1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill adds a definition for "motor vehicle" to the statute prohibiting trespassing on
10 the bed of a navigable lake or river.
11 Highlighted Provisions:
12 This bill:
13 ▸ clarifies that "motor vehicle" includes an off-highway vehicle in the context of
14 prohibiting operation of a motor vehicle on the bed of a navigable lake or river; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 65A-3-1, as last amended by Laws of Utah 2021, Chapter 280
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 65A-3-1 is amended to read:
26 65A-3-1. Trespassing on state lands -- Penalties.
27 (1) As used in this section:
28 (a) "Anchored" means the same as that term is defined in Section 73-18-2.
29 (b) "Beached" means the same as that term is defined in Section 73-18-2.
30 (c) "Motorboat" means the same as that term is defined in Section 73-18-2.
31 (d) "Motor vehicle" means the same as that term is defined in Section 41-22-2.
32 [
33 (2) A person is guilty of a class B misdemeanor and liable for the civil damages
34 prescribed in Subsection (4) if, without written authorization from the division, the person:
35 (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,
36 soil, vegetation, or improvement on state lands;
37 (b) grazes livestock on state lands;
38 (c) uses, occupies, or constructs improvements or structures on state lands;
39 (d) uses or occupies state lands for more than 30 days after the cancellation or
40 expiration of written authorization;
41 (e) knowingly and willfully uses state lands for commercial gain;
42 (f) appropriates, alters, injures, or destroys any historical, prehistorical, archaeological,
43 or paleontological resource on state lands;
44 (g) starts or maintains a fire on state lands except in a posted and designated area;
45 (h) camps on state lands, except in posted or designated areas;
46 (i) camps on state lands for longer than 15 consecutive days at the same location or
47 within one mile of the same location;
48 (j) camps on state lands for 15 consecutive days, and then returns to camp at the same
49 location before 15 consecutive days have elapsed after the day on which the person left that
50 location;
51 (k) leaves an anchored or beached vessel unattended for longer than 48 hours on state
52 lands;
53 (l) anchors or beaches a vessel on state lands at the same location for longer than 72
54 hours or within two miles of the same location for longer than 72 hours;
55 (m) anchors or beaches a vessel on state lands at the same location for 72 hours, and
56 then returns to anchor or beach the vessel at the same location or within two miles of the same
57 location before 72 hours have elapsed after the day on which the person left that location;
58 (n) posts a sign claiming state land as private property;
59 (o) prohibits, prevents, or obstructs public entry to state land where public entry is
60 authorized by the division; or
61 (p) parks or operates a motor vehicle on the bed of a navigable lake or river except in
62 those areas:
63 (i) supervised by the Division of State Parks, the Division of Recreation, or another
64 state or local enforcement entity; and
65 (ii) which are posted as open to vehicle use.
66 (3) A person is guilty of a class C misdemeanor and liable for civil damages described
67 in Subsection (4) if, on state lands surrounding Bear Lake and without written authorization of
68 the division, the person:
69 (a) parks or operates a motor vehicle in an area on the exposed lake bed that is
70 specifically posted by the division as closed for usage;
71 (b) camps, except in an area that is posted and designated as open to camping;
72 (c) exceeds a speed limit of 10 miles per hour while operating a motor vehicle;
73 (d) drives recklessly while operating a motor vehicle;
74 (e) parks or operates a motor vehicle within an area between the water's edge and 100
75 feet of the water's edge except as necessary to:
76 (i) launch or retrieve a motorboat, if the person is permitted to launch or retrieve a
77 motorboat;
78 (ii) transport an individual with limited mobility; or
79 (iii) deposit or retrieve equipment to a beach site;
80 (f) travels in a motor vehicle parallel to the water's edge:
81 (i) in areas designated by the division as closed;
82 (ii) a distance greater than 500 yards; or
83 (iii) for purposes other than travel to or from a beach site;
84 (g) parks or operates a motor vehicle between the hours of 10 p.m. and 7 a.m.; or
85 (h) starts a campfire or uses fireworks.
86 (4) A person who commits any act described in Subsection (2) or (3) is liable for
87 damages in the amount of:
88 (a) three times the value of the mineral or other resource removed, destroyed, or
89 extracted;
90 (b) three times the value of damage committed; or
91 (c) three times the consideration which would have been charged by the division for
92 use of the land during the period of trespass.
93 (5) In addition to the damages described in Subsection (4), a person found guilty of a
94 misdemeanor under Subsection (2) or (3) is subject to the penalties provided in Section
95 76-3-204.
96 (6) Money collected under this section shall be deposited in the fund in which similar
97 revenues from that land would be deposited.