Utah Admin. Code R651-700-4 - Definitions As Used in This Section

(1) Applicant means any person applying for a right-of-way (ROW), easement, lease, or special use lease.

(2) Agriculture means the cultivation of land to grow crops or raise livestock.

(3) Appraised value means an estimate of the current fair market value of property derived by disinterested persons of suitable qualifications, including a licensed independent appraiser.

(4) Authorized area means an area of division land, where the division allows a development or occupancy, o r where the division allows use of division land through a ROW, easement, lease, special use lease, temporary land use permit, or other written authorization.

(5) Board of State Parks means the policy making body of the Division of State Parks created by Title 79, Chapter 4, Part 3, Board Creation an Duties.

(6) Communications facility means towers, antennae, dishes, buildings, and associated equipment used to transmit or receive radio, microwave, wireless communications, or other electronic signals..

(7) Department means the Department of Natural Resources.

(8) Development means any structure, improvement, or facility built on division land.

(9) Director means the Director of the Division of State Parks or the director's designee.

(10) Division means the Division of State Parks.

(11) Division land means land owned and managed by the division or its agents.

(12) Easement means a less than fee interest in land owned by another party, entitling the holder of said interest to limited use of enjoyment of division land.

(13) Executive director means the executive director of the Department of Natural Resources.

(14) Fair market rental value means the annual cash amount a willing tenant would pay, and a willing landlord would accept for the highest and best use of the same or similar lands.

(15) Lands and Environmental Coordinator means the division employee responsible for real property planning, documentation, analysis, reports, agreements, databases, and coordination.

(16) Lease means an agreement that authorizes use of real property for a specific term and purpose, under specified conditions for a fee.

(17) Park manager means the management official for one or more state parks.

(18) Right-of-way" or "ROW" means the right or privilege, acquired through contract or other written agreement, to pass over a designated portion of division land.

(19) Real property means land under water, upland, and all other property commonly or legally defined as real property as set forth in Section 79-4-203.

(20)

(a) Real property asset means the land surface, air above, and ground below division land, including all appurtenances to division land, including buildings, structures, fixtures, fences and improvements erected on or attached to the same.

(b) Real property assets include any interests, benefits, and rights inherent in the ownership of real estate.

(21) Region means a geographical group of state parks as defined by the division.

(22) Region manager means a manager of a geographic group of state parks.

(23) Special use lease means a written authorization issued by the division, to a person to use a specific area of division land for a special use under terms and conditions the division specifies for a term of up to 30 years.

(24) State park means unique Utah areas or Utah real property set aside by the Legislature or the division for the preservation of scenic beauty, recreational utility, or historic, archaeological, or scientific interest, to the end that the health, happiness, recreational opportunities, and wholesome enjoyment of life may be preserved.

(25) Temporary land use permit means a permit issued by the division that allows the permit holder to engage in temporary, non-depleting uses of division property relating to construction or other real property improvement activities.

Notes

Utah Admin. Code R651-700-4

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