State Codes and Statutes
Statutes > Utah > Title-11 > Chapter-38 > 11-38-30211-38-302. Use of money in program -- Criteria -- Administration.
(1) Subject to Subsection (2), the commission may authorize the use of money in theprogram, by grant, to:
(a) a local entity;
(b) the Department of Natural Resources created under Section 79-2-201;
(c) the Department of Agriculture and Food created under Section 4-2-1; or
(d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3)of the Internal Revenue Code.
(2) (a) The money in the program shall be used for preserving or restoring open land andagricultural land.
(b) (i) Except as provided in Subsection (2)(b)(ii), money from the program may not beused to purchase a fee interest in real property in order to preserve open land or agricultural land,but may be used to establish a conservation easement under Title 57, Chapter 18, LandConservation Easement Act, or to fund similar methods to preserve open land or agriculturalland.
(ii) Notwithstanding Subsection (2)(b)(i), money from the fund may be used to purchasea fee interest in real property to preserve open land or agricultural land if:
(A) the parcel to be purchased is no more than 20 acres in size; and
(B) with respect to a parcel purchased in a county in which over 50% of the land area ispublicly owned, real property roughly equivalent in size and located within that county iscontemporaneously transferred to private ownership from the governmental entity that purchasedthe fee interest in real property.
(iii) Eminent domain may not be used or threatened in connection with any purchaseusing money from the program.
(iv) A parcel of land larger than 20 acres in size may not be divided into separate parcelssmaller than 20 acres each to meet the requirement of Subsection (2)(b)(ii).
(c) A local entity, department, or organization under Subsection (1) may not receivemoney from the program unless it provides matching funds equal to or greater than the amount ofmoney received from the program.
(d) In granting money from the program, the commission may impose conditions on therecipient as to how the money is to be spent.
(e) The commission shall give priority to requests from the Department of NaturalResources for up to 20% of each annual increase in the amount of money in the program if themoney is used for the protection of wildlife or watershed.
(f) (i) The commission may not make a grant from the program that exceeds $1,000,000until after making a report to the Legislative Management Committee about the grant.
(ii) The Legislative Management Committee may make a recommendation to thecommission concerning the intended grant, but the recommendation is not binding on thecommission.
(3) In determining the amount and type of financial assistance to provide an entity,department, or organization under Subsection (1) and subject to Subsection (2)(f), thecommission shall consider:
(a) the nature and amount of open land and agricultural land proposed to be preserved orrestored;
(b) the qualities of the open land and agricultural land proposed to be preserved or
restored;
(c) the cost effectiveness of the project to preserve or restore open land or agriculturalland;
(d) the funds available;
(e) the number of actual and potential applications for financial assistance and theamount of money sought by those applications;
(f) the open land preservation plan of the local entity where the project is located and thepriority placed on the project by that local entity;
(g) the effects on housing affordability and diversity; and
(h) whether the project protects against the loss of private property ownership.
(4) If a local entity, department, or organization under Subsection (1) seeks money fromthe program for a project whose purpose is to protect critical watershed, the commission shallrequire that the needs and quality of that project be verified by the state engineer.
(5) Each interest in real property purchased with money from the program shall be heldand administered by the state or a local entity.
Amended by Chapter 344, 2009 General Session
Amended by Chapter 368, 2009 General Session
