Utah Code 23A-1-206. New development
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 23A-1-206
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- 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
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- 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
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
(1)(a) “Mitigate” means an activity intended to lessen known negative impacts caused by wildlife, including relocating or distracting wildlife.
(1)(b) “New development” means the conversion in use of previously undeveloped land into a developed state that occurs on or after May 1, 2024.
(1)(c) “Wildlife damage or nuisance claim” means:
(1)(c)(i) a depredation claim;
(1)(c)(ii) a wildlife damage claim; or
(1)(c)(iii) a nuisance complaint involving wildlife.
(2) On and after May 1, 2024, new development in the state is considered infringing on existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related to the new development may not qualify for a wildlife damage or nuisance claim against the state or a political subdivision.
(3) Notwithstanding Subsection (2), the division may mitigate wildlife damage or nuisances impacting a new development.