Utah 2025 Regular Session

Utah House Bill HB0103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 103
	1	+	02-13 18:10 3rd Sub. (Cherry) H.B. 103
	2	+	Troy Shelley proposes the following substitute bill:
2	3		1
3	4		State Land Access Road Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Troy Shelley
7	8		Senate Sponsor: Keven J. Stratton
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill requires certain state entities to identify and record notice of roads that traverse
16	17		6
17	18		certain lands owned by the state.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ requires the Public Lands Policy Coordinating Office (PLPCO) and the School and
24	25		10
25	26		Institutional Trust Lands Administration (SITLA) to identify certain roads located on
26	27		11
27	28		school and institutional trust lands and state lands, with initial focus within certain
28	29		12
29	30		counties;
30	31		13
31	32		▸ requires PLPCO and SITLA to record with the relevant county recorder's office notice of
32	33		14
33	34		the roads relevant to state lands and school and institutional trust lands;
34	35		15
35	36		▸ exempts class A, class B, and class C roads from the notice requirements;
36	37		16
37	38		▸ provides requirements for the Division of Wildlife Resources to identify roads within
38	39		17
39	40		wildlife management areas;
40	41		18
41	42		▸ provides that the Division of Wildlife Resources may not permanently close a road
42	43		19
43	44		without consent of the legislative body of the county in which the road is located; and
44	45		20
45	46		▸ codifies a provision to ensure that title to a class D road abandoned by a county remains
46	47		21
47	48		with the state, and provides a process for abandonment of a class D road or R.S. 2477
48	49		22
49	50		right-of-way.
50	51		23
51	52		Money Appropriated in this Bill:
52	53		24
53	54		None
54	55		25
55	56		Other Special Clauses:
56	57		26
57	58		None
58	59		27
59		-	Utah Code Sections Affected: ~~H.B. 103 Enrolled Copy~~
	60	+	Utah Code Sections Affected:
60	61		28
61	62		AMENDS:
	63	+	3rd Sub. H.B. 103 3rd Sub. (Cherry) H.B. 103 02-13 18:10
62	64		29
63	65		23A-6-303, as renumbered and amended by Laws of Utah 2023, Chapter 103
64	66		30
65	67		63L-11-202, as last amended by Laws of Utah 2024, Chapter 36
66	68		31
67	69		72-3-105, as last amended by Laws of Utah 2000, Chapter 324
68	70		32
69	71		72-5-305, as renumbered and amended by Laws of Utah 1998, Chapter 270
70	72		33
71	73		ENACTS:
72	74		34
73	75		53C-2-106, Utah Code Annotated 1953
74	76		35
75	77		63L-11-205, Utah Code Annotated 1953
76	78		36
77	79
78	80		37
79	81		Be it enacted by the Legislature of the state of Utah:
80	82		38
81	83		Section 1. Section 23A-6-303 is amended to read:
82	84		39
83	85		23A-6-303 . Review and adoption of management plans.
84	86		40
85	87		(1) The division shall submit a draft management plan to the Resource Development
86	88		41
87	89		Coordinating Committee created in Section 63L-11-401 and the Habitat Council created
88	90		42
89	91		by the division for their review and recommendations.
90	92		43
91	93		(2) The division shall submit a draft management plan and any recommendations received
92	94		44
93	95		from the Resource Development Coordinating Committee and the Habitat Council to:
94	96		45
95	97		(a) the regional advisory council for the wildlife region in which the lands covered by
96	98		46
97	99		the management plan are located; and
98	100		47
99	101		(b) the regional advisory council for a wildlife region that may be affected by the
100	102		48
101	103		management plan.
102	104		49
103	105		(3) A regional advisory council reviewing a draft management plan may make
104	106		50
105	107		recommendations to the director.
106	108		51
107	109		(4) The director may adopt the management plan, adopt the management plan with
108	110		52
109	111		amendments, or reject the management plan.
110	112		53
111	113		(5)(a) At the request of the director or a member of the Wildlife Board, the Wildlife
112	114		54
113	115		Board may review a management plan to determine whether the plan is consistent
114	116		55
115	117		with Wildlife Board policies.
116	118		56
117	119		(b) The director may amend a management plan in accordance with recommendations
118	120		57
119	121		made by the Wildlife Board.
120	122		58
121	123		(6) Neither the division nor the director may permanently close a road within a wildlife
122	124		59
123	125		management area as part of a management plan without consent of the county legislative
124	126		60
125	127		body within which the wildlife management area is located.
