Utah Code 79-2-504. Program creation — Administration
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(1) There is created the Sage Grouse Compensatory Mitigation Program to mitigate the impacts of development or disturbance of sage grouse habitat by:
Terms Used In Utah Code 79-2-504
- Compensatory mitigation: means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks. See Utah Code 79-2-502
- Conservation plan: means the current version of the "Conservation Plan for Greater Sage-grouse in Utah" developed by the state and approved by the governor. See Utah Code 79-2-502
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102 - Person: means :(4)(a) an individual;(4)(b) a corporation;(4)(c) a limited liability company;(4)(d) a partnership;(4)(e) an association;(4)(f) a trust; or(4)(g) a voluntary organization. See Utah Code 79-2-502
- Program: means the Sage Grouse Compensatory Mitigation Program created under Section 79-2-504. See Utah Code 79-2-502
- Sage grouse: means the greater sage-grouse, or the species centrocercus urophasianus. See Utah Code 79-2-502
- 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
(1)(a) creating and preserving habitat for the long-term conservation of sage grouse in the state in a manner that minimizes impacts to economic growth;(1)(b) establishing a mechanism by which conservation banks may operate in Utah to achieve compensatory mitigation; and(1)(c) establishing a mechanism by which a person or a governmental entity may voluntarily complete compensatory mitigation.
(2)
(2)(a) The department shall administer the program and may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program in accordance with the provisions of this part.
(2)(b) A rule made under Subsection (2)(a) shall be consistent with:
(2)(b)(i) the requirements of Section 79-2-505;
(2)(b)(ii) the goals and objectives described in the conservation plan, including avoiding and minimizing habitat disturbances and mitigation impacts to sage grouse habitat; and
(2)(b)(iii) to the greatest extent possible, any local programs for the conservation of sage grouse habitat.
(2)(c) Before making any rules under this chapter, the department shall:
(2)(c)(i) create a plan by which the requirements of this chapter will be met; and
(2)(c)(ii) before November 1, 2016, present the plan to the Natural Resources, Agriculture, and Environment Interim Committee.