Utah Admin. Code R651-700-9 - Division Assessment of the Applications for ROWs, Easements, and Special Use Leases

(1) Upon receipt of an application for a ROW, easement or special use lease, the division shall determine;

(a) whether the application is complete;

(b) whether the subject area is available for the requested use; and

(c) the method the division will use to determine the amount of compensation payable to the division.

(2) The division shall advise the applicant of its determinations required under Subsection (1).

(3) The division may, at its sole discretion, elect to consider an application for a ROW or easement as an application for a special use lease if the division determines:.

(a) a special use lease would be more appropriate than a ROW or easement;

(b) the application meets the requirements of this rule; and

(c) the applicant verifies it is willing to enter into a special use lease instead of a ROW or easement.

(4) To the extent permitted by law, the division may circulate accepted applications to local, state, and federal government agencies and to other interested persons, including tribal governments, adjacent property owners, affected lessees, and other division permittees, and easement holders, for review and comment.

(5) Roads, pipes, conduits, and fiber optic, electrical, and other cables that cross over or under division land to serve a communications facility shall be subject to the provisions to easements as set forth in this rule.

Notes

Utah Admin. Code R651-700-9

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