126	128		61
127	129		Section 2. Section 53C-2-106 is enacted to read:
128		-	- 2 - Enrolled Copy H.B. 103
129	130		62
130	131		53C-2-106 . Identification and recording of public roads located on trust lands.
	132	+	- 2 - 02-13 18:10 3rd Sub. (Cherry) H.B. 103
131	133		63
132	134		(1) The director shall:
133	135		64
134	136		(a) subject to Subsection (2), using the State Geographic Information Database created
135	137		65
136	138		in Section 63A-16-506, and other available information, identify temporary public
137	139		66
138	140		easements or rights of entry granted pursuant to Section 72-5-203 for roads located
139	141		67
140	142		on trust lands within each county; and
141	143		68
142	144		(b) subject to Section 72-5-203, record with the county recorder of the county in which
143	145		69
144	146		the temporary public easement or right of entry is located a grant or permanent
145	147		70
146	148		easement as described in Subsection (4) that gives notice of the existence of the
147	149		71
148	150		public road.
149	151		72
150	152		(2)(a) Subject to Subsection (2)(b), the director may complete the requirements of
151	153		73
152	154		Subsection (1) over time and as resources allow.
153	155		74
154	156		(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
155	157		75
156	158		County, Uintah County, and Wayne County, the director shall complete the
157	159		76
158	160		requirements described in Subsection (1) on or before January 5, 2026.
159	161		77
160	162		(3) The director is not required to identify or record notice of any class A, class B, or class
161	163		78
162	164		C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
163	165		79
164	166		(4) The grant of easement required in Subsection (1)(b) shall include:
165	167		80
166	168		(a) a requirement that the roads remain open for public use; and
167	169		81
168	170		(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads
169	171		82
170	172		sufficient for reasonable identification of the road.
171	173		83
172	174		(5)(a) If a parcel of trust lands is subject to a sale or an exchange as provided in this title,
173	175		84
174	176		the director shall ensure that the requirements of Subsection (1) are completed before
175	177		85
176	178		the sale or exchange is finalized.
177	179		86
178	180		(b) The sale or exchange of trust lands is subject to the grant of permanent easement
179	181		87
180	182		existing at the time of the sale or exchange.
181	183		88
182	184		Section 3. Section 63L-11-202 is amended to read:
183	185		89
184	186		63L-11-202 . Powers and duties of the office and executive director.
185	187		90
186	188		(1) The office shall:
187	189		91
188	190		(a) make a report to the Constitutional Defense Council created under Section
189	191		92
190	192		63C-4a-202 concerning R.S. 2477 rights and other public lands issues under Title
191	193		93
192	194		63C, Chapter 4a, Constitutional and Federalism Defense Act;
193	195		94
194	196		(b) provide staff assistance to the Constitutional Defense Council created under Section
195	197		95
196	198		63C-4a-202 for meetings of the council;
197		-	- 3 - H.B. 103 Enrolled Copy
198	199		96
199	200		(c)(i) prepare and submit a constitutional defense plan under Section 63C-4a-403; and
	201	+	- 3 - 3rd Sub. (Cherry) H.B. 103 02-13 18:10
200	202		97
201	203		(ii) execute any action assigned in a constitutional defense plan;
202	204		98
203	205		(d) develop public lands policies by:
204	206		99
205	207		(i) developing cooperative contracts and agreements between the state, political
206	208		100
207	209		subdivisions, and agencies of the federal government for involvement in the
208	210		101
209	211		development of public lands policies;
210	212		102
211	213		(ii) producing research, documents, maps, studies, analysis, or other information that
212	214		103
213	215		supports the state's participation in the development of public lands policy;
214	216		104
215	217		(iii) preparing comments to ensure that the positions of the state and political
216	218		105
217	219		subdivisions are considered in the development of public lands policy; and
218	220		106
219	221		(iv) partnering with state agencies and political subdivisions in an effort to:
220	222		107
221	223		(A) prepare coordinated public lands policies;
222	224		108
223	225		(B) develop consistency reviews and responses to public lands policies;
224	226		109
225	227		(C) develop management plans that relate to public lands policies; and
226	228		110
227	229		(D) develop and maintain a statewide land use plan that is based on cooperation
228	230		111
229	231		and in conjunction with political subdivisions;
230	232		112
231	233		(e) facilitate and coordinate the exchange of information, comments, and
232	234		113
233	235		recommendations on public lands policies between and among:
234	236		114
235	237		(i) state agencies;
236	238		115
237	239		(ii) political subdivisions;
238	240		116
239	241		(iii) the [Office] Center of Rural Development created under Section 63N-4-102;
240	242		117
241	243		(iv) the coordinating committee;
