Section R651-700-8 - Right-Of-Way (ROW), Easements, Leases, and Special Use Leases(1) The division may enter into real property transactions involving rights-of-way, easements, leases, and special uses leases.(2) Only the division director or deputy director, if designated by the division director, may sign documents granting a ROW, easement, lease, or special use lease.(3) To apply for a ROW, easement, special use lease a person shall:(a) complete and submit to the Lands and Environmental Coordinator an application on a form provided by the division;(b) pay an application fee;(c) if the ROW, easement, or special use lease is for construction on or occupancy of an authorized area, submit the application and application fee at least 120 days before the proposed construction or occupancy date, unless otherwise specified by rule;(d) at the request of the division, provide a map, aerial photograph, or metes and bounds survey showing property or boundary lines of the ROW, easement, or special use lease area;(e) if the purpose of the ROW, easement, or special use lease is to facilitate development of a real property estate adjacent to the ROW easement, or special use lease area, provide evidence of an ownership or leasehold interest in the adjacent estate; and(f) include with the application a cover letter detailing the proposed land use purpose and scope, including any maps that will assist in orienting division staff to the land use's plan and footprint.(4) If requested by the division, a person apply for a ROW, easement, or special use lease shall provide the division with a written report that includes additional information that may assist the Lands and Environmental Coordinator or the division staff in evaluating the proposed land use, including:(a) land use alternatives, including alternatives not affecting the division;(b) land use alternatives not affecting division land that the applicant considered but rejected, including specific reasons the alternatives were rejected;(c) a description of the proposed activity, structures, or infrastructure, including site location, construction footprint, and above and below ground construction, and how the proposed land use will affect existing or planned infrastructure; and(d) identification of adverse impacts to public recreation and scenic values associated with the proposed use and how those adverse impacts will be avoided, minimized, or mitigated.(5) Within 60 days of receiving an application, application fee, and the information required in Subsection (4) and, if requested, Subsection (5), the Lands and Environmental Coordinator may either deny the application or grant a conditional approval.(6) If the application is denied, the Lands and Environmental Coordinator shall provide a written notice to the applicant.(7) If the Lands and Environmental Coordinator grants conditional approval, the division may require the applicant to provide the information described in Subsections (7)(a) through (i) before granting final approval: (a) a certified copy of a survey of the authorized area prepared by a licensed surveyor;(b) a centerline survey describing the proposed easement, ROW, or special use lease and its width if the authorized area is for use as a pipeline, road, power line, or similar use;(c) an electronic file that depicts the easement, ROW, or special use lease area and that requires no editing for accurate downloading into geographic systems information software used by the division;(d) evidence that the applicant has provided the State Historic Preservation Office a reasonable opportunity to review and comment on the proposed land use as required by Section 9-8a-404;(e) an impact assessment that analyzes the potential direct, indirect, and cumulative effects the proposed land use may have on public recreation opportunities, scenic values, wildlife, and wildlife habitat;(f) a survey of threatened, endangered and candidate plant and animal species, sensitive species, and species of special concern, conducted on and adjacent to the proposed authorized area;(g) proof that the applicant has secured all permits and authorizations for the proposed land use that are required by state, federal, and local laws;(h) proof that the applicant has complied with the National Environmental Policy Act, where applicable, including preparation of all environmental assessments, environmental impact statements, or other reports required by the administering federal agency; or(i) a survey of the land use to determine wetland impact.(8) The applicant shall obtain all required federal Clean Water Act Section 404 permits.(9) If wetlands are within the authorized area, the applicant shall provide sufficient mitigation to offset any damage to the wetland area.Utah Admin. Code R651-700-8
Amended by Utah State Bulletin Number 2023-21, effective 10/24/2023