(1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.

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Terms Used In Utah Code 73-29-207

  • 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
  • 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) A fence or other obstruction shall:

     (2)(a) comply with an applicable federal, state, or local law; and
     (2)(b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.
(3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:

     (3)(a) the owner places a fence or obstruction across a public water in accordance with Subsection (1); and
     (3)(b) the water is open to public recreational access by permission or under Section 73-29-203.