed easement or lease with the same size and use may be issued by the division. The applicant shall submit an application and will be subject to current requirements for compensation, terms and conditions.

(b) A request for a modification in the size, use, or any other alteration to infrastructure use shall be applied for as a new termed easement or lease.

(c) The division may not renew a termed easement or lease without first obtaining written permission from entities who have provided funding assistance when the property was purchased, or any other entity who may have legal rights or restrictions on the property. The division may require additional application items to be carried out to fulfill these requirements.

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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