1     
RECREATIONAL TRAILS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions related to recreational trails.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions;
13          ▸     provides for the facilitation of a recreational trail network, including facilitating
14     categories of trails;
15          ▸     addresses consideration of the multi-uses of a recreational trail;
16          ▸     establishes a complaint procedure;
17          ▸     addresses funding of recreational trails;
18          ▸     repeals state guidelines for the establishment of trails; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          79-5-102, as last amended by Laws of Utah 2021, Chapter 280
27          79-5-103, as renumbered and amended by Laws of Utah 2009, Chapter 344
28          79-5-201, as last amended by Laws of Utah 2021, Chapter 280
29          79-5-303, as renumbered and amended by Laws of Utah 2009, Chapter 344
30          79-5-501, as last amended by Laws of Utah 2021, Chapter 280
31     ENACTS:
32          79-5-402, Utah Code Annotated 1953
33     REPEALS:
34          79-5-301, as renumbered and amended by Laws of Utah 2009, Chapter 344
35          79-5-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 79-5-102 is amended to read:
39          79-5-102. Definitions.
40          As used in this chapter:
41          (1) "Commission" means the Outdoor Adventure Commission.
42          (2) "Council" means the Recreational Trails Advisory Council.
43          (3) "Division" means the Division of Recreation.
44          (4) "Recreational trail" or "trail" means a single-use or multi-use path used for:
45          (a) muscle-powered activities, including:
46          (i) bicycling;
47          (ii) cross-country skiing;
48          (iii) walking;
49          (iv) jogging; [and]
50          (v) horseback riding; and
51          (vi) a similar muscle-powered activity as defined by rule made by the division in
52     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after
53     consultation with the commission; and
54          (b) uses compatible with [the uses] a muscle-powered activity described in Subsection
55     (4)(a), including the use of an electric assisted bicycle or motor assisted scooter, as defined in
56     Section 41-6a-102.
57          Section 2. Section 79-5-103 is amended to read:
58          79-5-103. Division to facilitate recreational trails in cooperation with public and
59     private entities -- Priorities.
60          (1) The division shall [plan and develop] facilitate a recreational trail [system] network
61     throughout the state that:
62          (a) provides for outdoor recreation needs; and
63          (b) facilitates access to, travel within, and enjoyment and admiration of the outdoors.
64          (2) To assure that an integrated trails network is achieved, the division shall coordinate
65     the planning and development of trails with:
66          (a) federal land management agencies;
67          (b) local governments;
68          (c) private landowners; and
69          (d) state agencies.
70          (3) The division may facilitate the following categories of recreational trails as part of a
71     state trails network:
72          (a) a cross-state trail that connects scenic, natural, historic, geologic, geographic, or
73     other significant features;
74          (b) a water-oriented trail that provides a path to or along lakes, streams, or reservoirs;
75          (c) a scenic-access trail that provides access to recreation, scenic, natural, historic, or
76     cultural areas;
77          (d) an urban trail that connects parks, scenic and natural areas, historical sites, and
78     neighboring communities; and
79          (e) an interpretive trail that identifies:
80          (i) historic routes; or
81          (ii) significant natural features.
82          [(3)] (4) The division shall give priority to [establishing] facilitating trails that:
83          (a) cross public lands;
84          (b) are in proximity or accessible to urban areas;
85          (c) implement rail-to-trail conversions pursuant to the National Trails System Act, 16
86     U.S.C. Sec. 1241 et seq.;
87          (d) [provide linkage] connect to existing trails; [and]
88          (e) [provide linkage or access to] connect to or access natural, scenic, historic, or
89     recreational areas of statewide significance[.];
90          (f) connect communities; and
91          (g) provide access for outdoor recreation.
92          Section 3. Section 79-5-201 is amended to read:
93          79-5-201. Recreational Trails Advisory Council -- Multi-use consideration.
94          (1) The division shall establish a Recreational Trails Advisory Council.
95          (2) The council shall advise and make recommendations to the division regarding:
96          (a) trails to be established;
97          (b) facilities to be constructed;
98          [(c) development costs;]
99          [(d)] (c) modes of travel permitted;
100          [(e) law enforcement;]
101          [(f) selection of rights-of-way;]
102          [(g) interlocal agreements;]
103          [(h) selection of signs and markers;]
104          [(i) the general administration of trails;]
105          [(j)] (d) distribution of matching funds pursuant to Section 79-5-501; and
106          [(k)] (e) future funding mechanisms for trail development.
