Use of Land

Utah Code tit. 23A, ch. 23A-6, pt. 23A-6-P4

in effect

Utah Code § 23A-6-401 Target shooting prohibitions.

23A-6-401. Target shooting prohibitions. (1) As used in this section: (a) "County sheriff" means the individual holding the office of county sheriff in the portion of a wildlife management area where target shooting will be, or is, prohibited under this section. (b) "Extremely hazardous" means categorized as "extreme" under a nationally recognized standard for rating fire danger. (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for target shooting within all or part of a wildlife management area if the director finds, and the county sheriff agrees, that conditions in that portion of the wildlife management area are extremely hazardous. (3) A prohibition under this section: (a) shall undergo a formal review by the director and the county sheriff every 14 days; (b) may not prohibit an individual from legally possessing a firearm or lawfully participating in a hunt; and (c) may only remain in place for as long as extremely hazardous conditions exist in the area that is subject to the prohibition. (4) The director and the county sheriff shall: (a) via a written document, agree to the terms of a prohibition under this section, including: (i) the exact area where target shooting is prohibited; and (ii) the date when the prohibition becomes effective; and (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a). Renumbered and Amended by Chapter 103, 2023 General Session

Utah Code § 23A-6-402 Right of access to lands for hunting, trapping, or fishing reserved to public -- Exceptions.

23A-6-402. Right of access to lands for hunting, trapping, or fishing reserved to public -- Exceptions. (1) Except as provided in Section 23A-6-405 or 65A-2-5, there is reserved to the public the right of access to lands owned by the state, including those lands lying below the official government meander line or high water line of navigable waters, for the purpose of hunting, trapping, or fishing. (2) When a department or agency of the state leases or sells land belonging to the state lying below the official government meander line or the high water line of the navigable waters within the state, the lease, contract of sale, or deed shall contain a provision that: (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing during the lawful season, except as provided by Section 65A-2-5; and (b) the lessee, contractee, or grantee may not charge a person who desires to go upon the land for the purpose of hunting, trapping, or fishing. (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or fishing as provided in this title for other lands and waters. (4) The division may temporarily close that portion of a highway, as defined in Section 41-6a-102, that enters into or crosses land owned by the division if closure is needed for the benefit of wildlife. Amended by Chapter 383, 2026 General Session

Utah Code § 23A-6-403 State-owned lands authorized for use as wildlife management areas, fishing waters, and for other recreational activities.

