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Utah Agricultural Code | |
Conservation Commission Act | |
Section 5 | Conservation commission -- Functions and duties. |
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4-18-5. Conservation commission -- Functions and duties. (1) The commission shall: (a) facilitate the development and implementation of the strategies and programs necessary to: (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state; and (ii) promote the protection, integrity, and restoration of land for agricultural and other beneficial purposes; (b) disseminate information regarding districts' activities and programs; (c) supervise the formation, reorganization, or dissolution of districts according to the requirements of Title 17D, Chapter 3, Conservation District Act; (d) prescribe uniform accounting and recordkeeping procedures for districts and require each district to submit annually an audit of its funds to the commission; (e) approve and make loans for agricultural purposes, from the Agriculture Resource Development Fund for: (i) rangeland improvement and management projects; (ii) watershed protection and flood prevention projects; (iii) agricultural cropland soil and water conservation projects; and (iv) programs designed to promote energy efficient farming practices; (f) administer federal or state funds, including loan funds under this chapter, in accordance with applicable federal or state guidelines and make loans or grants from those funds to land occupiers for: (i) the conservation of soil or water resources; and (ii) maintenance of rangeland improvement projects; (g) seek to coordinate soil and water protection, conservation, and development activities and programs of state agencies, local governmental units, other states, special interest groups, and federal agencies; (h) plan watershed and flood control projects in cooperation with appropriate local, state, and federal authorities and coordinate flood control projects in the state; (i) develop the requirements for: (i) a certification of environmental stewardship, including best management practices, technical standards, and nutrient management plans, as applicable to each agricultural sector; and (ii) providing the certification to each owner or operator of a farm, ranch, or feedlot that: (A) requests certification; and (B) qualifies for certification; (j) develop best management practices and state technical standards when requested by governmental agencies or agricultural producer groups; (k) develop the requirements and certification process for an individual to be a certified conservation planner as defined in Section 4-18-3; (l) assist other state agencies with conservation standards for agriculture when requested; (m) when assigned by the governor, when required by contract with the Department of Environmental Quality, or when required by contract with the United States Environmental Protection Agency: (i) develop programs for the prevention, control, or abatement of new or existing pollution to the soil, water, or air of the state; (ii) advise, consult, and cooperate with affected parties to further the purpose of this chapter; (iii) conduct studies, investigations, research, and demonstrations relating to agricultural pollution issues; (iv) give reasonable consideration in the exercise of its powers and duties to the economic impact on sustainable agriculture; (v) meet the requirements of federal law related to water and air pollution in the exercise of its powers and duties; and (vi) establish administrative penalties relating to agricultural discharges as defined in Section 4-18-3 that are proportional to the seriousness of the resulting environmental harm. (2) The commission may: (a) employ, with the approval of the department, an administrator and necessary technical experts and employees; (b) execute contracts or other instruments necessary to exercise its powers; (c) take necessary action to promote and enforce the purpose and findings of Section 4-18-2; (d) sue and be sued; and (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and Subsections (2)(b) and (c).
Amended by Chapter 383, 2011 General Session |
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