State Codes and Statutes

Statutes > Utah > Title-17d > Chapter-03 > 17d-3-203

17D-3-203. Considerations in determining whether to approve conservation districtcreation, consolidation, division, or dissolution -- Denial or approval -- Notice and plat tolieutenant governor -- Recording requirements -- Prohibition against considering similarcreation, consolidation, division, or dissolution if previously denied.
(1) In determining whether to approve the creation of a conservation district, theconsolidation of existing conservation districts, or the division or dissolution of an existingconservation district, the commission shall consider:
(a) the demonstrated necessity and administrative practicality of the creation,consolidation, division, or dissolution;
(b) the topography of and soil compositions and prevailing land use practices within thearea of the proposed or existing conservation district or districts;
(c) the hydrologic unit code of the watershed in which the area of the proposed orexisting conservation district or districts is located;
(d) the relationship of the area of the proposed or existing conservation district ordistricts to existing watersheds and agricultural regions; and
(e) the sentiment expressed by persons within the area of the proposed or existingconservation district or districts with respect to the proposed creation, consolidation, division, ordissolution.
(2) After holding a public hearing as required under Subsection 17D-3-201(2)(b) andconsidering the factors listed in Subsection (1), the commission shall:
(a) (i) disapprove the creation of a conservation district, the consolidation of existingconservation districts, or the division or dissolution of an existing conservation district, as thecase may be, if the commission determines that creation, consolidation, division, or dissolution isnot necessary or administratively practical; or
(ii) approve the creation of a conservation district, the consolidation of existingconservation districts, or the division or dissolution of an existing conservation district, as thecase may be, if the commission determines that creation, consolidation, division, or dissolution isnecessary and administratively practical; and
(b) set forth in writing the reasons for the commission's action.
(3) (a) If the commission approves the creation, consolidation, division, or dissolution,the commission shall:
(i) deliver to the lieutenant governor:
(A) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,that meets the requirements of Subsection 67-1a-6.5(3); and
(B) except in the case of a dissolution, a copy of an approved final local entity plat, asdefined in Section 67-1a-6.5; and
(ii) upon the lieutenant governor's issuance of a certificate of boundary action underSection 67-1a-6.5:
(A) if the conservation district is or, in the case of dissolution, was located within theboundary of a single county, submit to the recorder of that county:
(I) the original:
(Aa) notice of an impending boundary action;
(Bb) certificate of boundary action; and
(Cc) except in the case of dissolution, approved final local entity plat; and
(II) a certified copy of the document that the commission adopted approving the

boundary action; or
(B) if the conservation district is or, in the case of a dissolution, was located within theboundaries of more than a single county:
(I) submit to the recorder of one of those counties:
(Aa) the original of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb), and(Cc); and
(Bb) a certified copy of the document that the commission adopted approving theboundary action; and
(II) submit to the recorder of each other county:
(Aa) a certified copy of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb),and (Cc); and
(Bb) a certified copy of the document that the commission adopted approving theboundary action.
(b) Upon the lieutenant governor's issuance of the certificate of creation, consolidation,division, or dissolution under Section 67-1a-6.5, as the case may be, the conservation district iscreated and incorporated, consolidated, divided, or dissolved, respectively.
(4) If the commission disapproves a creation, consolidation, division, or dissolutionunder Subsection (2)(a)(i), the commission may not, for six months following the denial,consider a similar proposal to create, divide, or dissolve the conservation district or toconsolidate the conservation districts, as the case may be.

Amended by Chapter 350, 2009 General Session