23A-6-403. State-owned lands authorized for use as wildlife management areas, fishing waters, and for other recreational activities. (1) The Wildlife Board may use any and all unsurveyed state-owned lands below the 1855 meander line of the Great Salt Lake within the following townships for the creation, operation, maintenance and management of wildlife management areas, fishing waters, and other recreational activities: Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West, S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4 West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North, Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2 North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.; Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B. and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West, S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2 West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4 West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North, Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5 West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North, Range 4 West, S.L.B. and M.; Township 6 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B. and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2 West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North, Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township 11 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.; Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 8 West, S.L.B. and M. (2) (a) The Wildlife Board shall establish a wildlife management area known as the "Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the 1855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4 West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B. and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M., except for the following: (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird Refuge; (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl Management Area; (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and (iv) lands within the May 14, 2019, boundaries of state mineral leases. (b) The division shall execute a memorandum of understanding with the Division of Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands described in Subsection (2)(a) as a wildlife management area. (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a wildlife management area and consistent with: (i) the beneficial purposes identified in Subsection (2)(d); and (ii) a management plan created consistent with the procedures in this chapter for a management plan. (d) The division shall manage the Willard Spur Waterfowl Management Area for the following beneficial purposes: (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals, shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem and the Great Salt Lake ecosystem's surrounding wetlands; (ii) preserving and enhancing the natural function, vegetation, and water flows under existing or acquired water rights to provide productive habitat for the species listed in Subsection (2)(d)(i); (iii) providing recreational opportunity for traditional marsh-related activities, including hunting, fishing, trapping, and wildlife viewing; and (iv) providing public access in the Willard Spur Waterfowl Management Area for purposes of hunting, fishing, trapping, and wildlife viewing, including access with airboats and other small watercraft. (e) The division shall provide the habitat, recreational opportunities, and public access described in Subsection (2)(d). (f) (i) The division may construct a structure within the Willard Spur Waterfowl Management Area only after the division forms and meets with an advisory committee concerning the structure. (ii) The advisory committee formed by the division under this Subsection (2)(f) shall include representatives of users of airboats, users of other small watercraft, hunters of waterfowl, and other stakeholders in the Willard Spur Waterfowl Management Area. (3) (a) The Wildlife Board shall establish a wildlife management area known as the "Bear River Bay Waterfowl Management Area" on the unsurveyed state-owned lands below the 1855 meander line of the Great Salt Lake in Bear River Bay or as mutually determined by the division and the Division of Forestry, Fire, and State Lands. (b) The division shall execute a memorandum of understanding with the Division of Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands described in Subsection (3)(a) as a wildlife management area. (c) The division shall manage the state-owned lands described in Subsection (3)(a) as a wildlife management area and consistent with: (i) the beneficial purposes identified in Subsection (3)(d); and (ii) a management plan created consistent with the procedures in this chapter for a management plan. (d) The division shall manage the Bear River Bay Waterfowl Management Area for the following beneficial purposes: (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals, shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem and the Great Salt Lake ecosystem's surrounding wetlands; (ii) preserving and enhancing the natural function, vegetation, and water flows under existing or acquired water rights to provide productive habitat for the species listed in Subsection (3)(d)(i); (iii) providing recreational opportunity for traditional marsh-related activities, including hunting, fishing, trapping, and wildlife viewing; and (iv) providing public access in the Bear River Bay Waterfowl Management Area for purposes of hunting, fishing, trapping, and wildlife viewing, including access with airboats and other small watercraft. (e) The division shall provide the habitat, recreational opportunities, and public access described in Subsection (3)(d). (4) (a) The Wildlife Board shall establish a wildlife management area known as the "Goshen Bay Waterfowl Management Area" on the surveyed and unsurveyed state-owned lands below the settled boundary lines or otherwise determined line of Utah Lake in Goshen Bay as mutually determined by the division and the Division of Forestry, Fire, and State Lands within: (i) Township 9 South, Range 1 West, Sections 11, 12, 13, 14, 23, 24, S.L.B. and M.; and (ii) Township 9 South, Range 1 East, Sections 7, 18, S.L.B. and M. (b) The division shall execute a memorandum of understanding with the Division of Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands described in Subsection (4)(a) as a wildlife management area. (c) The division shall manage the state-owned lands described in Subsection (4)(a) as a wildlife management area and consistent with: (i) the beneficial purposes identified in Subsection (4)(d); (ii) multiple-use sustained yield principles as described in Section 65A-2-1; and (iii) a management plan created consistent with the procedures in this chapter for a management plan. (d) The division shall manage the Goshen Bay Waterfowl Management Area for the following beneficial purposes: (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals, shorebirds, and other migratory and nonmigratory birds that use the Utah Lake ecosystem and the Utah Lake ecosystem's surrounding wetlands; (ii) preserving and enhancing the natural function, vegetation, and water flows to provide productive habitat for the species listed in Subsection (4)(d)(i); (iii) providing recreational opportunity for traditional marsh-related activities, including hunting, fishing, trapping, and wildlife viewing; and (iv) providing public access in the Goshen Bay Waterfowl Management Area for purposes of hunting, fishing, trapping, and wildlife viewing, including access with airboats and other small watercraft. (e) The division shall provide the habitat, recreational opportunities, and public access described in Subsection (4)(d). Amended by Chapter 25, 2026 General Session

Utah Code § 23A-6-404 Unlawful uses and activities on division lands.