107          (3) (a) The council shall consider the factors established by the division under
108     Subsection (3)(b) in reviewing an application for funding of a multi-use recreational trail under
109     Part 5, Trail Funding, to ensure that the recreational trail balances the interests and
110     requirements for the multi-uses of the recreational trail.
111          (b) The division, after consultation with the commission, shall adopt by rule made in
112     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the factors that
113     the council shall consider under Subsection (3)(a).
114          (c) The division shall comply with Section 63G-3-305 in reviewing a rule made under
115     this Subsection (3), except that the division shall conduct a public hearing regarding the rule
116     before the division continues, repeals, or amends and continues the rule as provided in Section
117     63G-3-305.
118          Section 4. Section 79-5-303 is amended to read:
119          79-5-303. Signs and markers.
120          The division, in consultation with appropriate federal, state, and local government
121     agencies [and], private organizations, [shall establish uniform] and the commission, may make
122     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
123     encourage consistency in signs and markers for the [system] network of recreational trails.
124          Section 5. Section 79-5-402 is enacted to read:
125          79-5-402. Complaint procedure.
126          (1) As used in this section:
127          (a) "Approved recreational trail application" means the application that is submitted to
128     the division and approved for funding under Part 5, Trail Funding.
129          (b) "Trail developer" means the public or private person, including a municipality or
130     county, who develops or maintains a recreational trail that is subject to an approved
131     recreational trail application.
132          (c) "Verified complaint" means a complaint that is verified under oath or affirmation
133     alleging a violation of an approved recreational trail application.
134          (2) (a) When a person files with the division a verified complaint, the division shall:
135          (i) investigate a recreational trail to determine whether the recreational trail complies
136     with the applicable approved recreational trail application; and
137          (ii) facilitate a settlement between the complainant and the trail developer.
138          (b) If a settlement cannot be effected, the division shall treat the verified complaint as a
139     request for agency action and act on the verified complaint in accordance with Title 63G,
140     Chapter 4, Administrative Procedures Act, and this section.
141          (3) If in response to a request for agency action the division determines by a
142     preponderance of the evidence that the trail developer has not complied with the approved
143     recreational trail application, the division:
144          (a) shall prepare written findings of fact detailing the findings;
145          (b) may order the trail developer to comply with the approved recreational trail
146     application; and
147          (c) may terminate all or part of the grant approved under Part 5, Trail Funding, for the
148     recreational trail.
149          (4) A trail developer aggrieved by an order issued under this section may obtain
150     judicial review of the order.
151          Section 6. Section 79-5-501 is amended to read:
152          79-5-501. Grants -- Matching funds requirements -- Rules.
153          (1) (a) The division, after consultation with the commission, may give grants to federal
154     government agencies, state agencies, or local governments for the planning, acquisition, and
155     development of trails within the state's recreational trail [system with funds] network with
156     money appropriated by the Legislature for that purpose or money provided by the federal
157     government.
158          (b) (i) [Each] A grant recipient [must] shall provide matching [funds] money having a
159     value that is equal to or greater than the grant [funds] money received.
160          (ii) The division may allow a grant recipient to provide property, material, or labor in
161     lieu of money, provided the grant recipient's contribution has a value that is equal to or greater
162     than the grant [funds] money received.
163          (2) The division, after consultation with the commission, shall:
164          (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
165     Rulemaking Act, setting forth procedures and criteria for the awarding of grants for
166     recreational trails; and
167          (b) determine to whom grant [funds] money shall be awarded after considering the
168     recommendations of and after consulting with the council and the division.
169          (3) Rules for the awarding of grants for recreational trails shall provide that:
170          (a) [each] a grant applicant [must] shall solicit public comment on the proposed
171     recreational trail and submit a summary of that comment to the division;
172          (b) each trail project for which grant funds are awarded [must] shall conform to the
173     criteria and guidelines specified in [Sections] Section 79-5-103[, 79-5-301, and 79-5-302]; and
174          (c) trail proposals that include a plan to provide employment opportunities for youth,
175     including at-risk youth, in the development of the trail is encouraged.
176          (4) As used in this section, "at-risk youth" means youth who:
177          (a) are subject to environmental forces, such as poverty or family dysfunction, that may
178     make them vulnerable to family, school, or community problems;
179          (b) perform poorly in school or have failed to complete high school;
180          (c) exhibit behaviors that have the potential to harm themselves or others in the
181     community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
182          (d) have already engaged in behaviors harmful to themselves or others in the
183     community.
184          Section 7. Repealer.
185          This bill repeals:
186          Section 79-5-301, Guidelines for the establishment of trails.
187          Section 79-5-302, Recreational trail categories.