Utah Code 65A-8a-104. Notification of intent to conduct forest practices
Current as of: 2024 | Check for updates
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(1) No later than 30 days before an operator commences forest practices, the operator shall notify the division of the operator’s intent to conduct forest practices.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 65A-8a-104
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Forest Water Quality Guidelines: means the field-applicable practice guidelines adopted by the division for use during forestry activities to protect water quality and contained within a nonpoint source management plan. See Utah Code 65A-8a-102
- 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.
- Landowner: means a person who holds an ownership interest in forested land. See Utah Code 65A-8a-102
- Operator: means a person who:(6)(a) is responsible for conducting forest practices; or(6)(b) through a contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale. See Utah Code 65A-8a-102
- 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
- Venue: The geographical location in which a case is tried.
(2) The notification shall include:(2)(a) the name and address of the operator;(2)(b) the name, address, and other current contact information of the landowner;(2)(c) a legal description of the area in which the forest practices are to be conducted;(2)(d) a description of the proposed forest practices to be conducted, including the number of acres with timber to be harvested; and(2)(e) an agreement granting the state forestry personnel permission to enter the area in which the forest practices are to be conducted to conduct an inspection, when the state forestry personnel reasonably consider an inspection necessary to ensure compliance with this chapter.(3) Upon the receipt of notification, the division shall, within 10 days, mail to the landowner and the operator:(3)(a) an acknowledgment of notification;(3)(b) information on Forest Water Quality Guidelines; and(3)(c) any other information the division believes would assist the landowner and operator in conducting forest practices.(4)(4)(a) Failure to notify the division in accordance with this section is a class B misdemeanor.(4)(b)(4)(b)(i) The division may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin an operator engaged in conduct violating this chapter from operating until the operator complies with this chapter.(4)(b)(ii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the division shall bring an action described in Subsection (4)(b)(i) in the county in which the forest practices are to be conducted is located if the division brings the action in the district court.(4)(c) In an action by the division in accordance with Subsection (4)(b), the operator shall pay reasonable attorney fees and all court costs incurred by the division because of the action.