R652-50. Range Management, R652. Natural Resources, Forestry, Fire and State Lands, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R652. Natural Resources, Forestry, Fire and State Lands

R652-50-100. Authority

Latest version.

This rule implements Section 65A-9-2 which authorizes the Division of Forestry, Fire and State Lands to establish rules prescribing standards and conditions for the utilization of forage and related development of range resources on sovereign lands.

R652-50-200. Grazing Management

Latest version.

Management of sovereign lands for grazing purposes is based upon grazing capacity which permits optimum forage utilization and seeks to maintain or improve range conditions. Grazing capacity shall be established after consideration of historical stocking rates, forage utilization, range condition, trend and climatic conditions.

R652-50-300. Applications

Latest version.

Unless land has been withdrawn by the division from grazing or has been determined by the division to be unsuitable for grazing, applications shall be accepted for grazing rights upon all sovereign lands not otherwise subject to a grazing permit.

Sovereign lands may be declared unsuitable for grazing if there are determined to be conflicts with public trust administration.

R652-50-400. Permit Approval Process

Latest version.

Applications shall be accepted on lands available for permitting under R652-50-300 or upon termination of an existing permit as follows:

1. On sovereign lands that are available for grazing, but are not subject to an existing permit, applications may be solicited through advertising or any other method the division determines is appropriate, including notification of adjacent landowners and other permittees in an allotment.

2. On sovereign lands subject to an expiring grazing permit, competing applications shall be accepted from January 2 to March 1, or the next working day if either of these days is a weekend or holiday, of the year in which the permit terminates.

3. If no competing applications are received, the person holding the expiring grazing permit shall have the right to renew the permit by submitting a completed application along with the first year's rent and other applicable fees.

4. Persons desiring to submit a competing application shall do so on forms acceptable to the division. Applications shall include payment in the amount of the non-refundable application fee, and the one-time bonus bid. Bids shall be refunded to unsuccessful applicants. Upon establishment of the yearly rental rate, the successful applicant shall be required to submit the first year's rental and other required fees.

5. Applications shall be evaluated by the division and shall be accepted only if the division determines that the applicant's grazing activity shall not create unmanageable problems of trespass, range management, or access.

(a) For purposes of this evaluation adjoining permittees and lessees, adjoining property owners, or adjoining federal permittees shall be considered acceptable as competing applicants unless specific problems are clearly demonstrated.

(b) Applicants not meeting the requirements in (a) above, whose uses would not unreasonably conflict with the uses of other permittees of sovereign lands in the area, shall nevertheless be accepted if the size of the grazing area, the access to the grazing area, and other factors demonstrate that the applicant is able to utilize the area without adverse impact on the range resources, or adjoining lands.

6. An existing permittee shall have a preference right to permit the property provided he agrees to pay an amount equal to the highest competing application.

R652-50-500. Grazing Fees and Annual Adjustments

Latest version.

An annual fee shall be charged for the grazing of all livestock on sovereign lands. The grazing fee shall be established by the division and shall be reviewed annually and adjusted if appropriate.

R652-50-600. Grazing Permit Terms

Latest version.

No grazing permit shall be issued for a period of time exceeding 15 years. Every grazing permit executed under these rules shall include the following terms and conditions:

1. Terms, conditions, and provisions that shall protect the interests of the beneficiaries with reference to securing the payment to the division of all amounts owed.

2. Terms, conditions, and provisions that shall protect the range resources from improper and unauthorized grazing uses.

3. Other terms, conditions, and provisions that may be deemed necessary by the division in effecting the purpose of these rules and not inconsistent with any of its provisions.

4. The division may cancel or suspend grazing permits, in whole or in part, after 30 days notice by certified mail to the permittee for a violation of the terms of the permit, or of these rules, or upon the issuance of a lease or permit, the purpose of which the division has determined to be a higher and better use, or disposal of the sovereign land. Failure to pay the required rental within the time prescribed shall automatically work a forfeiture and cancellation of the permits and all rights thereunder.

5. Locked gates on sovereign land without written approval are prohibited. If such approval is granted, keys shall be supplied to the division and other appropriate parties requiring access to the area as approved by the division, including those with fire and regulatory responsibilities.

