Enrolled Copy H.B. 103
1
State Land Access Road Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Troy Shelley
Senate Sponsor: Keven J. Stratton
2
3
LONG TITLE
4
General Description:
5
This bill requires certain state entities to identify and record notice of roads that traverse
6
certain lands owned by the state.
7
Highlighted Provisions:
8
This bill:
9
▸ requires the Public Lands Policy Coordinating Office (PLPCO) and the School and
10
Institutional Trust Lands Administration (SITLA) to identify certain roads located on
11
school and institutional trust lands and state lands, with initial focus within certain
12
counties;
13
▸ requires PLPCO and SITLA to record with the relevant county recorder's office notice of
14
the roads relevant to state lands and school and institutional trust lands;
15
▸ exempts class A, class B, and class C roads from the notice requirements;
16
▸ provides requirements for the Division of Wildlife Resources to identify roads within
17
wildlife management areas;
18
▸ provides that the Division of Wildlife Resources may not permanently close a road
19
without consent of the legislative body of the county in which the road is located; and
20
▸ codifies a provision to ensure that title to a class D road abandoned by a county remains
21
with the state, and provides a process for abandonment of a class D road or R.S. 2477
22
right-of-way.
23
Money Appropriated in this Bill:
24
None
25
Other Special Clauses:
26
None
27
Utah Code Sections Affected: H.B. 103 Enrolled Copy
28
AMENDS:
29
23A-6-303, as renumbered and amended by Laws of Utah 2023, Chapter 103
30
63L-11-202, as last amended by Laws of Utah 2024, Chapter 36
31
72-3-105, as last amended by Laws of Utah 2000, Chapter 324
32
72-5-305, as renumbered and amended by Laws of Utah 1998, Chapter 270
33
ENACTS:
34
53C-2-106, Utah Code Annotated 1953
35
63L-11-205, Utah Code Annotated 1953
36
37
Be it enacted by the Legislature of the state of Utah:
38
Section 1. Section 23A-6-303 is amended to read:
39
23A-6-303 . Review and adoption of management plans.
40
(1) The division shall submit a draft management plan to the Resource Development
41
Coordinating Committee created in Section 63L-11-401 and the Habitat Council created
42
by the division for their review and recommendations.
43
(2) The division shall submit a draft management plan and any recommendations received
44
from the Resource Development Coordinating Committee and the Habitat Council to:
45
(a) the regional advisory council for the wildlife region in which the lands covered by
46
the management plan are located; and
47
(b) the regional advisory council for a wildlife region that may be affected by the
48
management plan.
49
(3) A regional advisory council reviewing a draft management plan may make
50
recommendations to the director.
51
(4) The director may adopt the management plan, adopt the management plan with
52
amendments, or reject the management plan.
53
(5)(a) At the request of the director or a member of the Wildlife Board, the Wildlife
54
Board may review a management plan to determine whether the plan is consistent
55
with Wildlife Board policies.
56
(b) The director may amend a management plan in accordance with recommendations
57
made by the Wildlife Board.
58
(6) Neither the division nor the director may permanently close a road within a wildlife
59
management area as part of a management plan without consent of the county legislative
60
body within which the wildlife management area is located.
61
Section 2. Section 53C-2-106 is enacted to read:
- 2 - Enrolled Copy H.B. 103
62
53C-2-106 . Identification and recording of public roads located on trust lands.
63
(1) The director shall:
64
(a) subject to Subsection (2), using the State Geographic Information Database created
65
in Section 63A-16-506, and other available information, identify temporary public
66
easements or rights of entry granted pursuant to Section 72-5-203 for roads located
67
on trust lands within each county; and
68
(b) subject to Section 72-5-203, record with the county recorder of the county in which
69
the temporary public easement or right of entry is located a grant or permanent
70
easement as described in Subsection (4) that gives notice of the existence of the
71
public road.
72
(2)(a) Subject to Subsection (2)(b), the director may complete the requirements of
73
Subsection (1) over time and as resources allow.
