Utah Admin. Code R657-28-6 - Salable Products

(1) Wood product permits, as defined in Section R657-28-2, may be issued by the division to applicants who wish to utilize division lands for the removal of trees and wood, when such actions will be beneficial to wildlife and the management of division lands.

(a) A wood product permit may specify:

(i) A designated area for collection;

(ii) The allowed period for collection;

(iii) The species of trees that may be collected; and

(iv) Permittees must accompany wood products from the cutting site.

(b) The division may set a maximum number of permits, per person or total permits, to harvest wood products on division lands.

(c) Wood product permits are non-transferable and non-refundable.

(d) The division may require compensation for wood product permits issued on division lands.

(i) The fee for firewood, Christmas tree, ornamental, and post permits is as defined in the fee schedule set forth by the Utah Legislature.

(ii) Compensation received by the division may be monetary, in-kind, or both.

(e) The division may terminate a wood product permit for non-compliance or for failure to abide by any terms and conditions in a signed wood product permit.

(2) Firewood, as defined in Section R657-28-2, may be collected on division lands.

(a) A person may purchase one permit per year to collect firewood on division lands.

(b) A firewood permit allows a person to collect up to two cords of wood under the following conditions:

(i) Firewood collection is limited to felled trees after tree removal projects or standing dead trees, unless otherwise designated.

(ii) A living or dead tree containing a nesting cavity may not be felled or collected.

(3) Christmas trees, as defined in Section R657-28-2, may be collected on division lands.

(a) A person may purchase one permit per year to cut a Christmas tree on division lands.

(b) A tag will be issued with each Christmas tree permit.

(c) The division may designate which division lands are open to Christmas tree harvesting.

(d) Only pinyon pine, Rocky Mountain juniper, or Utah juniper, or other species designated by the division on a specific property may be cut and removed.

(e) The tag must be visibly attached to the tree before it is transported from the cutting site.

(f) The Christmas tree permit fee may be waived for any person who possesses a current Utah hunting or fishing license.

(g) Division lands are not accessible for Christmas tree permit collection when division lands are closed. Closures may vary by property.

(4) Ornamentals, as defined in Section R657-28-2, may be collected on division lands.

(a) A person may purchase one permit per year to remove ornamentals on division lands.

(b) A person may harvest up to six ornamentals per permit.

(5) Posts, as defined in Section R657-28-2, may be collected on division lands.

(a) A person may purchase one permit per year to cut posts on division lands.

(b) A person may harvest up to 25 posts per permit.

(6) Wood product contracts may be issued by the division for removing quantities of wood products over those specified in this rule.

(a) Wood product contracts may be issued under a first-come, first-served basis or a competitive bid process if multiple entities express interest in a particular wood resource.

(i) The division shall notify all parties by mail or email who have provided contact information and who have previously indicated their desire to be contacted regarding wood collection opportunities on division lands.

(ii) Negotiated compensation shall reflect a fair market value of the opportunity provided.

(b) Compensation received by the division may be monetary, in-kind, or both.

(c) The division must receive a copy of the applicant's Commercial General Liability insurance, which will be no less than one million dollars per person per occurrence and three million dollars aggregate, and must list Utah Division of Wildlife Resources as a co-insured party.

(7) The division may issue seed harvesting permits, as defined in Section R657-28-2, that grant a permittee exclusive rights to harvest all seeds for a specified species for a single growing season on the division property specified in the permit.

(a) Seed harvesting permits may be issued under a first-come, first-served basis or a competitive bid process.

(b) The division may solicit competitive bids for seed harvesting permits for locations the division determines may provide opportunities for seed harvesting if such determination is made at least three weeks in advance of the anticipated onset of harvest.

(c) The division shall notify all parties by mail or email who have provided contact information and who have previously indicated their desire to be contacted regarding seed harvesting opportunities on division lands.

(d) The bid award and seed harvesting permit shall be issued at least two weeks in advance of the anticipated onset of harvest.

(e) Negotiated compensation shall reflect a fair market value of the opportunity provided.

(i) To determine a fair market value of the seed harvesting opportunity, the division may rely upon, but not be limited to, one or more of the following:

(A) results of competitive bids for seed harvesting permits on other division lands;

(B) market information obtained from other landowners, the division's own seed requisitions, or other state agencies;

(C) market information provided by seed wholesalers or retailers;

(ii) Compensation received by the division may be either a percentage of the final cleaned seeds harvested or other in-kind compensation, monetary compensation, or a combination thereof.

(f) The division must receive a copy of the applicant's Commercial General Liability insurance, which will be no less than one million dollars per person per occurrence and three million dollars aggregate, and must list Utah Division of Wildlife Resources as a co-insured party.

(g) All seed delivered to the division must be tagged in accordance with Utah State Seed Laws Title 4, Chapter 16, Utah Seed Act and Utah Administrative Code R68-8. All seed shall comply with Utah State Noxious Weed Seeds and Weed Seed Restrictions. All seed shall also comply with the Federal Seed Act, 7 U.S.C. Section 1551-1610 and shall also meet minimum germination and purity standards determined by the division.

(h) If the permittee breaches the provisions of the permit, the permit may be terminated and the permittee disqualified from bidding on future seed harvesting permits. The division shall notify the permittee in writing of any breach of the terms of the permit.

(i) Allowed methods of harvest may be specified in the permit.

(8) The division may sell, lease, or otherwise permit the excavation or extraction of any sand, gravel, cinders, ornamental rock, as defined in Section R657-28-2, or other common mineral resource on division lands by any private or public entity when the division determines that such sale, lease, excavation or extraction is consistent with the purposes for which the land was acquired and provides a net-benefit to wildlife.

(a) The division shall receive fair market value for all sand, gravel, cinders, ornamental rock, or other common mineral resources removed from division property.

(b) Reclamation practice shall adhere to Section R647-3-109 unless otherwise specified by the division.

(c) Bonding in an amount equal to two-times the estimated cost of reclamation, as determined by the division, shall be required before authorizing the sale, lease, excavation or extraction of any sand, gravel, cinders, ornamental rock, or other common mineral resource on division lands.

(d) Nothing in this rule shall be construed as superseding the division's legal obligations to obtain approval from any party possessing a legal interest in the property before authorizing the extraction or excavation of sand, gravel, cinders, ornamental rock, or other common mineral resource on division property.

Notes

Utah Admin. Code R657-28-6

Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022