02-13 18:10 3rd Sub. (Cherry) H.B. 103
Troy Shelley proposes the following substitute bill:
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State Land Access Road Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Troy Shelley
Senate Sponsor: Keven J. Stratton
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LONG TITLE
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General Description:
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This bill requires certain state entities to identify and record notice of roads that traverse
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certain lands owned by the state.
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Highlighted Provisions:
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This bill:
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▸ requires the Public Lands Policy Coordinating Office (PLPCO) and the School and
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Institutional Trust Lands Administration (SITLA) to identify certain roads located on
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school and institutional trust lands and state lands, with initial focus within certain
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counties;
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▸ requires PLPCO and SITLA to record with the relevant county recorder's office notice of
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the roads relevant to state lands and school and institutional trust lands;
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▸ exempts class A, class B, and class C roads from the notice requirements;
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▸ provides requirements for the Division of Wildlife Resources to identify roads within
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wildlife management areas;
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▸ provides that the Division of Wildlife Resources may not permanently close a road
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without consent of the legislative body of the county in which the road is located; and
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▸ codifies a provision to ensure that title to a class D road abandoned by a county remains
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with the state, and provides a process for abandonment of a class D road or R.S. 2477
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right-of-way.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
3rd Sub. H.B. 103 3rd Sub. (Cherry) H.B. 103 02-13 18:10
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23A-6-303, as renumbered and amended by Laws of Utah 2023, Chapter 103
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63L-11-202, as last amended by Laws of Utah 2024, Chapter 36
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72-3-105, as last amended by Laws of Utah 2000, Chapter 324
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72-5-305, as renumbered and amended by Laws of Utah 1998, Chapter 270
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ENACTS:
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53C-2-106, Utah Code Annotated 1953
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63L-11-205, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 23A-6-303 is amended to read:
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23A-6-303 . Review and adoption of management plans.
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(1) The division shall submit a draft management plan to the Resource Development
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Coordinating Committee created in Section 63L-11-401 and the Habitat Council created
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by the division for their review and recommendations.
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(2) The division shall submit a draft management plan and any recommendations received
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from the Resource Development Coordinating Committee and the Habitat Council to:
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(a) the regional advisory council for the wildlife region in which the lands covered by
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the management plan are located; and
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(b) the regional advisory council for a wildlife region that may be affected by the
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management plan.
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(3) A regional advisory council reviewing a draft management plan may make
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recommendations to the director.
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(4) The director may adopt the management plan, adopt the management plan with
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amendments, or reject the management plan.
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(5)(a) At the request of the director or a member of the Wildlife Board, the Wildlife
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Board may review a management plan to determine whether the plan is consistent
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with Wildlife Board policies.
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(b) The director may amend a management plan in accordance with recommendations
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made by the Wildlife Board.
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(6) Neither the division nor the director may permanently close a road within a wildlife
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management area as part of a management plan without consent of the county legislative
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body within which the wildlife management area is located.
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Section 2. Section 53C-2-106 is enacted to read:
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53C-2-106 . Identification and recording of public roads located on trust lands.
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(1) The director shall:
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(a) subject to Subsection (2), using the State Geographic Information Database created
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in Section 63A-16-506, and other available information, identify temporary public
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easements or rights of entry granted pursuant to Section 72-5-203 for roads located
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on trust lands within each county; and
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(b) subject to Section 72-5-203, record with the county recorder of the county in which
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the temporary public easement or right of entry is located a grant or permanent
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easement as described in Subsection (4) that gives notice of the existence of the
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public road.
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(2)(a) Subject to Subsection (2)(b), the director may complete the requirements of
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Subsection (1) over time and as resources allow.
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(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
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County, Uintah County, and Wayne County, the director shall complete the
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requirements described in Subsection (1) on or before January 5, 2026.
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(3) The director is not required to identify or record notice of any class A, class B, or class
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C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
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(4) The grant of easement required in Subsection (1)(b) shall include:
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(a) a requirement that the roads remain open for public use; and
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(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads
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sufficient for reasonable identification of the road.
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(5)(a) If a parcel of trust lands is subject to a sale or an exchange as provided in this title,
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the director shall ensure that the requirements of Subsection (1) are completed before
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the sale or exchange is finalized.
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(b) The sale or exchange of trust lands is subject to the grant of permanent easement
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existing at the time of the sale or exchange.
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Section 3. Section 63L-11-202 is amended to read:
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63L-11-202 . Powers and duties of the office and executive director.