23A-6-404. Unlawful uses and activities on division lands. (1) Except as authorized by statute, rule, contractual agreement, special use permit, certificate of registration, or public notice, a person may not on division land: (a) remove, extract, use, consume, or destroy an improvement or cultural or historic resource; (b) remove, extract, use, consume, or destroy sand, gravel, cinder, ornamental rock, or other common mineral resource, or vegetation resource, except a person may collect for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on the surface of the ground; (c) allow livestock to graze; (d) remove a plant or portion of a plant for commercial gain purposes; (e) enter, use, or occupy division land that is posted against entry, use, or occupancy; (f) enter, use, or occupy division land as part of a group of more than 25 people, except a group may include up to 50 persons if the group consists of extended family members; (g) enter, use, or occupy division land while engaged in or part of an organized event; (h) use, occupy, destroy, move, or construct a structure, including a fence, water control device, road, survey and section marker, or sign; (i) prohibit, prevent, or obstruct public entry on division lands when public entry is authorized by the division; (j) attempt to manage or control division lands in a manner inconsistent with division management plans, rules, or policies; (k) solicit, promote, negotiate, barter, sell, or trade a product or service on, or obtained from, division lands for commercial gain; (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the area is posted for a different duration; (m) light a fire without taking adequate precaution to prevent spreading of the fire or leave a fire unattended; (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide; (o) use a motorized vehicle of any kind except as authorized by declaration, management plan, or posting; or (p) use division lands for a purpose that violates applicable land use restrictions imposed by statute, rule, or by the division. (2) A person who unlawfully uses division lands is liable for damages in the amount of: (a) the value of the resource removed, destroyed, or extracted; (b) the amount of damage caused; and (c) whichever is greater of: (i) the value of losses or expenses caused as a result of interference with authorized activities; or (ii) the consideration which would have been charged by the division for use of the land during the period of trespass. (3) This section does not apply to division employees or division volunteers while acting in the lawful performance of the employees' or volunteers' duties. (4) Except as otherwise provided by statute, the criminal penalty for a violation of this section is prescribed in Section 23A-5-301. Renumbered and Amended by Chapter 103, 2023 General Session

Utah Code § 23A-6-405 Access to wildlife management areas -- Voluntary contributions -- Volunteer labor.