242	244		118
243	245		(v) School and Institutional Trust Lands Administration created under Section
244	246		119
245	247		53C-1-201;
246	248		120
247	249		(vi) the committee created under Section 63A-16-507 to award grants to counties to
248	250		121
249	251		inventory and map R.S. 2477 rights-of-way, associated structures, and other
250	252		122
251	253		features; and
252	254		123
253	255		(vii) the Constitutional Defense Council created under Section 63C-4a-202;
254	256		124
255	257		(f) perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9,
256	258		125
257	259		Chapter 8a, Part 4, Historic Sites;
258	260		126
259	261		(g) consistent with other statutory duties, encourage agencies to responsibly preserve
260	262		127
261	263		archaeological resources;
262	264		128
263	265		(h) maintain information concerning grants made under Subsection (1)(j), if available;
264	266		129
265	267		(i) report annually, or more often if necessary or requested, concerning the office's
266		-	- 4 - Enrolled Copy H.B. 103
267	268		130
268	269		activities and expenditures to:
	270	+	- 4 - 02-13 18:10 3rd Sub. (Cherry) H.B. 103
269	271		131
270	272		(i) the Constitutional Defense Council; and
271	273		132
272	274		(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
273	275		133
274	276		Committee jointly with the Constitutional Defense Council;
275	277		134
276	278		(j) make grants of up to 16% of the office's total annual appropriations from the
277	279		135
278	280		Constitutional Defense Restricted Account to a county or statewide association of
279	281		136
280	282		counties to be used by the county or association of counties for public lands matters if
281	283		137
282	284		the executive director, with the advice of the Constitutional Defense Council,
283	285		138
284	286		determines that the action provides a state benefit;
285	287		139
286	288		(k) conduct the public lands transfer study and economic analysis required by Section
287	289		140
288	290		63L-11-304; [and]
289	291		141
290	292		(l) fulfill the duties described in Section 63L-10-103[.] ; and
291	293		142
292	294		(m) perform the duties described in Section 63L-11-205.
293	295		143
294	296		(2) The executive director shall comply with Subsection 63C-4a-203(8) before submitting a
295	297		144
296	298		comment to a federal agency, if the governor would be subject to Subsection 63C-4a-203
297	299		145
298	300		(8) in submitting the comment.
299	301		146
300	302		(3) The office may enter into an agreement with another state agency to provide
301	303		147
302	304		information and services related to:
303	305		148
304	306		(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and Classification
305	307		149
306	308		Act;
307	309		150
308	310		(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and Classification
309	311		151
310	312		Act, or R.S. 2477 matters; or
311	313		152
312	314		(c) any other matter within the office's responsibility.
313	315		153
314	316		(4) In fulfilling the duties under this part, the office shall consult, as necessary, with:
315	317		154
316	318		(a) the Department of Natural Resources;
317	319		155
318	320		(b) the Department of Agriculture and Food;
319	321		156
320	322		(c) the Department of Environmental Quality;
321	323		157
322	324		(d) other applicable state agencies;
323	325		158
324	326		(e) political subdivisions of the state;
325	327		159
326	328		(f) federal land management agencies; and
327	329		160
328	330		(g) elected officials.
329	331		161
330	332		Section 4. Section 63L-11-205 is enacted to read:
331	333		162
332	334		63L-11-205 . Identification and recording of public roads located on state-owned
333	335		163
334	336		public lands.
335		-	- 5 - H.B. 103 Enrolled Copy
336	337		164
337	338		(1) As used in this section, "state land" means land owned by:
	339	+	- 5 - 3rd Sub. (Cherry) H.B. 103 02-13 18:10
338	340		165
339	341		(a) the Department of Natural Resources;
340	342		166
341	343		(b) the Division of Forestry, Fire, and State Lands;
342	344		167
343	345		(c) the Division of State Parks; and
344	346		168
345	347		(d) any other state land management agency.
346	348		169
347	349		(2)(a) In coordination with the relevant owner, the executive director shall:
348	350		170
349	351		(i) subject to Subsection (3), using the State Geographic Information Database
350	352		171
351	353		created in Section 63A-16-506, and other available information, identify roads
352	354		172
353	355		located on state land; and
354	356		173
355	357		(ii) subject to Subsection (2)(b), record with the county recorder of the county in
356	358		174
357	359		which the state land is located a document as described in Subsection (5) that
358	360		175
359	361		gives notice of the existence of the public road or right-of-way.
360	362		176
361	363		(b) The executive director may not record a notice described in Subsection (2)(a)(ii) for
362	364		177
363	365		a road on state land that is owned by the Division of Wildlife Resources until the land
364	366		178
365	367		is sold or exchanged as described in Subsection (6).