6. Supplemental livestock feeding on state grazing lease lands may be permitted subject to written authorization by the division with the designation of a specific area, length of time, number and class of livestock, and subject to a determination that this shall not inflict long term damage upon the land. The division may assess an additional fee for authorized supplemental feeding. Emergency supplemental feeding shall be allowed for ten days prior to notification.

R652-50-610. Utah Lake Grazing Permits

Latest version.

The division will manage grazing on the bed of Utah Lake with substantial deference to the interests of immediate upland owners and existing boundary agreements. Notwithstanding Sections R652-50-400, 500 and 600, grazing permits will be issued in accordance with the following:

1. Permit applications must be submitted to the division by October 1 annually for grazing the following season. The applicant shall specify the number of acres and the number and kind of livestock requested. The director may waive the application fee.

2. Unless otherwise specified in a sovereign land boundary agreement grazing permits shall be limited to a term of one year with an option to extend the permit for one year at a time.

3. Permits will be issued only to the immediate upland owner or to another person with the consent of the immediate upland owner. Existing permits will not be affected for the duration of their term.

4. The permittee shall fence-in livestock on lands under permit. The fence may extend lakeward only to the water's edge or reasonably beyond to restrain livestock and must be withdrawn for navigation safety as the lake level rises.

5. The grazing fee will be determined annually by the division in consultation with interested parties, who are invited to provide any information that may be relevant to setting the grazing fee. The division's calculations will be based on acreage.

6. A permit issued pursuant to a boundary agreement shall terminate upon conveyance of the upland to another owner.

7. Livestock may not enter the permit area until a date specified annually by the director and must be removed from sovereign land before the opening date of the annual waterfowl season. The land under permit shall be open to the public for waterfowl hunting.

8. No supplemental feeding on sovereign land will be allowed.

R652-50-700. Reinstatements

Latest version.

Sovereign land on which a grazing permit has been cancelled and which is ineligible for reinstatement pursuant to R652-5-500(1)(b) may be advertised as available pursuant to R652-50-400(2). If the advertisement does not bring forth any competing applications, or if the division does not advertise the property, the person previously holding the permit may apply for a new permit by submitting an application and all applicable fees including a fee equal to the reinstatement fee.

R652-50-800. Grazing Permits--Legal Effect

Latest version.

Grazing permits transfer no right, title, or interest in any lands or resources held by the division, nor any exclusive right of possession and grant only the authorized utilization of forage.

R652-50-900. Non-Use Provisions

Latest version.

The granting of non-use for sovereign lands shall be at the discretion of the division. The following criteria shall apply to all non-use requests:

1. The permittee shall submit an application for non-use in advance or, if the sovereign land is within a federal grazing allotment, as soon as notification of non-use is received from the applicable federal agency. The request shall be accompanied by the applicable application fee and by any appropriate documentation which is the basis for the request. In the event of approved grazing non-use, fees shall not be waived or refunded but shall be applied to the next year.

2. Non-use shall not be approved for periods of time exceeding one year.

3. Non-use may be approved in times of emergency conditions.

4. Non-use for personal convenience with no payment of fees shall not be approved.

R652-50-1000. Assignment and Subleasing of Grazing Permits

Latest version.

1. Permittee shall not assign, partially assign, sublease, mortgage, pledge, or otherwise transfer, dispose or encumber any interest in the permit without the written consent of the division. To do so shall automatically, and without notice, work a forfeiture and cancellation of the permit. Consent for subleasing shall only be given if the sublease is compatible with the best interests of the beneficiaries and long-term management of the land and will not unreasonably conflict with the interests of other permittees in the area.

2. The division may assess an additional fee based upon either the fair market value of the permit or a flat fee per AUM for its approval of any assignment, partial assignment, or sublease which shall be based on the following criteria:

(a) Subleases in-lieu of a collateral assignment shall not be approved.

(b) An approved sublease shall be valid only for the remaining term of the permit.

3. Mortgage agreements or collateral assignments are for the convenience of the permittee. The term of a mortgage agreement or collateral assignment shall not exceed the remaining term of the permit. If the grazing permit is renewed, the permittee may also renew the mortgage agreement or collateral assignment of the permit pursuant to these rules.

R652-50-1100. Range Improvement Projects

Latest version.

