Department of Veterans and Military Affairs

Utah Code tit. 71A, ch. 71A-1, pt. 71A-1-P2

in effect

Utah Code § 71A-1-201 Department of Veterans and Military Affairs -- Creation -- Appointment of executive director -- Department responsibilities.

71A-1-201. Department of Veterans and Military Affairs -- Creation -- Appointment of executive director -- Department responsibilities. (1) There is created the Department of Veterans and Military Affairs. (2) The governor shall appoint an executive director for the department who is subject to Senate confirmation. (3) The executive director shall be a veteran. (4) The department shall: (a) conduct and supervise all veteran and military affairs activities as provided in this title; (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this title; (c) in accordance with Section 41-1a-418: (i) determine which campaign or combat theater awards are eligible for a special group license plate; (ii) verify that an applicant for a campaign or combat theater award special group license plate is qualified to receive it; and (iii) provide an applicant that qualifies a form indicating the campaign or combat theater award special group license plate for which the applicant qualifies; (d) maintain liaison with local, state, and federal veterans agencies and with Utah veterans organizations; (e) provide current information to veterans, service members, their surviving spouses and family members, and Utah veterans and military organizations on benefits they are entitled to; (f) assist veterans, service members, and their families in applying for benefits and services; (g) cooperate with other state entities in the receipt of information to create and maintain a record of veterans in Utah; (h) create and administer a veterans assistance registry in accordance with Chapter 5, Veterans Assistance Registry, with recommendations from the council, that provides contact information to the qualified donors of materials and labor for certain qualified recipients; (i) identify military-related issues, challenges, and opportunities, and develop plans for addressing them; (j) develop, coordinate, and maintain relationships with military leaders of Utah military installations, including the National Guard; (k) develop and maintain relationships with military-related organizations in Utah; (l) consult with municipalities and counties regarding compatible use plans as described in Sections 10-20-620 and 17-79-616; (m) enforce a food delivery dead zone as described in Section 13-80-201; (n) work in conjunction with the Utah Homeless Services Board to create best practices for helping veterans, as that term is defined in Section 68-3-12.5, avoid homelessness; (o) provide services and benefits directly or indirectly to service members, veterans, and families of service members and veterans, including services and benefits related to claims, health care, employment, education, mental wellness, counseling, business, housing, recognition, camaraderie, and other functions; (p) serve as the State Approving Agency under United States Code, Title 38, Veterans Benefits; and (q) consult with the Division of Professional Licensing regarding licensing for veterans and service members as described in Section 58-1-313. (5) (a) The department may award grants for the purpose of supporting veteran and military outreach, employment, education, healthcare, homelessness prevention, and recognition events. (b) The department may award a grant described in Subsection (5)(a) to: (i) an institution of higher education listed in Section 53H-1-102; (ii) a nonprofit organization involved in veterans or military-related activities; or (iii) a political subdivision of the state. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the administration of grants, including establishing: (i) the form and process for submitting an application to the department; (ii) the method and criteria for selecting a grant recipient; (iii) the method and formula for determining a grant amount; and (iv) the reporting requirements of a grant recipient. (6) (a) The department may: (i) receive gifts, contributions, and donations to support service members, veterans, families of service members and veterans, and military missions, including tangible objects and real property, if the department uses the gifts, contributions, and donations for the benefit of, or in connection with, service members, veterans, families of service members and veterans, or military missions; and (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules related to the administration of gifts, contributions, and donations described in Subsection (6)(a). (b) A gift, contribution, or donation received by the department as described in Subsection (6)(a), does not revert to the General Fund and is considered non-lapsing funds. (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules related to: (a) the consultation with municipalities and counties regarding compatible use plans as required in Subsection (4)(l); and (b) criteria to evaluate whether a proposed land use is compatible with military operations. (8) Nothing in this chapter alters or preempts any provisions of Title 39A, National Guard and Militia Act, as specifically related to the National Guard. Amended by Chapter 75, 2026 General Session

Utah Code § 71A-1-202 Department of Veterans and Military Affairs -- Executive director -- Responsibilities.

71A-1-202. Department of Veterans and Military Affairs -- Executive director -- Responsibilities. (1) The executive director is the chief administrative officer of the department. (2) The executive director is responsible for: (a) the administration and supervision of the department; (b) the coordination of policies and program activities conducted through the department; (c) the development and approval of the proposed budget of the department; (d) preparing an annual report for presentation not later than November 30 of each year to the Government Operations Interim Committee which covers: (i) services provided to veterans, service members, and their families; (ii) services provided by third parties through the Veterans Assistance Registry; (iii) coordination of veterans services by government entities with the department; and (iv) the status of military missions within the state; (e) advising the governor on matters pertaining to veterans and military affairs throughout the state, including active duty service members, reserve duty service members, veterans, and their families; (f) developing, coordinating, and maintaining relationships with Utah's congressional delegation and appropriate federal agencies; and (g) entering into grants, contracts, agreements, and interagency transfers necessary to support the department's programs. (3) The executive director is the acceptance authority for any gifts, contributions, or donations received under Subsection 71A-1-201(6) and shall ensure compliance with the restrictions and limitations described in Section 63G-6a-2404. (4) The executive director may appoint deputy directors to assist the executive director in carrying out the department's responsibilities. (5) A deputy director, described in Subsection (3), of veterans' services shall be a veteran. Amended by Chapter 71, 2025 General Session

Utah Code § 71A-1-203 Wind turbine and wind energy facility siting -- Military Aviation and Installation Assurance Siting Clearinghouse.

