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2025 Utah Code
Title 23A - Wildlife Resources Act
Chapter 13 - Migratory Bird Production Area
Part 2 - Migratory Bird Production Area
Section 201 - Creation of a migratory bird production area.
Universal Citation:
UT Code § 23A-13-201 (2025)
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Effective 7/1/2024
23A-13-201. Creation of a migratory bird production area.
Amended by Chapter 158, 2024 General Session
23A-13-201. Creation of a migratory bird production area.
- (1)
- (a)On or before July 1, 2022, an owner or owners of at least 500 contiguous acres of land in an unincorporated area may dedicate the land as a migratory bird production area by filing a notice of dedication with the county recorder of the county in which the land is located.
- (b)The notice of dedication shall contain:
- (i)the legal description of the land included within the migratory bird production area;
- (ii)the name of the owner or owners of the land included within the migratory bird production area; and
- (iii)an affidavit signed by each landowner that all of the land, except as provided by Subsection (2), within the migratory bird production area is:
- (A)actively managed for migratory bird:
- (I)production;
- (II)habitat; or
- (III)hunting; and
- (B)used for a purpose compatible with the purposes described in Subsection (1)(b)(iii)(A).
- (A)actively managed for migratory bird:
- (c)A person who files a notice of dedication under this section shall give a copy of the notice of dedication within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.
- (2)
- (a)The notice of dedication may designate land, the amount of which is less than 1% of the total acreage within a migratory bird production area, upon which the landowner may build a structure described in Subsection 23A-13-302(1)(c).
- (b)
- (i)An owner may build or maintain a road, dike, or water control structure within the migratory bird production area.
- (ii)A road, dike, or water control structure is not considered a structure for purposes of Subsection (2)(a).
- (3)
- (a)Within 30 days of the day on which the county legislative body receives a copy of the notice of dedication under Subsection (1)(c), the county legislative body may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to cancel or revise a migratory bird production area on the basis that an affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
- (b)In bringing the action, the county legislative body shall specify the portion of the migratory bird production area and the affidavit subject to the action.
- (c)In an action brought under this Subsection (3), the person who files an affidavit described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that the affidavit is accurate.
- (d)If the court cancels or revises a migratory bird production area, the person who filed the original notice of dedication shall file a revision notice with the county recorder reflecting the court's order.
- (4)In accordance with Section 23A-13-202, a person may at any time add land to a migratory bird production area created under this section.
Amended by Chapter 158, 2024 General Session
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