Utah Code 73-29-207. Fences across public water
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(1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.
Terms Used In Utah Code 73-29-207
- Public access area: means the limited part of privately owned property that:(6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and(6)(b) is open to public recreational access under Section 73-29-203; and(6)(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102
- Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
- Public water: means water:
(8)(a)(i) described in Section 73-1-1; and(8)(a)(ii) flowing or collecting on the surface:(8)(a)(ii)(A) within a natural or realigned channel; or(8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A fence or other obstruction shall:(2)(a) comply with an applicable federal, state, or local law; and(2)(b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.(3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:(3)(a) the owner places a fence or obstruction across a public water in accordance with Subsection(1) ; and(3)(b) the water is open to public recreational access by permission or under Section73-29-203 .