Representative Casey Snider proposes the following substitute bill:




Chief Sponsor: Casey Snider

Senate Sponsor: Derrin R. Owens


8     General Description:
9          This bill requires the collection and publication of wetland data and a study of the
10     viability of an in-lieu fee program for wetland mitigation.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires land use authorities to provide a copy of a land use permit that affects
15     wetlands to the Utah Geological Survey;
16          ▸     directs the Department of Natural Resources to:
17               •     publish land use permits that affect wetlands on the department's website; and
18               •     study and make recommendations to the Natural Resources, Agriculture, and
19     Environment Interim Committee regarding the viability of an in-lieu fee
20     program for wetland mitigation; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          10-9a-521, as enacted by Laws of Utah 2007, Chapter 388
29          17-27a-520, as enacted by Laws of Utah 2007, Chapter 388
30          79-3-202, as renumbered and amended by Laws of Utah 2009, Chapter 344
31     ENACTS:
32          79-2-406, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 10-9a-521 is amended to read:
36          10-9a-521. Wetlands.
37          (1) A municipality may not designate or treat any land as wetlands unless the United
38     States Army Corps of Engineers or other agency of the federal government has designated the
39     land as wetlands.
40          (2) A land use authority that issues a land use permit that affects land designated as
41     wetlands by the United States Army Corps of Engineers or another agency of the federal
42     government shall provide a copy of the land use permit to the Utah Geological Survey
43     established in Section 79-3-201.
44          Section 2. Section 17-27a-520 is amended to read:
45          17-27a-520. Wetlands.
46          (1) A county may not designate or treat any land as wetlands unless the United States
47     Army Corps of Engineers or other agency of the federal government has designated the land as
48     wetlands.
49          (2) A land use authority that issues a land use permit that affects land designated as
50     wetlands by the United States Army Corps of Engineers or another agency of the federal
51     government shall provide a copy of the land use permit to the Utah Geological Survey
52     established in Section 79-3-201.
53          Section 3. Section 79-2-406 is enacted to read:
54          79-2-406. Wetlands -- In-lieu fee program study.
55          (1) As used in this section, "committee" means the Natural Resources, Agriculture, and
56     Environment Interim Committee.

57          (2) The department shall publish, on the department's website, the land use permits
58     collected by the Utah Geological Survey pursuant to Subsection 79-3-202(1)(r).
59          (3) (a) The department shall study and make recommendations to the committee on the
60     viability of an in-lieu fee program for wetland mitigation, including:
61          (i) the viability of the state establishing and administering an in-lieu fee program; and
62          (ii) the viability of the state partnering with a private organization to establish and
63     administer an in-lieu fee program.
64          (b) As part of the study described in Subsection (3)(a), the department shall consult
65     with public and private individuals and entities that may be necessary or helpful to the
66     establishment or administration of an in-lieu fee program for wetland mitigation, which may
67     include:
68          (i) the Utah Department of Environmental Quality;
69          (ii) the United States Army Corps of Engineers;
70          (iii) the United States Fish and Wildlife Service;
71          (iv) the United States Environmental Protection Agency; or
72          (v) a non-profit entity that has experience with the establishment and administration of
73     in-lieu fee programs.
74          (c) The department shall provide a report on the status of the department's study during
75     or before the committee's November interim meeting in 2022.
76          (d) The department shall provide a final report of the department's study and
77     recommendations, including any recommended legislation, during or before the committee's
78     first interim meeting in 2023.
79          Section 4. Section 79-3-202 is amended to read:
80          79-3-202. Powers and duties of survey.
81          (1) The survey shall:
82          (a) assist and advise state and local agencies and state educational institutions on
83     geologic, paleontologic, and mineralogic subjects;
84          (b) collect and distribute reliable information regarding the mineral industry and
85     mineral resources, topography, paleontology, and geology of the state;
86          (c) survey the geology of the state, including mineral occurrences and the ores of
87     metals, energy resources, industrial minerals and rocks, mineral-bearing waters, and surface

88     and ground water resources, with special reference to their economic contents, values, uses,
89     kind, and availability in order to facilitate their economic use;
90          (d) investigate the kind, amount, and availability of mineral substances contained in
91     lands owned and controlled by the state, to contribute to the most effective and beneficial
92     administration of these lands for the state;
93          (e) determine and investigate areas of geologic and topographic hazards that could
94     affect the safety of, or cause economic loss to, the citizens of the state;
95          (f) assist local and state agencies in their planning, zoning, and building regulation
96     functions by publishing maps, delineating appropriately wide special earthquake risk areas,
97     and, at the request of state agencies or other governmental agencies, review the siting of critical
98     facilities;
99          (g) cooperate with state agencies, political subdivisions of the state,
100     quasi-governmental agencies, federal agencies, schools of higher education, and others in fields
101     of mutual concern, which may include field investigations and preparation, publication, and
102     distribution of reports and maps;
103          (h) collect and preserve data pertaining to mineral resource exploration and
104     development programs and construction activities, such as claim maps, location of drill holes,
105     location of surface and underground workings, geologic plans and sections, drill logs, and
106     assay and sample maps, including the maintenance of a sample library of cores and cuttings;
107          (i) study and analyze other scientific, economic, or aesthetic problems as, in the
108     judgment of the board, should be undertaken by the survey to serve the needs of the state and to
109     support the development of natural resources and utilization of lands within the state;
110          (j) prepare, publish, distribute, and sell maps, reports, and bulletins, embodying the
111     work accomplished by the survey, directly or in collaboration with others, and collect and
112     prepare exhibits of the geological and mineral resources of this state and interpret their
113     significance;
114          (k) collect, maintain, and preserve data and information in order to accomplish the
115     purposes of this section and act as a repository for information concerning the geology of this
116     state;
117          (l) stimulate research, study, and activities in the field of paleontology;
118          (m) mark, protect, and preserve critical paleontological sites;

119          (n) collect, preserve, and administer critical paleontological specimens until the
120     specimens are placed in a repository or curation facility;
121          (o) administer critical paleontological site excavation records;
122          (p) edit and publish critical paleontological records and reports; [and]
123          (q) by following the procedures and requirements of Title 63J, Chapter 5, Federal
124     Funds Procedures Act, seek federal grants, loans, or participation in federal programs, and, in
125     accordance with applicable federal program guidelines, administer federally funded state
126     programs regarding:
127          (i) renewable energy;
128          (ii) energy efficiency; and
129          (iii) energy conservation[.]; and
130          (r) collect the land use permits described in Sections 10-9a-521 and 17-27a-520.
131          (2) (a) The survey may maintain as confidential, and not as a public record,
132     information provided to the survey by any source.
133          (b) The board shall adopt rules in order to determine whether to accept the information
134     described in Subsection (2)(a) and to maintain the confidentiality of the accepted information.
135          (c) The survey shall maintain information received from any source at the level of
136     confidentiality assigned to it by the source.
137          (3) Upon approval of the board, the survey shall undertake other activities consistent
138     with Subsection (1).
139          (4) (a) Subject to the authority granted to the department, the survey may enter into
140     cooperative agreements with the entities specified in Subsection (1)(g), if approved by the
141     board, and may accept or commit allocated or budgeted funds in connection with those
142     agreements.
143          (b) The survey may undertake joint projects with private entities if:
144          (i) the action is approved by the board;
145          (ii) the projects are not inconsistent with the state's objectives; and
146          (iii) the results of the projects are available to the public.