1. Range Improvement Projects shall be submitted for approval on appropriate application forms. Range Improvement Projects shall be approved or denied by the division based on a written finding.

2. All range improvement activity shall be approved by the division in writing before construction begins. Line cabins and similar structures shall not be authorized as range improvement projects and shall be authorized by a special use lease pursuant to R652-30.

3. Division authorization for range improvement projects shall be valid for periods of time not to exceed two years from the date the applicant is notified of the authorization. Extensions of time may be granted only in extraordinary circumstances.

4. Range improvements constructed or placed upon sovereign land without prior approval shall become the property of the division.

5. Range improvements shall not be authorized if they would be:

(a) located on a parcel that the division has determined has potential for sale, lease or exchange and the possibility exists that improvements may encumber these actions.

(b) located on a parcel designated for disposal by division action or through the comprehensive management planning process.

6. Range improvements which are necessary to rehabilitate lands whose forage production has been diminished by poor grazing practices or poor stewardship of the permittee shall not be considered a reimbursable improvement but rather a requirement to keep the grazing permit in effect.

7. Authorized Range Improvement Projects shall be depreciated using schedules consistent with typical schedules published by the USDA Soil Conservation Service. In the event of disposal of the property, the issuance of a permit to a competing applicant, or withdrawal of the property, the permittee shall receive no more than the original cost minus the indicated depreciation costs; or in the alternative, shall be allowed 90 days to remove improvements pursuant to section 65A-7-6(6).

8. If the range improvement project is designed to increase carrying capacity, the permittee shall agree to pay for the increase in AUMs annually starting no later than two years after project completion. The division may allow any increase in fees to be phased-in at 20% per year.

9. The division may participate in cost-sharing of designated range improvement projects, or maintenance of existing range improvement projects, by providing funding in amounts and at rates determined by the division.

10. The division's cost/share portion of the project may be in the form of project materials. In these instances, the permittee shall be required to provide all necessary equipment and manpower to complete the project to specifications required by the division.

R652-50-1200. Additional Leases

Latest version.

If the division determines that there is unused forage available on a parcel of sovereign land resulting from temporary conditions, it may issue an additional permit or permits. These permit(s) shall be issued in accordance to R652-50-400. Existing permittees shall have a first right of refusal to unused forage.

R652-50-1300. Rights Reserved to the Division

Latest version.

In all grazing permits the division shall expressly reserve the right to:

1. issue special use leases, timber sales, materials permits, easements, rights of entry and any other interest in the sovereign land.

2. issue permits for the harvesting of seed from plants on the sovereign land. If loss of use occurs from harvesting activities, a credit for the amount of loss shall be made to the following year's assessment.

3. enter upon and inspect the sovereign land or to allow scientific studies upon sovereign land at any reasonable time.

4. allow the public the right to use the sovereign land for purposes and periods of time permitted by division policy and division rules. However, nothing in these rules purports to authorize trespass on private land to reach sovereign land.

5. require that all water rights on sovereign land be filed in the name of the state and to require express written approval prior to the conveyance of water off sovereign land.

6. close roads for the purpose of range or road protection, or other administrative purposes.

7. dispose of the property without compensation to the permittee, subject to R652-50-1100(7).

8. terminate a grazing permit in order to facilitate higher and better uses of sovereign lands.

R652-50-1400. Trespass

Latest version.

1. Unauthorized activities which occur on sovereign land shall be considered trespass and damages shall be assessed pursuant to 65A-3-1. These activities include:

(a) The use of forage at times and at places not authorized in the permit.

(b) The placement of numbers of livestock on the sovereign land which, if left on the sovereign land for the length of time allowed in the permit, would result in forage being used in excess of that authorized by the permit.

(d) The dumping of garbage or any other material on the sovereign land.

2. The permittee shall cooperate with the division in taking civil action against the owners of trespass livestock on sovereign lands to recover damages for lost forage or other values.

R652-50-1500. Trailing Livestock Across Sovereign Land

Latest version.

1. The trailing of livestock across sovereign land by a person not holding a grazing permit may be authorized if no other reasonable means of access is available.

2. Written approval in the form of a right of entry shall be obtained in advance from the division.

3. The authorization to trail livestock across sovereign land shall restrict and limit the route, the number and type of animals, and the time and duration, not to exceed two consecutive days of the trailing.