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(1) The office shall:
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(a) make a report to the Constitutional Defense Council created under Section
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63C-4a-202 concerning R.S. 2477 rights and other public lands issues under Title
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63C, Chapter 4a, Constitutional and Federalism Defense Act;
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(b) provide staff assistance to the Constitutional Defense Council created under Section
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63C-4a-202 for meetings of the council;
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(c)(i) prepare and submit a constitutional defense plan under Section 63C-4a-403; and
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(ii) execute any action assigned in a constitutional defense plan;
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(d) develop public lands policies by:
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(i) developing cooperative contracts and agreements between the state, political
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subdivisions, and agencies of the federal government for involvement in the
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development of public lands policies;
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(ii) producing research, documents, maps, studies, analysis, or other information that
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supports the state's participation in the development of public lands policy;
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(iii) preparing comments to ensure that the positions of the state and political
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subdivisions are considered in the development of public lands policy; and
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(iv) partnering with state agencies and political subdivisions in an effort to:
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(A) prepare coordinated public lands policies;
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(B) develop consistency reviews and responses to public lands policies;
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(C) develop management plans that relate to public lands policies; and
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(D) develop and maintain a statewide land use plan that is based on cooperation
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and in conjunction with political subdivisions;
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(e) facilitate and coordinate the exchange of information, comments, and
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recommendations on public lands policies between and among:
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(i) state agencies;
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(ii) political subdivisions;
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(iii) the [Office] Center of Rural Development created under Section 63N-4-102;
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(iv) the coordinating committee;
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(v) School and Institutional Trust Lands Administration created under Section
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53C-1-201;
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(vi) the committee created under Section 63A-16-507 to award grants to counties to
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inventory and map R.S. 2477 rights-of-way, associated structures, and other
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features; and
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(vii) the Constitutional Defense Council created under Section 63C-4a-202;
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(f) perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9,
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Chapter 8a, Part 4, Historic Sites;
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(g) consistent with other statutory duties, encourage agencies to responsibly preserve
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archaeological resources;
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(h) maintain information concerning grants made under Subsection (1)(j), if available;
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(i) report annually, or more often if necessary or requested, concerning the office's
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activities and expenditures to:
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(i) the Constitutional Defense Council; and
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(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
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Committee jointly with the Constitutional Defense Council;
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(j) make grants of up to 16% of the office's total annual appropriations from the
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Constitutional Defense Restricted Account to a county or statewide association of
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counties to be used by the county or association of counties for public lands matters if
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the executive director, with the advice of the Constitutional Defense Council,
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determines that the action provides a state benefit;
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(k) conduct the public lands transfer study and economic analysis required by Section
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63L-11-304; [and]
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(l) fulfill the duties described in Section 63L-10-103[.] ; and
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(m) perform the duties described in Section 63L-11-205.
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(2) The executive director shall comply with Subsection 63C-4a-203(8) before submitting a
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comment to a federal agency, if the governor would be subject to Subsection 63C-4a-203
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(8) in submitting the comment.
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(3) The office may enter into an agreement with another state agency to provide
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information and services related to:
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(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and Classification
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Act;
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(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and Classification
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Act, or R.S. 2477 matters; or
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(c) any other matter within the office's responsibility.
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(4) In fulfilling the duties under this part, the office shall consult, as necessary, with:
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(a) the Department of Natural Resources;
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(b) the Department of Agriculture and Food;
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(c) the Department of Environmental Quality;
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(d) other applicable state agencies;
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(e) political subdivisions of the state;
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(f) federal land management agencies; and
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(g) elected officials.
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Section 4. Section 63L-11-205 is enacted to read:
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63L-11-205 . Identification and recording of public roads located on state-owned
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public lands.
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(1) As used in this section, "state land" means land owned by:
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(a) the Department of Natural Resources;
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(b) the Division of Forestry, Fire, and State Lands;
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(c) the Division of State Parks; and
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(d) any other state land management agency.
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(2)(a) In coordination with the relevant owner, the executive director shall:
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(i) subject to Subsection (3), using the State Geographic Information Database
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created in Section 63A-16-506, and other available information, identify roads
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located on state land; and
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(ii) subject to Subsection (2)(b), record with the county recorder of the county in
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which the state land is located a document as described in Subsection (5) that
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gives notice of the existence of the public road or right-of-way.
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(b) The executive director may not record a notice described in Subsection (2)(a)(ii) for
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a road on state land that is owned by the Division of Wildlife Resources until the land
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is sold or exchanged as described in Subsection (6).
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(3)(a) Subject to Subsection (3)(b), the executive director may complete the
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requirements of Subsection (2) over time and as resources allow.
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(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
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County, Uintah County, and Wayne County, the executive director shall complete the
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requirements described in Subsection (2) on or before January 5, 2026.
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(4) The executive director is not required to identify or record notice of any class A, class
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B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways
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in General.
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(5) The notice required in Subsection (2)(a)(ii) shall include:
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(a) a title identifying the roads as "Public Access"; and
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(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads or
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rights-of-way sufficient for reasonable identification of the road.
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(6)(a) If a parcel of state land is subject to a sale or an exchange, the executive director
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shall ensure that the requirements of Subsection (2) are completed before the sale or
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exchange is finalized.
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(b) The sale or exchange of state land is subject to the public access rights existing at the
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time of the sale or exchange.