366	368		179
367	369		(3)(a) Subject to Subsection (3)(b), the executive director may complete the
368	370		180
369	371		requirements of Subsection (2) over time and as resources allow.
370	372		181
371	373		(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan
372	374		182
373	375		County, Uintah County, and Wayne County, the executive director shall complete the
374	376		183
375	377		requirements described in Subsection (2) on or before January 5, 2026.
376	378		184
377	379		(4) The executive director is not required to identify or record notice of any class A, class
378	380		185
379	381		B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways
380	382		186
381	383		in General.
382	384		187
383	385		(5) The notice required in Subsection (2)(a)(ii) shall include:
384	386		188
385	387		(a) a title identifying the roads as "Public Access"; and
386	388		189
387	389		(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads or
388	390		190
389	391		rights-of-way sufficient for reasonable identification of the road.
390	392		191
391	393		(6)(a) If a parcel of state land is subject to a sale or an exchange, the executive director
392	394		192
393	395		shall ensure that the requirements of Subsection (2) are completed before the sale or
394	396		193
395	397		exchange is finalized.
396	398		194
397	399		(b) The sale or exchange of state land is subject to the public access rights existing at the
398	400		195
399	401		time of the sale or exchange.
400	402		196
401	403		(7)(a) The Division of Wildlife Resources shall identify roads within a wildlife
402	404		197
403	405		management area in the respective property's habitat management plan, as required in
404		-	- 6 - Enrolled Copy H.B. 103
405	406		198
406	407		Section 23A-6-302.
	408	+	- 6 - 02-13 18:10 3rd Sub. (Cherry) H.B. 103
407	409		199
408	410		(b) For any road identified under Subsection (7)(a), the Division of Wildlife Resources
409	411		200
410	412		may:
411	413		201
412	414		(i) temporarily close a road for the benefit of wildlife; and
413	415		202
414	416		(ii) permanently close roads for the benefit of wildlife only:
415	417		203
416	418		(A) through the habitat management plan review and approval process in Section
417	419		204
418	420		23A-6-303; and
419	421		205
420	422		(B) beginning on May 7, 2025, with consent of the county legislative body within
421	423		206
422	424		which the road is located.
423	425		207
424	426		(c) Notwithstanding Subsection (7)(b), the Division of Wildlife Resources may close a
425	427		208
426	428		road for the benefit of wildlife if:
427	429		209
428	430		(i) there is an alternative road that will remain open that provides reasonable access
429	431		210
430	432		to the same area;
431	433		211
432	434		(ii) the road to be closed forks from the alternative road that will remain open;
433	435		212
434	436		(iii) the road to be closed is less traveled than the alternative road that will remain
435	437		213
436	438		open;
437	439		214
438	440		(iv) the road to be closed travels in approximately the same direction as the
439	441		215
440	442		alternative road that will remain open; and
441	443		216
442	444		(v) the road to be closed intersects with the alternative road that will remain open
443	445		217
444	446		within 2,000 feet of the location where the road to be closed forks from the road
445	447		218
446	448		that will remain open.
447	449		219
448	450		(d)(i) The Division of Wildlife Resources shall record with the county in which the
449	451		220
450	452		wildlife management area property is located, any road on or across the wildlife
451	453		221
452	454		management area prior to any sale or exchange of any wildlife management area
453	455		222
454	456		property.
455	457		223
456	458		(ii) The sale or exchange of Division of Wildlife Resources land is subject to the
457	459		224
458	460		public access rights existing at the time of the sale or exchange.
459	461		225
460	462		Section 5. Section 72-3-105 is amended to read:
461	463		226
462	464		72-3-105 . Class D roads -- Maps to be prepared by county -- Indication of roads.
463	465		227
464	466		(1) As used in this section, "class D road" means any road, way, or other land surface route
465	467		228
466	468		that has been or is established by use or constructed and has been maintained to provide
467	469		229
468	470		for usage by the public for vehicles with four or more wheels that is not a class A, class
469	471		230
470	472		B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is defined in
471	473		231
472	474		Section 72-5-301.
473		-	- 7 - H.B. 103 Enrolled Copy
474	475		232
475	476		(2) Each class D road is part of the highway and road system within the state with the same
	477	+	- 7 - 3rd Sub. (Cherry) H.B. 103 02-13 18:10
476	478		233
477	479		force and effect as if the class D road had been included within this system upon its
478	480		234
479	481		being first established or constructed.
480	482		235
481	483		(3) The state and county have joint undivided interest in the title to all rights-of-way for
482	484		236
483	485		class D roads.
