First Substitute H.B. 144

Representative Craig W. Buttars proposes to substitute the following bill:

1 UTAH FOREST PRACTICES ACT
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig W. Buttars
5 This act modifies provisions related to the Division of Forestry, Fire and State Lands and
6 enacts the Utah Forest Practices Act. This act requires the registration of operators and
7 notification by operators of intent to conduct forest practices. This act directs the Division
8 of Forestry, Fire and State Lands to promote the implementation of Forest Water Quality
9 Guidelines, and allows the Division of Forestry, Fire and State Lands to provide technical
10 assistance to landowners regarding forest practices.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 65A-8a-101, Utah Code Annotated 1953
14 65A-8a-102, Utah Code Annotated 1953
15 65A-8a-103, Utah Code Annotated 1953
16 65A-8a-104, Utah Code Annotated 1953
17 65A-8a-105, Utah Code Annotated 1953
18 65A-8a-106, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 65A-8a-101 is enacted to read:
21 CHAPTER 8a. UTAH FOREST PRACTICES ACT
22 65A-8a-101. Title.
23 This chapter is known as the "Utah Forest Practices Act."
24 Section 2. Section 65A-8a-102 is enacted to read:
25 65A-8a-102. Definitions.

26 As used in this chapter:
27 (1) (a) "Forest practice" means, except as provided in Subsection (1)(b):
28 (i) the harvesting of trees;
29 (ii) new road construction associated with harvesting or accessing trees;
30 (iii) site preparation for regeneration of a timber stand;
31 (iv) reforestation; or
32 (v) the management of logging slash.
33 (b) "Forest practice" does not include:
34 (i) the operation of a nursery or Christmas tree farm;
35 (ii) the harvest of Christmas trees;
36 (iii) the harvest of trees for the noncommercial, personal use by the owner of forested land
37 from which the trees are harvested; or
38 (iv) a harvesting operation encompassing fewer than ten contiguous acres of forested land.
39 (2) "Forested land" means land, except land owned by the federal government, growing
40 tree species which are, or could be at maturity, capable of furnishing raw material used in the
41 manufacture of lumber or other forest products.
42 (3) "Forest Water Quality Guidelines" means the field-applicable practice guidelines
43 adopted by the division for use during forestry activities to protect water quality and contained
44 within a nonpoint source management plan.
45 (4) "Landowner" means a person who holds an ownership interest in forested land.
46 (5) "Operator" means a person who:
47 (a) is responsible for conducting forest practices; or
48 (b) through a contractual agreement with the landowner, is obligated to or entitled to
49 conduct forest practices or to carry out a timber sale.
50 Section 3. Section 65A-8a-103 is enacted to read:
51 65A-8a-103. Registration of operators.
52 (1) An operator intending to conduct forest practices in Utah, except a landowner
53 conducting forest practices on his or her own land, shall register with the division.
54 (2) The operator shall submit the following information to the division:
55 (a) the name of the company;
56 (b) the name of the state where the company is incorporated; and

57 (c) the name, telephone number, and address of a company officer and an on-the-ground
58 supervisor.
59 (3) In consultation with industry representatives, the division may establish, by rule,
60 minimum requirements for registration of operators in accordance with Title 63, Chapter 46a, Utah
61 Administrative Rulemaking Act.
62 (4) The division shall make available to landowners a list of registered operators.
63 Section 4. Section 65A-8a-104 is enacted to read:
64 65A-8a-104. Notification of intent to conduct forest practices.
65 (1) No later than 30 days prior to an operator commencing forest practices, the operator
66 shall notify the division of the operator's intent to conduct forest practices.
67 (2) The notification shall include:
68 (a) the name and address of the operator;
69 (b) the name and address of the landowner;
70 (c) a legal description of the area in which the forest practices are to be conducted; and
71 (d) a description of the proposed forest practices to be conducted, including the number
72 of acres with timber to be harvested.
73 (3) Upon the receipt of notification, the division shall, within ten days, mail to the
74 landowner and the operator:
75 (a) an acknowledgment of notification;
76 (b) information on Forest Water Quality Guidelines; and
77 (c) any other information the division believes would assist the landowner and operator
78 in conducting forest practices.
79 Section 5. Section 65A-8a-105 is enacted to read:
80 65A-8a-105. Division to promote implementation of Forest Water Quality Guidelines.
81 (1) The division shall promote implementation of Forest Water Quality Guidelines before,
82 during, and after the conduct of forest practices on forested land in order to:
83 (a) preserve water quality and soil stability;
84 (b) prevent the hazard of fire and insect infestation;
85 (c) minimize waste of timber resources; and
86 (d) protect the regenerative and productive capacity of forested land.
87 (2) The division, in cooperation with Utah State University Extension Services:

88 (a) shall implement a program to develop demonstration areas, books, brochures,
89 informational material, seminars and workshops, and other aids to display correct application of
90 the Forest Water Quality Guidelines; and
91 (b) may aid private landowners by providing technical assistance to landowners and
92 operators in implementing Forest Water Quality Guidelines.
93 Section 6. Section 65A-8a-106 is enacted to read:
94 65A-8a-106. Division to provide technical assistance.
95 (1) The division may provide:
96 (a) advice and technical assistance to landowners and operators by:
97 (i) developing forest stewardship plans;
98 (ii) developing harvest or forest management plans; and
99 (iii) developing programs and activities promoting stewardship of forest and other lands;
100 (b) information about tax incentives or other financial incentives designed to enhance the
101 productive potential of forested land; or
102 (c) federal cost-share incentives to eligible nonindustrial, private forest landowners if
103 available.
104 (2) The division, in cooperation with Utah State University Extension Services shall:
105 (a) develop and implement a public education and awareness program to inform citizens
106 about the benefits of long-term stewardship of forest and other lands; and
107 (b) provide technical assistance to landowners in developing management plans that may
108 be required for financial incentive programs.