Utah Code 73-29-102. Definitions
Current as of: 2024 | Check for updates
|
Other versions
As used in this chapter:
(1) “Division” means the Division of Wildlife Resources.
Terms Used In Utah Code 73-29-102
- Division: means the Division of Wildlife Resources. See Utah Code 73-29-102
- Highway: includes :(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5
- 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- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public access area: means the limited part of privately owned property that:
(6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and(6)(b) is open to public recreational access under Section 73-29-203; and(6)(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102- Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
- Public water: means water:
(8)(a)(i) described in Section 73-1-1; and(8)(a)(ii) flowing or collecting on the surface:(8)(a)(ii)(A) within a natural or realigned channel; or(8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102- Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
(9)(a)(i) floating;(9)(a)(ii) fishing; or(9)(a)(iii) waterfowl hunting conducted:(9)(a)(iii)(A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-10-508; and(9)(a)(iii)(B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102- 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
(2) “Floating access” means the right to access public water flowing over private property for floating and fishing while floating upon the water.(3) “Impounded wetlands” means a wetland or wetland pond that is formed or the level of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of water, including connecting channels.(4) “Navigable water” means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation.(5) “Private property to which access is restricted” means privately owned real property:(5)(a) that is cultivated land, as defined in Section 23A-5-317;(5)(b) that is:(5)(b)(i) properly posted, as defined in Section 23A-5-317;(5)(b)(ii) posted as described in Subsection 76-6-206(2)(b)(iii); or(5)(b)(iii) posted as described in Subsection 76-6-206.3(2)(c);(5)(c) that is fenced or enclosed as described in:(5)(c)(i) Subsection 76-6-206(2)(b)(ii); or(5)(c)(ii) Subsection 76-6-206.3(2)(b); or(5)(d) that the owner or a person authorized to act on the owner’s behalf has requested a person to leave as provided by:(5)(d)(i) Section 23A-5-317;(5)(d)(ii) Subsection 76-6-206(2)(b)(i); or(5)(d)(iii) Subsection 76-6-206.3(2)(a).(6) “Public access area” means the limited part of privately owned property that:(6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and(6)(b) is open to public recreational access under Section 73-29-203; and(6)(c) can be accessed from an adjoining public assess area or public right-of-way.(7) “Public recreational access” means the right to engage in recreational access established in accordance with Section 73-29-203.(8)(8)(a) “Public water” means water:(8)(a)(i) described in Section 73-1-1; and(8)(a)(ii) flowing or collecting on the surface:(8)(a)(ii)(A) within a natural or realigned channel; or(8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel.(8)(b) “Public water” does not include water flowing or collecting:(8)(b)(i) on impounded wetland;(8)(b)(ii) on a migratory bird production area, as defined in Section 23A-13-101;(8)(b)(iii) on private property in a manmade:(8)(b)(iii)(A) irrigation canal;(8)(b)(iii)(B) irrigation ditch; or(8)(b)(iii)(C) impoundment or reservoir constructed outside of a natural or realigned channel; or(8)(b)(iv) on a jurisdictional wetland described in 33 C.F.R. § 328.3.(9)(9)(a) “Recreational access” means to use a public water and to touch a public access area incidental to the use of the public water for:(9)(a)(i) floating;(9)(a)(ii) fishing; or(9)(a)(iii) waterfowl hunting conducted:(9)(a)(iii)(A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-10-508; and(9)(a)(iii)(B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling.(9)(b) “Recreational access” does not include:(9)(b)(i) hunting, except as provided in Subsection (9)(a)(iii);(9)(b)(ii) wading without engaging in activity described in Subsection (9)(a); or(9)(b)(iii) any other activity. - Land: includes :