74
(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
75
County, Uintah County, and Wayne County, the director shall complete the
76
requirements described in Subsection (1) on or before January 5, 2026.
77
(3) The director is not required to identify or record notice of any class A, class B, or class
78
C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
79
(4) The grant of easement required in Subsection (1)(b) shall include:
80
(a) a requirement that the roads remain open for public use; and
81
(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads
82
sufficient for reasonable identification of the road.
83
(5)(a) If a parcel of trust lands is subject to a sale or an exchange as provided in this title,
84
the director shall ensure that the requirements of Subsection (1) are completed before
85
the sale or exchange is finalized.
86
(b) The sale or exchange of trust lands is subject to the grant of permanent easement
87
existing at the time of the sale or exchange.
88
Section 3. Section 63L-11-202 is amended to read:
89
63L-11-202 . Powers and duties of the office and executive director.
90
(1) The office shall:
91
(a) make a report to the Constitutional Defense Council created under Section
92
63C-4a-202 concerning R.S. 2477 rights and other public lands issues under Title
93
63C, Chapter 4a, Constitutional and Federalism Defense Act;
94
(b) provide staff assistance to the Constitutional Defense Council created under Section
95
63C-4a-202 for meetings of the council;
- 3 - H.B. 103 Enrolled Copy
96
(c)(i) prepare and submit a constitutional defense plan under Section 63C-4a-403; and
97
(ii) execute any action assigned in a constitutional defense plan;
98
(d) develop public lands policies by:
99
(i) developing cooperative contracts and agreements between the state, political
100
subdivisions, and agencies of the federal government for involvement in the
101
development of public lands policies;
102
(ii) producing research, documents, maps, studies, analysis, or other information that
103
supports the state's participation in the development of public lands policy;
104
(iii) preparing comments to ensure that the positions of the state and political
105
subdivisions are considered in the development of public lands policy; and
106
(iv) partnering with state agencies and political subdivisions in an effort to:
107
(A) prepare coordinated public lands policies;
108
(B) develop consistency reviews and responses to public lands policies;
109
(C) develop management plans that relate to public lands policies; and
110
(D) develop and maintain a statewide land use plan that is based on cooperation
111
and in conjunction with political subdivisions;
112
(e) facilitate and coordinate the exchange of information, comments, and
113
recommendations on public lands policies between and among:
114
(i) state agencies;
115
(ii) political subdivisions;
116
(iii) the [Office] Center of Rural Development created under Section 63N-4-102;
117
(iv) the coordinating committee;
118
(v) School and Institutional Trust Lands Administration created under Section
119
53C-1-201;
120
(vi) the committee created under Section 63A-16-507 to award grants to counties to
121
inventory and map R.S. 2477 rights-of-way, associated structures, and other
122
features; and
123
(vii) the Constitutional Defense Council created under Section 63C-4a-202;
124
(f) perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9,
125
Chapter 8a, Part 4, Historic Sites;
126
(g) consistent with other statutory duties, encourage agencies to responsibly preserve
127
archaeological resources;
128
(h) maintain information concerning grants made under Subsection (1)(j), if available;
129
(i) report annually, or more often if necessary or requested, concerning the office's
- 4 - Enrolled Copy H.B. 103
130
activities and expenditures to:
131
(i) the Constitutional Defense Council; and
132
(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
133
Committee jointly with the Constitutional Defense Council;
134
(j) make grants of up to 16% of the office's total annual appropriations from the
135
Constitutional Defense Restricted Account to a county or statewide association of
136
counties to be used by the county or association of counties for public lands matters if
137
the executive director, with the advice of the Constitutional Defense Council,
138
determines that the action provides a state benefit;
139
(k) conduct the public lands transfer study and economic analysis required by Section
140
63L-11-304; [and]
141
(l) fulfill the duties described in Section 63L-10-103[.] ; and
142
(m) perform the duties described in Section 63L-11-205.
143
(2) The executive director shall comply with Subsection 63C-4a-203(8) before submitting a
144
comment to a federal agency, if the governor would be subject to Subsection 63C-4a-203
145
(8) in submitting the comment.
