Utah Admin. Code R654-1-8 - Delegation of Authority to Issue a Permit to Excavate

(a) An agency that owns land within the state may request the delegation of the authority to issue permits to excavate for the lands it owns.

(b) The agency shall request the delegation in writing and signed by the agency's authorized representative.

(c) The request in Subsection R654-1-8(b) shall contain the proposed terms and conditions, including the information required by Subsection 9-8-305(3)(c)(ii) and agreement with the following conditions:

(i) each person approved for a permit to excavate by the agency shall hold a valid permit to survey from the Public Lands Policy Coordinating Office at all times before and including the expiration date of the permit, including any extensions;

(ii) the agency shall consult with the Utah State Historic Preservation Office regarding the research design of the proposed project before issuing the permit;

(iii) permits issued by the agency pursuant to delegation shall contain the provisions required by Subsection R654-1-10(a), and, for purposes of compliance and enforcement of Subsection R654-1-10(a), a permit issued by the agency shall be considered a permit issued by the Public Lands Policy Coordinating Office;

(iv) the agency shall refer issues about performance of work by the permit holder to the Public Lands Policy Coordinating Office through the process described in Section R654-1-11, and shall agree to amend, suspend, or revoke a permit according to the final results of that process, and to reinstate a permit only with the concurrence of the Public Lands Policy Coordinating Office after compliance with Section R654-1-12;

(v) the agency and the Public Lands Policy Coordinating Office shall review the operations of the delegation agreement at least annually; and

(vi) the Public Lands Policy Coordinating Office may revoke the delegation at any time without cause, as provided by Subsection 9-8-305(3)(d).

(d) The agency and the Public Lands Policy Coordinating Office shall formalize the terms of the delegation through a Memorandum of Understanding.

Notes

Utah Admin. Code R654-1-8

Adopted by Utah State Bulletin Number 2023-18, effective 9/5/2023