S.B. 24

1

UTAH FOREST PRACTICES ACT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Alarik Myrin
5 AN ACT RELATING TO FORESTRY; S [REQUIRING NOTIFICATION BY LANDOWNERS
6 AND OPERATORS OF INTENT TO CONDUCT FOREST PRACTICES; ] s REQUIRING
7 REGISTRATION OF OPERATORS; AND DIRECTING THE DIVISION OF FORESTRY,
8 FIRE AND STATE LANDS TO ESTABLISH S RECOMMENDED s BEST MANAGEMENT
8a PRACTICES AND
9 EDUCATIONAL PROGRAMS FOR THE CONDUCT OF FOREST PRACTICES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 65A-8a-101, Utah Code Annotated 1953
13 65A-8a-102, Utah Code Annotated 1953
14 65A-8a-103, Utah Code Annotated 1953
15 65A-8a-104, Utah Code Annotated 1953
16 65A-8a-105, Utah Code Annotated 1953
17 S [65A-8a-106, Utah Code Annotated 1953] s
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 65A-8a-101 is enacted to read:
20 CHAPTER 8a. UTAH FOREST PRACTICES ACT
21 65A-8a-101. Title.
22 This chapter shall be known as the "Utah Forest Practices Act."
23 Section 2. Section 65A-8a-102 is enacted to read:
24 65A-8a-102. Definitions.
25 As used in this chapter:
26 (1) (a) "Forest practice" means, except as provided in Subsection Text Box

Amend on 3_goldenrod February 4, 1997

corrected (1)(b):
27 (i) the harvesting of trees;

1 (ii) road construction associated with harvesting or accessing trees;
2 (iii) site preparation for regeneration of a timber stand;
3 (iv) reforestation; or
4 (v) the management of logging slash.
5 (b) "Forest practice" does not include:
6 (i) the operation of a nursery or Christmas tree farm;
7 (ii) the harvest of Christmas trees;
8 (iii) the harvest of trees for the noncommercial, personal use of the owner of forested land
9 from which the trees are harvested; and
10 (iv) a harvesting operation S CONDUCTED WITHIN A ONE-YEAR PERIOD s encompassing
10a fewer than 20 acres of forested land.
11 (2) "Forested land" means land, except land owned by the federal government, growing
12 tree species which are, or could be at maturity, capable of furnishing raw material used in the
13 manufacture of lumber or other forest products.
14 (3) "Landowner" means a person who holds an ownership interest in forested land.
15 (4) "Operator" means a person responsible for conducting forest practices. An operator
16 may be the owner of forested land, the landowner's agent, or a person who, through contractual
17 agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out
18 a timber sale.
19 Section 3. Section 65A-8a-103 is enacted to read:
20 65A-8a-103. Division directed to establish S RECOMMENDED s best management
20a practices.
21 The division shall establish S RECOMMENDED s best management practices for the conduct
21a of forest practices
22 on forested land. S [Best] RECOMMENDED BEST s management practices shall be designed to:
23 (1) preserve soil stability and water quality;
24 (2) prevent the hazard of fire, insect infestation, and the spread of noxious weeds;
25 (3) minimize waste of timber resources; and
26 (4) protect the regenerative and productive capacity of forested land.
27 Section 4. Section 65A-8a-104 is enacted to read:
28 65A-8a-104. Education for landowners and operators -- Tax and financial incentives.
29 (1) The division shall implement a program of education to:
30 (a) S [enable] HELP s landowners to make informed decisions regarding forest practices on
30a their
Text Box

Amend on 3_goldenrod February 4, 1997

corrected 31 lands; and

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1 (b) assist landowners and operators in implementing S RECOMMENDED s best management
1a practices.
2 (2) The program of education may include:
3 (a) information packets for landowners describing:
4 (i) best management practices;
5 (ii) administrative procedures;
6 (iii) tax implications;
7 (iv) resource impacts; and
8 (v) potential liabilities;
9 (b) seminars and workshops for landowners and operators;
10 (c) technical assistance for harvest or management plan preparation; and
11 (d) sample contracts and advice regarding contract components and contractor bonding
12 options.
13 (3) (a) The division shall assist landowners in obtaining information about tax incentives
14 and other financial incentives designed to:
15 (i) enhance the productive potential of forested land; or
16 (ii) enable heirs to retain ownership of forested land.
17 (b) The division may assist landowners in developing management plans that may be
18 required for financial incentive programs.
19 S [Section 5. Section 65A-8a-105 is enacted to read:
20 65A-8a-105. Notification of forest practices -- Requirements for landowners and
21 operators.
22 (1) (a) Before any forest practice is conducted on forested land, the landowner must
22a notify
23 the division of the landowner's intent to conduct forest practices.
24 (b) The notification shall include:
25 (i) the name and address of the landowner;
26 (ii) the name and address of the operator, if the operator has been determined;
27 (iii) a legal description of the area in which the forest practice is to be conducted; and
28 (iv) a description of the activities planned.
29 (c) The division shall mail to the landowner and, if an address has been provided, to the
30 operator:
Text Box

Amend on 3_goldenrod February 4, 1997

corrected 31 (i) a receipt of notification;

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1 S [(ii) a list of registered operators, if the operator has not been determined;
2 (iii) information on best management practices; and
3 (iv) any other information the division believes would assist the owner and operator in
4 conducting forest practices.
5 (2) (a) No later than 30 days before an operator begins any ground disturbing forest
6 practice, the operator shall notify the division of the operator's intent to conduct forest practices.
7 (b) The notification shall include:
8 (i) the name of the landowner;
9 (ii) the location of the trees to be harvested; and
10 (iii) the amount of timber to be harvested.] s
11 Section S [6] 5 . s Section S [65A-8a-106] 65A-8a-105 s is enacted to read:
12 65A-8a-106. Registration of operators.
13 (1) Any operator intending to conduct forest practices in Utah, except a landowner
14 conducting forest practices on his or her own land, shall register with the division.
15 (2) The operator shall submit to the division:
16 (a) the name of the company and state of incorporation; and
17 (b) the name, telephone number, and address of a company officer and an on-the-ground
18 supervisor.
19 (3) The division shall make available to landowners a list of registered operators.




Legislative Review Note
as of 12-11-96 1:16 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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Text Box

Amend on 3_goldenrod February 4, 1997

corrected