Utah Code 65A-8-202.5. City and town responsibilities
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(1) A municipality shall abate the public nuisance caused by wildfire on forest, range, watershed, and wildland urban interface land within the boundaries of the municipality if the land is:
Terms Used In Utah Code 65A-8-202.5
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Initial attack: means action taken by the first resource to arrive at a wildland fire incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or aggressive suppression action. See Utah Code 65A-1-1
- 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
- Municipality: means a city or town. See Utah Code 65A-1-1
- 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
- Wildland: means an area where:
(9)(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and(9)(b) structures, if any, are widely scattered. See Utah Code 65A-1-1- Wildland fire: means a fire that consumes:
(10)(a) wildland; or(10)(b) wildland-urban interface, as defined in Section65A-8a-102 . See Utah Code 65A-1-1(1)(a) privately owned; or(1)(b) owned by the municipality.(2) A municipality may participate in the wildland fire protection system of the division and become eligible for assistance from the state by agreement under the provisions of this chapter.(3) A municipality shall:(3)(a) reduce the risk of wildfire to incorporated, privately owned and municipality owned forest, range, watershed, and wildland urban interface land, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and(3)(b) ensure effective wildfire initial attack on forest, range, watershed, and wildland urban interface land within the municipality’s fire protection boundary.(4) A municipality may assign the responsibilities described in Subsections (1) and (3) to a fire service provider or an eligible entity, as defined in Section 65A-8-203, through contract, delegation, interlocal agreement, or another method.(5) The state forester shall make certain that appropriate action is taken to control wildland fires on incorporated, nonfederal forest, range, watershed, and wildland urban interface lands.(6) Nothing in this section excuses a private landowner from complying with an applicable county ordinance.