71A-1-203. Wind turbine and wind energy facility siting -- Military Aviation and Installation Assurance Siting Clearinghouse. (1) As used in this section: (a) "Clearinghouse" means the Military Aviation and Installation Assurance Siting Clearinghouse established by the United States Secretary of Defense under 10 U.S.C. Sec. 183(a). (b) (i) "Commencement of construction" means beginning excavation of wind turbine foundations or other actions relating to the actual erection and installation of commercial wind energy equipment. (ii) "Commencement of construction" does not include activities related to: (A) the erection of meteorological towers; (B) environmental assessments; (C) surveys; (D) preliminary engineering; or (E) assessments of the development of the wind resources on a given parcel of property. (c) "Determination of no hazard" means the formal response issued by the FAA upon completion of an aeronautical study regarding a facility structure's impact to air navigation affirming that: (i) the facility structure does not exceed obstruction standards; and (ii) modifications to the facility structure are not required. (d) "FAA" means the United States Federal Aviation Administration. (e) "Facility structure" means a wind turbine or other structure located on a wind energy facility, the construction or modification of which would require the completion of Form 7460-1. (f) "Form 7460-1" means: (i) FAA Form 7460-1, Notice of Proposed Construction or Alteration, which the FAA uses to conduct aeronautical studies to promote air safety and the efficient use of navigable airspace, as required under 14 C.F.R. Part 77; or (ii) a form designated by the FAA to conduct aeronautical studies to promote air safety and the efficient use of navigable airspace. (g) "Mission compatibility certification letter" means the formal response the clearinghouse issues through the clearinghouse's review of proposed projects and facility structures through the clearinghouse's evaluation process. (h) "Owner" means a person having a majority equity interest in a commercial wind energy facility. (i) (i) "Wind energy facility" means an electrical generation consisting of one or more wind turbines under common ownership or operating control. (ii) "Wind energy facility" includes the infrastructure necessary to support the generation of electricity by one or more wind turbines, including: (A) substations; (B) meteorological data towers; (C) aboveground and underground electrical transmission lines; (D) transformers; (E) control systems; and (F) other structures used to support the operation of the facility with the primary purpose of supplying electricity to an off-site customer. (j) (i) "Wind turbine" means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator. (ii) "Wind turbine" includes the turbine, blade, tower, base, and pad transformer. (2) Construction or modification of a facility structure may not encroach upon or otherwise have an adverse impact on the mission, training, or operations of any military installation or branch of the military as determined by the clearinghouse and the FAA. (3) An adverse impact to a military installation or branch of the military in Subsection (2) includes an adverse impact to: (a) a military training route; (b) a drop zone; (c) an approach to a runway; (d) a test or training range; (e) a military installation or facility; (f) United States Department of Defense special use air space; and (g) United States Department of Defense spectral requirements. (4) (a) A facility structure may not be constructed or expanded unless: (i) there is an active determination of no hazard; or (ii) any adverse impacts to the United States Department of Defense, determined in accordance with 32 C.F.R. Sec. 211.6, or the National Defense Authorization Act have been resolved as evidenced by documentation from the clearinghouse for the facility structure and the department. (b) For purposes of Subsection (4)(a)(ii), a mission compatibility certification letter may serve as evidence that the wind facility has resolved adverse impacts with the United States Department of Defense or successor agency. (5) (a) Before expanding or constructing a facility structure, and within 30 days of submitting an application to the FAA, an owner shall file a copy of the FAA application with the department. (b) Within 15 days of receiving a copy of the FAA application to construct a wind energy site, the department will provide a copy of the application to the Department of Natural Resources and the affected military entities. (c) The department may serve in a coordination role with the owner, the Department of Natural Resources, and the affected military entity. (6) Within 30 days of receiving final notification from the FAA or a Notice of Presumed Risk from the Department of Defense the owner shall provide the department a copy of the documentation as well as: (a) any determination of no hazard the owner receives related to the facility structure; (b) any documentation the owner receives from the clearinghouse referring to any resolution of adverse impacts created by the facility structure; and (c) any documentation the owner receives from the department demonstrating a determination of no impact or no hazard. (7) The requirements under this section may not prohibit the construction of a facility structure if the facility structure has received a determination of no hazard or mitigation plan before May 1, 2024. (8) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer this section. (b) The documentation an owner submits in accordance with Subsections (5) and (6): (i) shall only be used and disclosed by the department in accordance with this section; (ii) is confidential, not public, and not open to public inspection; and (iii) is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. (9) If an owner fails to submit the documentation described in Subsections (5) and (6) for an individual facility structure: (a) the department may charge the owner an administrative penalty not to exceed $1,500 per day, per violation; and (b) a stakeholder, including the department, may bring an action in court to: (i) enjoin any action on a facility structure in violation of this section; and (ii) enforce the requirements of this section. Enacted by Chapter 43, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title71A/Chapter1/71A-1-P2.html?v=C71A-1-P2_2023050320230503Fetched: 10/26/2026