2006 Utah Code - 63-11-17.5 — Powers and duties of board and division concerning areas along rivers and streams -- Definitions -- Limitations on construction.

     63-11-17.5.   Powers and duties of board and division concerning areas along rivers and streams -- Definitions -- Limitations on construction.
     (1) Upon the transfer to the Division of Parks and Recreation of the properties, rights, interests, powers, functions, duties, and liabilities of the Provo-Jordan River Parkway Authority as provided in Section 63-11-16.5, the Division and Board of Parks and Recreation shall have the same powers, functions, and duties as previously covered by this chapter but in addition shall establish and coordinate programs for the development of recreational areas, water conservation, flood control, and wildlife conservation along those rivers and streams that are impacted by high density populations or that are prone to flooding. In this connection the Division of Parks and Recreation shall provide for:
     (a) The development of those areas along rivers or streams as the division determines to be suitable and desirable for recreation usage.
     (b) The restoration and preservation of points of historical interest along rivers and streams.
     (c) The development of those areas along rivers or streams that the division, in consultation with the appropriate county executive, determines to be suitable and desirable for flood control.
     (d) The development of those areas along rivers or streams that the division determines to be suitable and desirable for reclamation.
     (e) The development of those areas along rivers or streams that the division determines to be suitable and desirable for wildlife management.
     (f) The development of those areas along rivers or streams that the division determines to be suitable and desirable for water conservation.
     (g) The regulation and control of types of development other than those set forth above in this Subsection (1) along rivers and streams designated by the division within their present flood plains.
     (2) As used in this section:
     (a) "Flood plains" means the lands along the course of the river or stream which are periodically flooded and for which flood control protective works would normally be provided or desirable. The 1952 flood is used as a present flood plain criterion for the Jordan River.
     (b) "Division" means the Division of Parks and Recreation.
     (c) "Advisory council" means the Riverway Enhancement Advisory Council.
     (3) The division may not permit the construction of any structures, subdivisions, or other developments on or along rivers or streams, or within their present flood plains, which are in violation of any ordinances of any political subdivision having jurisdiction in that area but may in respect to this development impose requirements in excess of and in addition to those provided in those ordinances. The more restrictive of the requirements imposed by the political subdivision or by the division are applicable. The division may not be authorized to administer water rights.

Amended by Chapter 227, 1993 General Session