146
(3) The office may enter into an agreement with another state agency to provide
147
information and services related to:
148
(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and Classification
149
Act;
150
(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and Classification
151
Act, or R.S. 2477 matters; or
152
(c) any other matter within the office's responsibility.
153
(4) In fulfilling the duties under this part, the office shall consult, as necessary, with:
154
(a) the Department of Natural Resources;
155
(b) the Department of Agriculture and Food;
156
(c) the Department of Environmental Quality;
157
(d) other applicable state agencies;
158
(e) political subdivisions of the state;
159
(f) federal land management agencies; and
160
(g) elected officials.
161
Section 4. Section 63L-11-205 is enacted to read:
162
63L-11-205 . Identification and recording of public roads located on state-owned
163
public lands.
- 5 - H.B. 103 Enrolled Copy
164
(1) As used in this section, "state land" means land owned by:
165
(a) the Department of Natural Resources;
166
(b) the Division of Forestry, Fire, and State Lands;
167
(c) the Division of State Parks; and
168
(d) any other state land management agency.
169
(2)(a) In coordination with the relevant owner, the executive director shall:
170
(i) subject to Subsection (3), using the State Geographic Information Database
171
created in Section 63A-16-506, and other available information, identify roads
172
located on state land; and
173
(ii) subject to Subsection (2)(b), record with the county recorder of the county in
174
which the state land is located a document as described in Subsection (5) that
175
gives notice of the existence of the public road or right-of-way.
176
(b) The executive director may not record a notice described in Subsection (2)(a)(ii) for
177
a road on state land that is owned by the Division of Wildlife Resources until the land
178
is sold or exchanged as described in Subsection (6).
179
(3)(a) Subject to Subsection (3)(b), the executive director may complete the
180
requirements of Subsection (2) over time and as resources allow.
181
(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
182
County, Uintah County, and Wayne County, the executive director shall complete the
183
requirements described in Subsection (2) on or before January 5, 2026.
184
(4) The executive director is not required to identify or record notice of any class A, class
185
B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways
186
in General.
187
(5) The notice required in Subsection (2)(a)(ii) shall include:
188
(a) a title identifying the roads as "Public Access"; and
189
(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads or
190
rights-of-way sufficient for reasonable identification of the road.
191
(6)(a) If a parcel of state land is subject to a sale or an exchange, the executive director
192
shall ensure that the requirements of Subsection (2) are completed before the sale or
193
exchange is finalized.
194
(b) The sale or exchange of state land is subject to the public access rights existing at the
195
time of the sale or exchange.
196
(7)(a) The Division of Wildlife Resources shall identify roads within a wildlife
197
management area in the respective property's habitat management plan, as required in
- 6 - Enrolled Copy H.B. 103
198
Section 23A-6-302.
199
(b) For any road identified under Subsection (7)(a), the Division of Wildlife Resources
200
may:
201
(i) temporarily close a road for the benefit of wildlife; and
202
(ii) permanently close roads for the benefit of wildlife only:
203
(A) through the habitat management plan review and approval process in Section
204
23A-6-303; and
205
(B) beginning on May 7, 2025, with consent of the county legislative body within
206
which the road is located.
207
(c) Notwithstanding Subsection (7)(b), the Division of Wildlife Resources may close a
208
road for the benefit of wildlife if:
209
(i) there is an alternative road that will remain open that provides reasonable access
210
to the same area;
211
(ii) the road to be closed forks from the alternative road that will remain open;
212
(iii) the road to be closed is less traveled than the alternative road that will remain
213
open;
214
(iv) the road to be closed travels in approximately the same direction as the
215
alternative road that will remain open; and
216
(v) the road to be closed intersects with the alternative road that will remain open
217
within 2,000 feet of the location where the road to be closed forks from the road
218
that will remain open.
219
(d)(i) The Division of Wildlife Resources shall record with the county in which the
220
wildlife management area property is located, any road on or across the wildlife
221
management area prior to any sale or exchange of any wildlife management area
222
property.
