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Utah Code Title 79. Natural Resources § 79-2-505. Department duties

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) In administering the program created in Section 79-2-504, the department shall:

(a) create a system through which:

(i) a person may:

(A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and

(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;

(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;

(iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and

(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;

(b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);

(c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and

(d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.

(2) The state's total cost described under Subsection (1)(a)(iii) may include costs associated with the department's administration of the program.

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Cite this article: FindLaw.com - Utah Code Title 79. Natural Resources § 79-2-505. Department duties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-79-natural-resources/ut-code-sect-79-2-505/

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