Utah Code § 63L-8-201 Title.
63L-8-201. Title.
This part is known as "Identification and Land Use Planning."
Enacted by Chapter 317, 2016 General Session
Identification and Land Use Planning
Utah Code tit. 63L, ch. 63L-8, pt. 63L-8-P2
in effectUtah Code § 63L-8-202 Land use planning.
63L-8-202. Land use planning.
(1) The director, in consultation with the board, the commissioner, and other state agencies with management authority over other state owned land and resources affected by land use planning shall, with public involvement, develop, maintain, and revise land use plans that address the use and conservation of public land in the state.
(2) In the development and revision of land use plans, the director shall:
(a) use and observe the principles of multiple use and sustained yield;
(b) develop rules describing the degree of planning necessary for each category of activity upon, or conservation of, public land;
(c) provide for compliance with applicable pollution control laws;
(d) make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened under the federal Endangered Species Act of 1973, as amended, on public land; and
(e) to the extent consistent with the laws governing the administration of the public land:
(i) coordinate the land use inventory, planning, and management activities for public land with the land use planning and management programs of the county government within which the public land is located; and
(ii) involve the public and local county officials in the development of land use programs, land use rules, and land use decisions for public land, including early public notice of proposed decisions, programs, or regulations that may have a significant impact on non-public land.
(3) The director shall, to the maximum extent possible and consistent with this chapter, implement land use plans that provide for consistent results with local land use plans.
(4)
(a) Management decisions shall remain subject to reconsideration, modification, and termination through revision by the director, subject to contractual rights granted by any land use authorization issued by the division.
(b) The director shall report to the speaker of the House of Representatives and the president of the Senate on a management program or policy decision that eliminates, for two or more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or more.
(5) The director shall:
(a) allow an opportunity for public involvement; and
(b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to give governments and the public adequate notice and opportunity to comment upon and participate in the formulation of plans, programs, and policies relating to the management of the public land.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-203 Honoring pre-existing claims and rights.
63L-8-203. Honoring pre-existing claims and rights.
(1) Upon receiving title to a tract of federal public land, the state shall honor all pre-existing rights that run appurtenant to that tract of federal public land.
(2) The state shall develop an adjudicative process to deal with competing claims to rights that run appurtenant to a tract of federal public land.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-204 Exchanges and sales.
63L-8-204. Exchanges and sales.
(1)
(a) It is the policy of this state that exchanges of public land are preferred to any sale of public land, and that when pursuing an exchange, an exchange with the School and Institutional Trust Lands Administration is preferred to an exchange with any other party.
(b) If the DLM proposes an exchange of public land for a different parcel of land, the land the DLM seeks to acquire shall be larger in acreage or considered more valuable for one or more of the principal or major uses described in Section 63L-8-103 than the land the DLM is offering in exchange.
(c) The state may exchange a parcel of public land with the federal government, the School and Institutional Trust Lands Administration, or a private party for a similarly valued parcel of land if:
(i) no more than 1,000 acres of public land is exchanged with the federal government, the School and Institutional Trust Lands Administration, or the private party in one calendar year; or
(ii) the exchange is approved by a two-thirds vote of the Legislature.
(2) The DLM may execute a sale of a parcel of public land if:
(a) the requirements of Subsection 63L-8-104(1)(b) have been met;
(b) the following information is made available on the DLM's website for 30 days before the day on which the director executes the sale:
(i) the legal description of the parcel;
(ii) the local land use plan governing the parcel;
(iii) the proposed purchaser of the parcel;
(iv) the DLM's findings that the sale will further an important public objective, including expansion of a local community;
(v) the minutes or a recording of a meeting in which the public comment was taken on the proposed sale; and
(vi) the purchase price, which may not be less than fair market value;
(c) the director, having completed the land use planning process described in Section 63L-8-202, has determined that the parcel in question:
(i) is not suitable for long-term management by the DLM or another state agency because of the parcel's location or other characteristics; and
(ii) has minimal value for hunting, fishing, or other outdoor recreation;
(d) the parcel is 100 acres or smaller;
(e) the director has determined an exchange, as described in Subsection (1), is not possible;
(f) a competitive bidding process is used to determine the purchaser of the parcel;
(g) the sale is approved by a two-thirds vote of the Legislature; and
(h) the sale is approved by the governor.
(3) All proceeds of a sale under Subsection (2) shall be:
(a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
(b) used to:
(i) acquire additional land that the DLM has determined would be appropriate for public purposes;
(ii) improve existing public land for one or more principal or major uses, as described in Section 63L-8-103; and
(iii) increase the utilization of the public land by the public.
Enacted by Chapter 451, 2017 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title63L/Chapter8/63L-8-P2.html?v=C63L-8-P2_2016051020160510Fetched: 10/26/2026