Utah Admin. Code R651-700-12 - Easement, ROW, Temporary Land Use Permit or Special Use Lease - General Terms and Conditions
(1) A ROW,
easement, or special use lease may be granted for a maximum of 30
years.
(2) The initial term of a
special use lease may not exceed 15 years.
(3) The division shall determine the length
of a special use lease based on the nature of the intended use of the
authorized area.
(4) The division
may, at its discretion and subject to the provisions of this rule, include in a
special use lease a provision that allows for renewal for a term to be
determined by the division.
(5) The
division may offer special use leases for the minimum amount of area the
division determines is required for the requested use.
(6) The division may grant a temporary land
use permit, on terms acceptable to the division, for temporary, non-depleting
uses of division property relating to construction or other real property
improvement activities.
(7) The
lessee, grantee, or permittee may request the division close all or portions of
the authorized area to public entry, or that the division restrict recreational
use by the public, to protect persons or property from harm.
(8) The division or its authorized
representatives shall have the right to enter into and upon the authorized area
at any time for the purposes of inspection or management, or to conduct noxious
weed or pest abatement, or to conduct wildfire control and mitigation
activities.
(9) The lessee or
grantee, or permittee shall dispose of all waste in a proper manner and may not
permit debris, garbage, or other refuse to accumulate within the authorized
area or to be discharged into any waterway.
(10) A lessee or grantee, or permittee may
not interfere with lawful public use of an authorized area, or obstruct free
transit across division land, or intimidate or otherwise threaten or harm
public users of division land.
(11)
(a) Upon the expiration or termination of a
ROW, easement, lease, or special use lease, or temporary land use permit, the
holder shall remove from the authorized area any or all improvements and
personal property within the time specified in the easement, ROW, Lease, or
special use lease.
(b) Any
improvements or personal property remaining on the area authorized by the
easement, ROW, lease, special use lease, or temporary land use permit after the
removal period has expired shall become the property of the division.
(c) If the grantee, lessee, or permittee
fails to remove any improvements or personal property with the specified time
period, the division may remove them and charge the grantee, lessee or
permittee for the reasonable costs of removal.
(12) The holder of a special use lease or
permit may not allow any other use to be made of the authorized area, or any
use to occur on the authorized area, that is not specifically authorized:
(a) by that special use lease or permit;
or
(b) in writing by the division
if the use is not authorized by the special use lease or permit.
Notes
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