Section R651-700-12 - Easement, ROW, Temporary Land Use Permit or Special Use Lease - General Terms and Conditions(1) A ROW, easement, or special use lease may be granted for a maximum of 30 years.(2) The initial term of a special use lease may not exceed 15 years.(3) The division shall determine the length of a special use lease based on the nature of the intended use of the authorized area.(4) The division may, at its discretion and subject to the provisions of this rule, include in a special use lease a provision that allows for renewal for a term to be determined by the division.(5) The division may offer special use leases for the minimum amount of area the division determines is required for the requested use.(6) The division may grant a temporary land use permit, on terms acceptable to the division, for temporary, non-depleting uses of division property relating to construction or other real property improvement activities.(7) The lessee, grantee, or permittee may request the division close all or portions of the authorized area to public entry, or that the division restrict recreational use by the public, to protect persons or property from harm.(8) The division or its authorized representatives shall have the right to enter into and upon the authorized area at any time for the purposes of inspection or management, or to conduct noxious weed or pest abatement, or to conduct wildfire control and mitigation activities.(9) The lessee or grantee, or permittee shall dispose of all waste in a proper manner and may not permit debris, garbage, or other refuse to accumulate within the authorized area or to be discharged into any waterway. (10) A lessee or grantee, or permittee may not interfere with lawful public use of an authorized area, or obstruct free transit across division land, or intimidate or otherwise threaten or harm public users of division land.(11)(a) Upon the expiration or termination of a ROW, easement, lease, or special use lease, or temporary land use permit, the holder shall remove from the authorized area any or all improvements and personal property within the time specified in the easement, ROW, Lease, or special use lease.(b) Any improvements or personal property remaining on the area authorized by the easement, ROW, lease, special use lease, or temporary land use permit after the removal period has expired shall become the property of the division.(c) If the grantee, lessee, or permittee fails to remove any improvements or personal property with the specified time period, the division may remove them and charge the grantee, lessee or permittee for the reasonable costs of removal.(12) The holder of a special use lease or permit may not allow any other use to be made of the authorized area, or any use to occur on the authorized area, that is not specifically authorized: (a) by that special use lease or permit; or(b) in writing by the division if the use is not authorized by the special use lease or permit.Utah Admin. Code R651-700-12
Amended by Utah State Bulletin Number 2023-21, effective 10/24/2023