Utah Code 79-2-505. Department duties
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(1) In administering the program created in Section 79-2-504, the department shall:
Terms Used In Utah Code 79-2-505
- 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
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102 - 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
- Permanently disturb: means an action that disrupts the common activities of sage grouse for a period of more than five years and includes all areas where the effects of the action could be expected to disrupt the common activities of sage grouse for a period of more than five years. See Utah Code 79-2-502
- 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) create a system through which:(1)(a)(i) a person may:(1)(a)(i)(A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and(1)(a)(i)(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;(1)(a)(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;(1)(a)(iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state’s total cost of enhancing and dedicating the land; and(1)(a)(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;(1)(b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);(1)(c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and(1)(d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.(2) The state’s total cost described under Subsection (1)(a)(iii) may include costs associated with the department’s administration of the program.