Utah Code 4-46-201. Land Conservation Board
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(1) There is created a Land Conservation Board consisting of:
Terms Used In Utah Code 4-46-201
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the Land Conservation Board established in Section 4-46-201. See Utah Code 4-46-102
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Conservation district: means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. See Utah Code 4-46-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Director: means the director of the Division of Conservation. See Utah Code 4-46-102
- Division: means the Division of Conservation created in Section 4-46-401. See Utah Code 4-46-102
- 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
- Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
(1)(a) the director of the Division of Conservation or the director’s designee;(1)(b) the commissioner of the Department of Agriculture and Food or the commissioner’s designee;(1)(c) the executive director of the Governor’s Office of Planning and Budget, or the executive director’s designee;(1)(d) four elected officials at the local government level, two of whom may not be residents of a county of the first or second class; and(1)(e) seven persons from the profit and nonprofit private sector:(1)(e)(i) two of whom may not be residents of a county of the first or second class;(1)(e)(ii) one of whom shall be from the residential construction industry, nominated by an association representing Utah home builders;(1)(e)(iii) one of whom shall be from the real estate industry, nominated by an association representing Utah realtors;(1)(e)(iv) one representative of an association representing farmers, selected from a list of nominees submitted by at least one association representing farmers;(1)(e)(v) one representative of an association representing cattlemen, selected from a list of nominees submitted by at least one association representing cattlemen;(1)(e)(vi) one representative of an association representing wool growers, selected from a list of nominees submitted by at least one association representing wool growers;(1)(e)(vii) one representative of land trusts; and(1)(e)(viii) one representative of an association representing conservation districts created under Title 17D, Chapter 3, Conservation District Act, selected from a list of nominees submitted by at least one association representing conservation districts.
(2)
(2)(a) The governor shall appoint a board member under Subsection (1)(d) or (e) with the advice and consent of the Senate.
(2)(b) The governor shall select:
(2)(b)(i) two of the four members under Subsection (1)(d) from a list of names provided by the Utah League of Cities and Towns; and
(2)(b)(ii) two of the four members under Subsection (1)(d) from a list of names provided by the Utah Association of Counties.
(3)
(3)(a) The term of office of a member appointed under Subsection (1)(d) or (e) is four years.
(3)(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(3)(c) A member of the board appointed under Subsection (1)(d) or (e) may not serve more than two consecutive four-year terms.
(4) A mid-term vacancy shall be filled for the unexpired term in the same manner as an appointment under Subsection (2).
(5)
(5)(a) Subject to Subsection (5)(b), board members shall elect a chair from their number and establish rules for the organization and operation of the board.
(5)(b) The board member who is chair may not vote during the board member’s tenure as chair, except the chair may vote if there is a tie vote of board members.
(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(6)(a) Section 63A-3-106;
(6)(b) Section 63A-3-107; and
(7) A member is not required to give bond for the performance of official duties.
(8) Staff services to the board shall be provided by the Division of Conservation.