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(7)(a) The Division of Wildlife Resources shall identify roads within a wildlife
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management area in the respective property's habitat management plan, as required in
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Section 23A-6-302.
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(b) For any road identified under Subsection (7)(a), the Division of Wildlife Resources
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may:
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(i) temporarily close a road for the benefit of wildlife; and
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(ii) permanently close roads for the benefit of wildlife only:
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(A) through the habitat management plan review and approval process in Section
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23A-6-303; and
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(B) beginning on May 7, 2025, with consent of the county legislative body within
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which the road is located.
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(c) Notwithstanding Subsection (7)(b), the Division of Wildlife Resources may close a
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road for the benefit of wildlife if:
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(i) there is an alternative road that will remain open that provides reasonable access
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to the same area;
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(ii) the road to be closed forks from the alternative road that will remain open;
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(iii) the road to be closed is less traveled than the alternative road that will remain
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open;
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(iv) the road to be closed travels in approximately the same direction as the
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alternative road that will remain open; and
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(v) the road to be closed intersects with the alternative road that will remain open
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within 2,000 feet of the location where the road to be closed forks from the road
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that will remain open.
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(d)(i) The Division of Wildlife Resources shall record with the county in which the
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wildlife management area property is located, any road on or across the wildlife
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management area prior to any sale or exchange of any wildlife management area
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property.
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(ii) The sale or exchange of Division of Wildlife Resources land is subject to the
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public access rights existing at the time of the sale or exchange.
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Section 5. Section 72-3-105 is amended to read:
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72-3-105 . Class D roads -- Maps to be prepared by county -- Indication of roads.
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(1) As used in this section, "class D road" means any road, way, or other land surface route
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that has been or is established by use or constructed and has been maintained to provide
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for usage by the public for vehicles with four or more wheels that is not a class A, class
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B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is defined in
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Section 72-5-301.
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(2) Each class D road is part of the highway and road system within the state with the same
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force and effect as if the class D road had been included within this system upon its
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being first established or constructed.
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(3) The state and county have joint undivided interest in the title to all rights-of-way for
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class D roads.
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(4)(a) [The] Subject to Subsection (4)(b), the county governing body exercises sole
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jurisdiction and control of class D roads within the county.
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(b) If a county vacates or abandons a class D road, the department exercises sole
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jurisdiction and control of the class D road.
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(5)(a) Each county shall prepare maps showing to the best of its ability the class D roads
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within its boundaries which were in existence as of October 21, 1976.
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(b) Preparation of these maps may be done by the county itself or through any
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multi-county planning district in which the county participates.
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(6) Any class D road which is established or constructed after October 21, 1976, shall be
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reflected on maps prepared as provided in Subsection (5).
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(7) The county shall provide a copy of any map under Subsection (5) or (6) upon
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completion to the department.
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(8)(a) The department shall scribe each road shown on its own county map series.
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(b) The department is not responsible for the validity of any class D road and is not
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responsible for its being inventoried.
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(c) The department shall also keep on file an historical map record of the roads as
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provided by the counties.
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(9)(a) If a county vacates or abandons the county's class D road interest in a road within
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the county, the right-of-way remains open for public use unless the department, in
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consultation with the Public Lands Policy Coordinating Office created in Section
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63L-11-201, determines that the road or right-of-way:
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(i) does not provide a benefit to the state in a manner consistent with the principles of
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multiple use and sustained yield as described in Section 63L-8-103; or
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(ii) is not used to access public or private land.
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(b) Before a county may vacate or abandon the county's right-of-way interest in a class
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D road, the county shall provide to the department 180 days in advance of taking the
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action a written notice that includes the following:
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(i) a legal description and map of the portion of the class D road for which the county
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intends to abandon the county's interest;
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(ii) a statement affirming that all gates and locks, whether or not installed or
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authorized by the county, and all county agreements, have been removed from the
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portion to be vacated; and
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(iii) documentation that the portion to be vacated is shown as a class D road in the
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county recorders office.
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(c) A county may not vacate or abandon the county's right-of-way interest in a class D
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road without the approval of the department.
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(d) A person may not place a lock or a gate on a class D road right-of-way over which
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the department exercises sole jurisdiction.
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(10)(a) A county and the department are not required to maintain a class D road.
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(b) An individual who travels on a class D road does so at the individual's own risk.
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Section 6. Section 72-5-305 is amended to read:
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72-5-305 . Term of grant -- Abandonment.
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(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an
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R.S. 2477 right-of-way is established for a perpetual term.
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(2)(a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance
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with the procedures in Part 1, Public Highways, of this chapter.
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(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the
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right-of-way shall revert to the state.
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(c) To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political
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subdivision shall:
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(i) comply with Subsection 72-3-105(9); and
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(ii) provide notice of abandonment to the director of the Public Lands Policy
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Coordinating Office created in Section 63L-11-201.
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(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not
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evidence of waiver or abandonment of the R.S. 2477 right-of-way.
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(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the
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public domain.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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