Utah Code § 63L-8-301 Title.
63L-8-301. Title.
This part is known as "Administration of the Utah Public Land Management Act."
Enacted by Chapter 317, 2016 General Session
Administration of the Utah Public Land Management Act
Utah Code tit. 63L, ch. 63L-8, pt. 63L-8-P3
in effectUtah Code § 63L-8-302 Department of Land Management.
63L-8-302. Department of Land Management.
Except as otherwise provided by law, the Department of Land Management, created in Section 63L-9-102, shall provide necessary staff support for the implementation of this chapter.
Amended by Chapter 451, 2017 General Session
Utah Code § 63L-8-303 Management of use, occupancy, and development of public land.
63L-8-303. Management of use, occupancy, and development of public land.
(1) As used in this section, "casual" means activity that:
(a) occurs irregularly; and
(b) is non-commercial.
(2)
(a) Except as provided in Subsection (2)(b), the director shall manage the public land under principles of multiple use and sustained yield, in accordance with land use plans developed by the DLM.
(b) Where a tract of public land has been dedicated to a specific use according to a provision of law, legal encumbrance, or contractual obligation, it shall be managed in accordance with those provisions.
(3)
(a) The director shall, subject to Subsection (3)(b) and other applicable law, authorize use of the public land through land use authorizations.
(b) The director may permit state departments, agencies, and local governments to use, occupy, and develop public land through rights-of-way or other cooperative agreements.
(c) The director may authorize use of the land through specific programs, such as:
(i) the collection of firewood, nuts, or the casual gathering of other organic products;
(ii) camping or other casual use;
(iii) rockhounding, building stone, or the gathering of other rock products; or
(iv) other casual uses.
(d) The programs described in Subsection (3)(c) may require the issuance of a permit and collection of a reasonable fee, if necessary.
(e) Nothing in this chapter shall be construed as:
(i) authorizing the director to:
(A) require permits to hunt and fish on public land and adjacent water beyond those approved by the Wildlife Board pursuant to Title 23A, Wildlife Resources Act; or
(B) to close public land or areas of public land to hunting, fishing, or trapping, except as provided in Subsection (3)(f); or
(ii) enlarging or diminishing the responsibility and authority of the Wildlife Board or Division of Wildlife Resources for management of fish and resident wildlife on public land pursuant to Title 23A, Wildlife Resources Act.
(f) The director may designate areas of public land where, and establish periods when, no hunting will be permitted on public land for reasons of public safety, administration, or compliance with provisions of applicable law.
(4) Subject to Subsection (5), the director shall insert in any land use authorization providing for the use, occupancy, or development of the public land, a provision authorizing revocation or suspension, after notice and hearing, of the authorization upon a final administrative finding of a violation of any term or condition of the authorization.
(5)
(a) The director may immediately revoke or suspend a land use authorization if, after notice and administrative hearing, there is an administrative finding that the holder violated a term or condition of the authorization.
(b) If a holder of an authorization rectifies the violation that formed the basis of the director's suspension under Subsection (5)(a), the director may terminate the suspension.
(6) The director may order an immediate temporary suspension before a hearing or final administrative finding if the director determines that a suspension is necessary to protect:
(a) health or safety; or
(b) the environment.
(7) Use of public land pursuant to a general authorization under this section shall be limited to areas where the use is consistent with the applicable land use plans prepared pursuant to Section 63L-8-202.
(8) A general authorization for the use of public land shall be subject to:
(a) a requirement that the using party shall be responsible for any necessary cleanup and decontamination of the land used; and
(b) terms and conditions, including restrictions on use of off-road or all-terrain vehicles, as the director deems appropriate.
(9) A general authorization issued pursuant to this section:
(a) may not be for a term exceeding five years; and
(b) shall be revoked in whole or in part, as the director finds necessary, upon a determination by the director that:
(i) there has been a failure to comply with its terms and conditions; or
(ii) activities permitted by the authorization have had, or might have, a significant adverse impact on the resources or values of the affected lands.
(10) Each specific use of a particular area of public land pursuant to a general authorization under this section is subject to:
(a) specific authorization by the director; and
(b) appropriate terms and conditions, as described in this section.
(11) An authorization under this section may not authorize the construction of permanent structures or facilities on the public land.
