Utah Code 79-2-406. Wetlands — In-lieu fee program study
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(1) As used in this section, “committee” means the Natural Resources, Agriculture, and Environment Interim Committee.
Terms Used In Utah Code 79-2-406
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102 - 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
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) The department shall publish, on the department’s website, the land use permits collected by the Utah Geological Survey pursuant to Subsection79-3-202 (1)(q).(3)(3)(a) The department shall study and make recommendations to the committee on the viability of an in-lieu fee program for wetland mitigation, including:(3)(a)(i) the viability of the state establishing and administering an in-lieu fee program; and(3)(a)(ii) the viability of the state partnering with a private organization to establish and administer an in-lieu fee program.(3)(b) As part of the study described in Subsection (3)(a), the department shall consult with public and private individuals and entities that may be necessary or helpful to the establishment or administration of an in-lieu fee program for wetland mitigation, which may include:(3)(b)(i) the Utah Department of Environmental Quality;(3)(b)(ii) the United States Army Corps of Engineers;(3)(b)(iii) the United States Fish and Wildlife Service;(3)(b)(iv) the United States Environmental Protection Agency; or(3)(b)(v) a non-profit entity that has experience with the establishment and administration of in-lieu fee programs.(3)(c) The department shall provide a report on the status of the department’s study during or before the committee’s November interim meeting in 2022.(3)(d) The department shall provide a final report of the department’s study and recommendations, including any recommended legislation, during or before the committee’s first interim meeting in 2023.