223
(ii) The sale or exchange of Division of Wildlife Resources land is subject to the
224
public access rights existing at the time of the sale or exchange.
225
Section 5. Section 72-3-105 is amended to read:
226
72-3-105 . Class D roads -- Maps to be prepared by county -- Indication of roads.
227
(1) As used in this section, "class D road" means any road, way, or other land surface route
228
that has been or is established by use or constructed and has been maintained to provide
229
for usage by the public for vehicles with four or more wheels that is not a class A, class
230
B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is defined in
231
Section 72-5-301.
- 7 - H.B. 103 Enrolled Copy
232
(2) Each class D road is part of the highway and road system within the state with the same
233
force and effect as if the class D road had been included within this system upon its
234
being first established or constructed.
235
(3) The state and county have joint undivided interest in the title to all rights-of-way for
236
class D roads.
237
(4)(a) [The] Subject to Subsection (4)(b), the county governing body exercises sole
238
jurisdiction and control of class D roads within the county.
239
(b) If a county vacates or abandons a class D road, the department exercises sole
240
jurisdiction and control of the class D road.
241
(5)(a) Each county shall prepare maps showing to the best of its ability the class D roads
242
within its boundaries which were in existence as of October 21, 1976.
243
(b) Preparation of these maps may be done by the county itself or through any
244
multi-county planning district in which the county participates.
245
(6) Any class D road which is established or constructed after October 21, 1976, shall be
246
reflected on maps prepared as provided in Subsection (5).
247
(7) The county shall provide a copy of any map under Subsection (5) or (6) upon
248
completion to the department.
249
(8)(a) The department shall scribe each road shown on its own county map series.
250
(b) The department is not responsible for the validity of any class D road and is not
251
responsible for its being inventoried.
252
(c) The department shall also keep on file an historical map record of the roads as
253
provided by the counties.
254
(9)(a) If a county vacates or abandons the county's class D road interest in a road within
255
the county, the right-of-way remains open for public use unless the department, in
256
consultation with the Public Lands Policy Coordinating Office created in Section
257
63L-11-201, determines that the road or right-of-way:
258
(i) does not provide a benefit to the state in a manner consistent with the principles of
259
multiple use and sustained yield as described in Section 63L-8-103; or
260
(ii) is not used to access public or private land.
261
(b) Before a county may vacate or abandon the county's right-of-way interest in a class
262
D road, the county shall provide to the department 180 days in advance of taking the
263
action a written notice that includes the following:
264
(i) a legal description and map of the portion of the class D road for which the county
265
intends to abandon the county's interest;
- 8 - Enrolled Copy H.B. 103
266
(ii) a statement affirming that all gates and locks, whether or not installed or
267
authorized by the county, and all county agreements, have been removed from the
268
portion to be vacated; and
269
(iii) documentation that the portion to be vacated is shown as a class D road in the
270
county recorder's office.
271
(c) A county may not vacate or abandon the county's right-of-way interest in a class D
272
road without the approval of the department.
273
(d) A person may not place a lock or a gate on a class D road right-of-way over which
274
the department exercises sole jurisdiction.
275
(10)(a) A county and the department are not required to maintain a class D road.
276
(b) An individual who travels on a class D road does so at the individual's own risk.
277
Section 6. Section 72-5-305 is amended to read:
278
72-5-305 . Term of grant -- Abandonment.
279
(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an
280
R.S. 2477 right-of-way is established for a perpetual term.
281
(2)(a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance
282
with the procedures in Part 1, Public Highways, of this chapter.
283
(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the
284
right-of-way shall revert to the state.
285
(c) To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political
286
subdivision shall:
287
(i) comply with Subsection 72-3-105(9); and
288
(ii) provide notice of abandonment to the director of the Public Lands Policy
289
Coordinating Office created in Section 63L-11-201.
290
(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not
291
evidence of waiver or abandonment of the R.S. 2477 right-of-way.
292
(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the
293
public domain.
294
Section 7. Effective Date.
295
This bill takes effect on May 7, 2025.
- 9 -