Current through 11/5/2024 election
Section 33-33-108 - Designation of a natural area(1) A natural area that has been found by the commission, pursuant to its criteria, to be desirable for inclusion within the system and which inclusion has been approved by the owner of the land, becomes a designated natural area when articles of designation have been filed with the commission by the owner of the land or by a governmental agency having ownership or control of the land and such articles have been accepted by the commission with the advice and recommendation of the council.(2) Articles of designation filed with the commission under subsection (1) of this section shall:(a) Constitute a management agreement for the designated natural area;(b) Contain a purpose clause defining the attributes which are the basis for the area's designation;(c) Define the respective rights and duties of the owner and the commission;(d) Contain provisions relating to management, development, use, public access, sale, or transfer of the area;(e) Provide procedures to be applied in case of any violation of such articles;(f) Contain such other provisions as may be necessary or advisable to carry out the purposes of this article, which shall include the recognition of reversionary rights if less than fee simple title has been acquired; and(g) Contain the legal description of the designated property.(3) The commission may, with the approval or upon the request of the owner of an interest therein and with the approval of the council, amend the articles of a designated natural area.(4) A notice of the designation shall be certified by the commission to the county clerk and recorder in the county or counties in which the designated natural area is located for filing in the same manner as any document affecting real property.L. 88: Entire article added, p. 1178, § 1, effective March 23. L. 2012: (1), IP(2), (2)(c), (3), and (4) amended, (HB 12-1317), ch. 248, p. 1233, § 84, effective June 4.