(12) No one may use or occupy public land without appropriate authorization.
Amended by Chapter 34, 2023 General Session
Utah Code § 63L-8-304 Enforcement authority.
63L-8-304. Enforcement authority.
(1) The director shall issue rules as necessary to implement the provisions of this chapter with respect to the management, use, and protection of the public land and property located on the public land.
(2) At the request of the director, the attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an injunction or other appropriate remedy to prevent any person from utilizing public land in violation of this chapter or rules issued by the director under this chapter.
(3) The use, occupancy, or development of any portion of the public land contrary to any rule issued by the DLM in accordance with this chapter, and without proper authorization, is unlawful and prohibited.
(4)
(a) The locally elected county sheriff is the primary law enforcement authority with jurisdiction on public land to enforce:
(i) all the laws of this state; and
(ii) this chapter and rules issued by the director pursuant to Subsection (1).
(b) The governor may utilize the Department of Public Safety for the purposes of assisting the county sheriff in enforcing:
(i) all the laws of this state and this chapter; and
(ii) rules issued by the director pursuant to Subsection (1).
(c) A natural resources officer employed under Title 79, Chapter 2, Part 7, Division of Law Enforcement, has authority to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of any protected wildlife.
(d) A natural resources officer employed under Title 79, Chapter 2, Part 7, Division of Law Enforcement, shall work cooperatively with the locally elected county sheriff to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of protected wildlife.
(e) Nothing herein shall be construed as enlarging or diminishing the responsibility or authority of a state certified peace officer in performing the officer's duties on public land.
Amended by Chapter 80, 2024 General Session
Utah Code § 63L-8-305 Fees, charges, and commissions.
63L-8-305. Fees, charges, and commissions.
(1) The director may establish reasonable filing and service fees with respect to applications and other documents relating to the public land, in accordance with Section 63J-1-504.
(2) The director is authorized to require a deposit of any payments intended to reimburse the state for reasonable costs with respect to applications and other documents relating to such land.
(3) The money received under this subsection shall be:
(a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
(b) authorized to be appropriated and made available until expended.
(4)
(a) As used in this section "reasonable costs" include:
(i) the costs of special studies;
(ii) environmental reviews;
(iii) monitoring construction, operation, maintenance, and termination of any authorized facility; or
(iv) other special activities.
(b) In determining whether costs are reasonable, the director may take into consideration:
(i) actual costs, exclusive of management overhead;
(ii) the monetary value of the rights or privileges sought by the applicant;
(iii) the efficiency of the government processing involved;
(iv) that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant;
(v) the public service provided; and
(vi) other factors relevant to determining the reasonableness of the costs.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-306 Availability of excess fees.
63L-8-306. Availability of excess fees.
All fees authorized by this chapter, excluding mining claim fees, not otherwise dedicated by law for a specific distribution shall:
(1) be deposited in the Public Land Management Fund created in Section 63L-8-308; and
(2) remain available until expended.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-307 Public Land Protection Fund -- Forfeitures and deposits.
63L-8-307. Public Land Protection Fund -- Forfeitures and deposits.
(1) There is created an expendable special revenue fund known as the "Public Land Protection Fund."
(2) The fund shall consist of:
(a) money appropriated by the Legislature;
(b) money received by the state as a result of:
(i) the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of a contract or permit or does not comply with rules issued under this chapter; or
(ii) a compromise or settlement of any claim involving present or potential damage to the public land;
(c) money voluntarily donated or contributed to the fund; and
(d) interest earned on money in the fund.
(3) The DLM may expend money in the fund to cover the cost of any improvement, protection, or rehabilitation work on public land, which is rendered necessary by the action that led to a forfeiture, compromise, or settlement.
(4) If the director finds that any portion of a deposit or amount forfeited under this chapter is in excess of the cost of doing the work authorized under this chapter, the director may issue a refund of the amount in excess to be made from applicable funds.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-308 Public Land Management Fund.
63L-8-308. Public Land Management Fund.
(1) There is created an expendable special revenue fund known as the "Public Land Management Fund."
(2) The fund shall consist of:
(a) fees collected by the DLM under this chapter;
(b) money appropriated to the fund by the Legislature;
(c) money collected under Section 63L-8-505;
(d) money voluntarily donated or contributed to the fund;
(e) proceeds, as described in Subsection 63L-8-204(3); and
(f) interest earned on the fund.