484	486		237
485	487		(4)(a) [The] Subject to Subsection (4)(b), the county governing body exercises sole
486	488		238
487	489		jurisdiction and control of class D roads within the county.
488	490		239
489	491		(b) If a county vacates or abandons a class D road, the department exercises sole
490	492		240
491	493		jurisdiction and control of the class D road.
492	494		241
493	495		(5)(a) Each county shall prepare maps showing to the best of its ability the class D roads
494	496		242
495	497		within its boundaries which were in existence as of October 21, 1976.
496	498		243
497	499		(b) Preparation of these maps may be done by the county itself or through any
498	500		244
499	501		multi-county planning district in which the county participates.
500	502		245
501	503		(6) Any class D road which is established or constructed after October 21, 1976, shall be
502	504		246
503	505		reflected on maps prepared as provided in Subsection (5).
504	506		247
505	507		(7) The county shall provide a copy of any map under Subsection (5) or (6) upon
506	508		248
507	509		completion to the department.
508	510		249
509	511		(8)(a) The department shall scribe each road shown on its own county map series.
510	512		250
511	513		(b) The department is not responsible for the validity of any class D road and is not
512	514		251
513	515		responsible for its being inventoried.
514	516		252
515	517		(c) The department shall also keep on file an historical map record of the roads as
516	518		253
517	519		provided by the counties.
518	520		254
519	521		(9)(a) If a county vacates or abandons the county's class D road interest in a road within
520	522		255
521	523		the county, the right-of-way remains open for public use unless the department, in
522	524		256
523	525		consultation with the Public Lands Policy Coordinating Office created in Section
524	526		257
525	527		63L-11-201, determines that the road or right-of-way:
526	528		258
527	529		(i) does not provide a benefit to the state in a manner consistent with the principles of
528	530		259
529	531		multiple use and sustained yield as described in Section 63L-8-103; or
530	532		260
531	533		(ii) is not used to access public or private land.
532	534		261
533	535		(b) Before a county may vacate or abandon the county's right-of-way interest in a class
534	536		262
535	537		D road, the county shall provide to the department 180 days in advance of taking the
536	538		263
537	539		action a written notice that includes the following:
538	540		264
539	541		(i) a legal description and map of the portion of the class D road for which the county
540	542		265
541	543		intends to abandon the county's interest;
542		-	- 8 - Enrolled Copy H.B. 103
543	544		266
544	545		(ii) a statement affirming that all gates and locks, whether or not installed or
	546	+	- 8 - 02-13 18:10 3rd Sub. (Cherry) H.B. 103
545	547		267
546	548		authorized by the county, and all county agreements, have been removed from the
547	549		268
548	550		portion to be vacated; and
549	551		269
550	552		(iii) documentation that the portion to be vacated is shown as a class D road in the
551	553		270
552		-	county ~~recorder's~~ office.
	554	+	county recorders office.
553	555		271
554	556		(c) A county may not vacate or abandon the county's right-of-way interest in a class D
555	557		272
556	558		road without the approval of the department.
557	559		273
558	560		(d) A person may not place a lock or a gate on a class D road right-of-way over which
559	561		274
560	562		the department exercises sole jurisdiction.
561	563		275
562	564		(10)(a) A county and the department are not required to maintain a class D road.
563	565		276
564	566		(b) An individual who travels on a class D road does so at the individual's own risk.
565	567		277
566	568		Section 6. Section 72-5-305 is amended to read:
567	569		278
568	570		72-5-305 . Term of grant -- Abandonment.
569	571		279
570	572		(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an
571	573		280
572	574		R.S. 2477 right-of-way is established for a perpetual term.
573	575		281
574	576		(2)(a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance
575	577		282
576	578		with the procedures in Part 1, Public Highways, of this chapter.
577	579		283
578	580		(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the
579	581		284
580	582		right-of-way shall revert to the state.
581	583		285
582	584		(c) To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political
583	585		286
584	586		subdivision shall:
585	587		287
586	588		(i) comply with Subsection 72-3-105(9); and
587	589		288
588	590		(ii) provide notice of abandonment to the director of the Public Lands Policy
589	591		289
590	592		Coordinating Office created in Section 63L-11-201.
591	593		290
592	594		(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not
593	595		291
594	596		evidence of waiver or abandonment of the R.S. 2477 right-of-way.
595	597		292
596	598		(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the
597	599		293
598	600		public domain.
599	601		294
600	602		Section 7. Effective Date.
601	603		295
602	604		This bill takes effect on May 7, 2025.
603	605		- 9 -