Utah Code 23A-13-201. Creation of a migratory bird production area
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Terms Used In Utah Code 23A-13-201
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- Migratory bird: means the same as that term is defined in Utah Code 23A-13-101
- Migratory bird production area: means an area of land that is:
(2)(a) created under this chapter; and(2)(b) used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B). See Utah Code 23A-13-101- 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
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5(1)(a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres of land in an unincorporated area may dedicate the land as a migratory bird production area by filing a notice of dedication with the county recorder of the county in which the land is located.(1)(b) The notice of dedication shall contain:(1)(b)(i) the legal description of the land included within the migratory bird production area;(1)(b)(ii) the name of the owner or owners of the land included within the migratory bird production area; and(1)(b)(iii) an affidavit signed by each landowner that all of the land, except as provided by Subsection (2), within the migratory bird production area is:(1)(b)(iii)(A) actively managed for migratory bird:(1)(b)(iii)(A)(I) production;(1)(b)(iii)(A)(II) habitat; or(1)(b)(iii)(A)(III) hunting; and(1)(b)(iii)(B) used for a purpose compatible with the purposes described in Subsection (1)(b)(iii)(A).(1)(c) A person who files a notice of dedication under this section shall give a copy of the notice of dedication within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.(2)(2)(a) The notice of dedication may designate land, the amount of which is less than 1% of the total acreage within a migratory bird production area, upon which the landowner may build a structure described in Subsection23A-13-302 (1)(c).(2)(b)(2)(b)(i) An owner may build or maintain a road, dike, or water control structure within the migratory bird production area.(2)(b)(ii) A road, dike, or water control structure is not considered a structure for purposes of Subsection (2)(a).(3)(3)(a) Within 30 days of the day on which the county legislative body receives a copy of the notice of dedication under Subsection (1)(c), the county legislative body may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to cancel or revise a migratory bird production area on the basis that an affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.(3)(b) In bringing the action, the county legislative body shall specify the portion of the migratory bird production area and the affidavit subject to the action.(3)(c) In an action brought under this Subsection (3), the person who files an affidavit described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that the affidavit is accurate.(3)(d) If the court cancels or revises a migratory bird production area, the person who filed the original notice of dedication shall file a revision notice with the county recorder reflecting the court’s order.(4) In accordance with Section23A-13-202 , a person may at any time add land to a migratory bird production area created under this section.