Utah Admin. Code R651-700-11 - Right-Of-Way, Easements, and Special Use Leases - Final Determination

(1) The director may deny any application for a ROW, easement, or special use lease if:

(a) the application does not include all the information required or requested by the division pursuant to this rule;

(b) the division determines that the potential impact to public recreation, cultural or historic resources, view shed, wildlife habitat, or water quality is unacceptable;

(c) the proposed land use contravenes any applicable division plan, current or proposed development plan or master plan;

(d) the division determines that the applicant has not adequately considered ways to avoid or minimize impacts or that the applicant has failed to propose adequate compensatory mitigation plans for unavoidable impacts, including cumulative impacts;

(e) the proposed land use affects real property in which a third party has contractual or other legal rights and the land use is rejected by that party; or

(f) the applicant is in default on any previous obligation to the division.

(2) If the application is rejected, the division shall provide a written notice of the rejection to the applicant.

(3) A ROW, easement or special use lease may include provisions requiring the applicant to:

(a) restore to the division's satisfaction all structures impacted by the proposed land use, including fences, roads, and existing facilities, and to regrade the authorized area as nearly as practical to its original grade and contour, and to re-vegetate, the authorized area impacted by the land use;

(b) adhere to the terms of the applicant's approved land use plan prescribed in Subsections R651-700-8(3) and (4);

(c) pay compensatory mitigation and all other expenses associated with the land use; and

(d) provide all permits and clearances for the land use.

(4) Before the division issues an easement, ROW, or special use lease, or for good cause shown at any time during the term of such agreement, and upon 30 days written notice, the division may require the applicant or grantee to post a bond in the form and amount as may be determined by the division to assure compliance with all terms and conditions of the easement, ROW, or special use lease.

Notes

Utah Admin. Code R651-700-11

Amended by Utah State Bulletin Number 2023-21, effective 10/24/2023