(3) The DLM may expend money in the fund on:
(a) administration costs;
(b) project planning;
(c) a payment authorized by this chapter; and
(d) other duties required under this chapter, including the acquisition and improvement of public land, as described in Section 63L-8-104.
(4) The DLM shall annually expend money in the fund to pay a county in lieu of taxes the county cannot levy on public land owned by the state:
(a) in an amount no less than the highest amount ever fully authorized by Congress for payment to the county under the federal Payments in Lieu of Taxes and Secure Rural Schools programs, according to the most recent federal formulas before the effective date of this chapter, as described in Section 63L-8-602; and
(b) as funding allows.
Amended by Chapter 451, 2017 General Session
Utah Code § 63L-8-309 Timber Fund.
63L-8-309. Timber Fund.
(1) There is created an expendable special revenue fund known as the "Timber Fund."
(2) The fund described in Subsection (1) shall consist of:
(a) money received from the disposal of timber prepared for sale from public lands;
(b) money voluntarily donated or contributed to the fund; and
(c) interest earned on the fund.
(3) The DLM may expend money in the fund for the purposes of:
(a) planning and preparing timber for disposal;
(b) the administration of timber sales;
(c) site preparation and reforestation;
(d) wildfire suppression and rehabilitation on forested public land; and
(e) overhead and direct costs associated with timber management.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-310 Grazing Land Fund.
63L-8-310. Grazing Land Fund.
(1) There is created an expendable special revenue fund known as the "Grazing Land Fund."
(2) The fund shall consist of:
(a) money received from grazing fees, as described in Section 63L-8-402;
(b) money voluntarily donated or contributed to the fund; and
(c) interest earned on the fund.
(3) The DLM may expend money in the fund for:
(a) on-the-ground range rehabilitation, protection, and improvements on public land that is grazed;
(b) seeding and reseeding;
(c) fence construction;
(d) weed control;
(e) water development;
(f) fish and wildlife habitat enhancement;
(g) wildfire suppression; and
(h) overhead and direct costs associated with rangeland and grazing management.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-311 Implementation provisions.
63L-8-311. Implementation provisions.
(1)
(a) The director may conduct investigations, studies, and experiments involving the management, protection, development, acquisition, and transfer of public land.
(b) The director may work with other departments, agencies, or political subdivisions in conducting an investigation, study, or experiment, as described in Subsection (1)(a).
(c)
(i) Where an investigation, study, or experiment described in Subsection (1)(a) finds that the transfer of a tract of public land in excess of 200 acres would promote economic land management or serve an important public interest, including the expansion of communities and economic development, the director shall recommend the transfer to the Natural Resources, Agriculture, and Environment Interim Committee and include the basis for the recommendation.
(ii) No transfer of a tract of public land in excess of 200 acres may be authorized until approved by the Legislature and the governor.
(2) The director may enter into contracts and cooperative agreements involving the management, protection, and development of public land.
(3)
(a) The director may accept voluntary contributions or donations of money, services, and real or personal property for:
(i) the management, protection, and development of public land, including the acquisition of rights-of-way;
(ii) any purpose described in Sections 63L-8-307, 63L-8-308, 63L-8-309, and 63L-8-310; or
(iii) cadastral surveying performed on public land and intermingled land.
(b) The director shall deposit any money donated or contributed under this section in the account designated by the donor or, if not specified, in the Public Land Management Fund created in Section 63L-8-308.
Enacted by Chapter 317, 2016 General Session
Utah Code § 63L-8-312 Annual reports.
63L-8-312. Annual reports.
(1) The director shall:
(a) prepare a report on the public land in accordance with Subsection (2); and
(b) submit the report to the Natural Resources, Agriculture, and Environment Interim Committee no later than October 31 annually.
(2) A list of programs and specific information to be included in the report described in Subsection (1) shall be developed by the Natural Resources, Agriculture, and Environment Interim Committee before the end of each fiscal year.
Enacted by Chapter 317, 2016 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title63L/Chapter8/63L-8-P3.html?v=C63L-8-P3_2016051020160510Fetched: 10/26/2026