23A-6-405. Access to wildlife management areas -- Voluntary contributions -- Volunteer labor. (1) As used in this section: (a) "Class A state road" means the same as that term is described in Section 72-3-102. (b) "Class B road" means the same as that term is described in Section 72-3-103. (c) "Digital access permit" means a permit issued under Subsection (3) as proof that an individual completed an educational video approved by the division. (d) "Highway or road" means a highway, as defined in Section 41-6a-102, that: (i) is part of the interstate system, is a Class A state road, or is a Class B road; and (ii) begins and ends in a location outside a wildlife management area. (e) "Interstate system" means the same as that term is defined in Section 72-1-102. (f) "Recreational user" means an individual who accesses a wildlife management area for a purpose allowed on the wildlife management area that is not hunting, trapping, or fishing. (2) (a) Except as provided in Subsection (4), an individual who is 18 years old or older may not enter the following portions of a wildlife management area for any use, including as a recreational user, unless authorized under Subsection (2)(b): (i) beginning on or after July 1, 2026, and ending June 30, 2027, a portion of a wildlife management area located within a county of the first and second class; (ii) beginning on or after July 1, 2027, and ending June 30, 2028, a portion of a wildlife management area located within a county of the first, second, third, or fourth class; and (iii) beginning July 1, 2028, any portion of a wildlife management area located within the state. (b) An individual who is 18 years old or older may enter the portion of a wildlife management area located in an area described in Subsection (2)(a), if the individual: (i) has a digital access permit issued under Subsection (3); (ii) holds a hunting, fishing, or combination license; (iii) is permitted to engage in the use under a contract with, or other permission given by, the division; or (iv) is permitted to engage in the use or to access the land in accordance with a property right giving the individual the right to use or access land within the wildlife management area. (c) If the use in which an individual engages that is described in this Subsection (2) would require a specific license, permit, cooperative agreement, or certificate of registration under this title if engaged in on other lands or waters, the individual shall hold the correct license, permit, cooperative agreement, or certificate of registration to engage in the use. (3) (a) The division shall approve an educational video concerning access by individuals of wildlife management areas and make the educational video: (i) available on the internet; (ii) available to be watched free of charge; and (iii) subject to verification of completion as provided in Subsection (3)(b). (b) The division shall provide a process by which the division issues an individual a digital access permit upon the individual's: (i) completion of the educational video; and (ii) acknowledgment that the individual's access to a wildlife management area may be seasonal or subject to closures for wildlife conservation efforts. (4) (a) If an individual is expressly exempt under this title from a requirement to hold a license, permit, cooperative agreement, or certificate of registration to engage in hunting, trapping, or fishing if engaged in on lands or waters other than a wildlife management area, the individual: (i) is not required to hold a hunting, fishing, or combination license to access a wildlife management area described in Subsection (2)(a); and (ii) is required to have a digital access permit to access a wildlife management area unless otherwise exempt under this section. (b) (i) An individual may travel on a highway or road that crosses a wildlife management area described in Subsection (2)(a) without complying with Subsection (2)(b). (ii) Notwithstanding Subsection (4)(b)(i), the division may temporarily close a portion of a highway or road in accordance with Subsection 23A-6-402(4). (c) An individual may travel on a trail that begins and ends in a location outside the wildlife management area described in Subsection (2)(a) without complying with Subsection (2)(b). (d) An individual may participate in an educational program or visit an education or visitor center located within a wildlife management area described in Subsection (2)(a) without complying with Subsection (2)(b). (e) An individual may access the portion of a wildlife management area that the director, in limited circumstances that do not compromise the purposes of the wildlife management area, exempts from the requirements of this section. (f) An individual may access a wildlife management area described in Subsection (2)(a) without complying with Subsection (2)(b) to the extent necessary to recover livestock that enters the wildlife management area by way of land adjacent to the wildlife management area upon which the livestock is authorized to graze. (5) (a) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in coordination with the Division of Technology Services within the Department of Government Operations, to: (i) provide for the content and delivery of the educational video described in Subsection (3), including issuance of the digital access permit; (ii) interpret what is meant to be "expressly exempt under this title from a requirement to hold a license, permit, cooperative agreement, or certificate of registration to engage in hunting, trapping, or fishing"; (iii) define what constitutes an "educational program" or "education or visitor center"; (iv) define what constitutes a trail that begins and ends in a location outside a wildlife management area; (v) interpret what constitutes limited circumstances that do not compromise the purposes of a wildlife management area for purposes of Subsection (4)(e); (vi) establish a process for accepting contributions under Subsection (6); and (vii) establish a volunteer service program under Subsection (7). (b) The division shall report by no later than the next regularly scheduled meeting of the Natural Resources, Agriculture, and Environment Interim Committee concerning a rule made, including an amendment to a rule, by the Wildlife Board under this section. (6) (a) The division may accept a voluntary money contribution for deposit into the Wildlife Management Stewardship Fund created in Section 23A-3-217: (i) in an amount the person making the contribution chooses to contribute; and (ii) to benefit a specific wildlife management area or to benefit wildlife management areas in general. (b) If a person voluntarily donates money for a specific wildlife management area, the division shall use the money for that wildlife management area, except that if the total amount donated by all persons to a specific wildlife management area in a fiscal year is less than $1,000, the division may use the donation for any wildlife management area in accordance with Subsection 23A-3-217(4). (c) The division shall keep a record of a contribution under this Subsection (6) for as long as administrative need requires. (d) If an individual who has a digital access permit contributes an amount equal to or exceeding the fee amount prescribed by the Wildlife Board for a fishing license under Section 23A-4-601: (i) the division shall treat the contribution as the purchase of a fishing license for 365 days from the day on which the individual makes the contribution; and (ii) the individual may fish within the state using the digital access permit during the period described in Subsection (6)(d)(i). (7) (a) The division may establish a program to: (i) permit an individual to volunteer labor to maintain a wildlife management area; and (ii) recognize the individual providing the labor through signage or other indication. (b) The division may require an individual desiring to volunteer labor to maintain a wildlife management area to submit an application to the division on a form provided by the division. (c) The director may appoint a manager to oversee the administration of the program created under this Subsection (7). (d) Rules made by the Wildlife Board under Subsection (5), may include rules for: (i) partnerships between private and public entities; and (ii) the duties of the manager. (e) The division may provide liability coverage for a person who volunteers labor under this Subsection (7) or require the person to sign, in a form approved by the division, a release and liability waiver. Enacted by Chapter 383, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title23A/Chapter6/23A-6-P4.html?v=C23A-6-P4_2023050320230701Fetched: 10/26/2026