The division shall consider the following criteria in granting or denying an application:

(1) the physical condition of the heritage tree or trees with respect to:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 65A-8-304

  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-8-302
  • Heritage tree: means any tree or group of trees designated as such by the division, in accordance with the following criteria:
         (3)(a) any live tree or group of trees indigenous to the state, or which has adapted exceptionally well to the climatic conditions of the state, or is one of a kind;
         (3)(b) any tree or group of trees that has exceptional national, state, or local historic significance;
         (3)(c) any tree or group of trees which has an exceptional size or exceptional form for its species;
         (3)(d) any tree or group of trees which has an exceptional age for its species; or
         (3)(e) any tree or group of trees in the state which is the sole representative of its species. See Utah Code 65A-8-302
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
     (1)(a) insect infestation;
     (1)(b) disease;
     (1)(c) danger of falling;
     (1)(d) proximity to existing or proposed structures; and
     (1)(e) interference with utility services;
(2) the necessity of alteration or removal of the heritage tree or trees in order to construct proposed improvements and allow economic enjoyment of property;
(3) the topography of the land and the effect of removal of the heritage tree or trees on:

     (3)(a) erosion;
     (3)(b) soil retention; and
     (3)(c) the diversion or increased flow of surface waters resultant upon alteration or removal;
(4) the number of heritage trees existing in the neighborhood on improved property;
(5) the effect alteration or removal would have on established standards and property values in the area; and
(6) the number of heritage trees the particular parcel can support according to good forestry practices.