Utah Code 23A-6-404. Unlawful uses and activities on division lands
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(1) Except as authorized by statute, rule, contractual agreement, special use permit, certificate of registration, or public notice, a person may not on division land:
Terms Used In Utah Code 23A-6-404
- Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Management plan: means a document prepared in accordance with this chapter that describes how one or more tracts of land owned or managed by the division are to be used. See Utah Code 23A-6-101
- Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
- 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- Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
- Statute: A law passed by a legislature.
(1)(a) remove, extract, use, consume, or destroy an improvement or cultural or historic resource;(1)(b) remove, extract, use, consume, or destroy sand, gravel, cinder, ornamental rock, or other common mineral resource, or vegetation resource, except a person may collect for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on the surface of the ground;(1)(c) allow livestock to graze;(1)(d) remove a plant or portion of a plant for commercial gain purposes;(1)(e) enter, use, or occupy division land that is posted against entry, use, or occupancy;(1)(f) enter, use, or occupy division land as part of a group of more than 25 people, except a group may include up to 50 persons if the group consists of extended family members;(1)(g) enter, use, or occupy division land while engaged in or part of an organized event;(1)(h) use, occupy, destroy, move, or construct a structure, including a fence, water control device, road, survey and section marker, or sign;(1)(i) prohibit, prevent, or obstruct public entry on division lands when public entry is authorized by the division;(1)(j) attempt to manage or control division lands in a manner inconsistent with division management plans, rules, or policies;(1)(k) solicit, promote, negotiate, barter, sell, or trade a product or service on, or obtained from, division lands for commercial gain;(1)(l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the area is posted for a different duration;(1)(m) light a fire without taking adequate precaution to prevent spreading of the fire or leave a fire unattended;(1)(n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;(1)(o) use a motorized vehicle of any kind except as authorized by declaration, management plan, or posting; or(1)(p) use division lands for a purpose that violates applicable land use restrictions imposed by statute, rule, or by the division.(2) A person who unlawfully uses division lands is liable for damages in the amount of:(2)(a) the value of the resource removed, destroyed, or extracted;(2)(b) the amount of damage caused; and(2)(c) whichever is greater of:(2)(c)(i) the value of losses or expenses caused as a result of interference with authorized activities; or(2)(c)(ii) the consideration which would have been charged by the division for use of the land during the period of trespass.(3) This section does not apply to division employees or division volunteers while acting in the lawful performance of the employees’ or volunteers’ duties.(4) Except as otherwise provided by statute, the criminal penalty for a violation of this section is prescribed in Section 23A-5-301.