R657-28-24. Rights-of-Way Leases, Leases of Division Lands, Special Use Permits -- Final Determination -- Project Review -- Contract Provisions

(1) Within 60 days of receiving the application fee and information required in Section R657-28-23, or 60 days of granting conditional approval, whichever is greater, the division director or the director's designee shall make a final determination to affirm or modify the conditional approval or deny the application.

(2) The director or the director's designee shall deny an application if:

(a) the application does not include the information requested by the division;

(b) the potential impact to wildlife, wildlife habitat, public recreation, or cultural or historic resources is unacceptable;

(c) the applicant has not, in the opinion of the division, adequately considered ways to avoid or minimize impacts or proposed adequate compensatory mitigation plans for unavoidable impacts, including cumulative impacts;

(d) there are, in the opinion of the division, alternative locations reasonably available on lands not owned by the division for the requested use, including organized events that may harm wildlife or wildlife habitat, utilities, telecommunications structures, transmission lines, canals, ditches, pipelines, tunnels, fences, roads, and trails; or

(e) if the applicant's project affects property in which a third party has contractual or legal oversight rights and the project is rejected by that party.

(f) the applicant is in default on any previous obligation to the division.

(3) If the application is denied, the division shall provide a written notice to the applicant.

(4) A right-of-way lease or other form of lease may include provisions requiring the applicant to:

(a) Restore all structures including fences, roads, and existing facilities, and regrade as nearly as practical to the pre-project grade and contour, and revegetate the impacted area to division specifications;

(b) Adhere to the terms of the applicant's approved project plan prescribed in Subsection R657-28-23(1)(d)(iii); and

(c) Pay for surveys, environmental assessments, environmental impact statements, appraisals, restoration, re-vegetation, compensatory mitigation, and all other expenses associated with the project.

(5) A special use permit shall include any applicable provision prescribed in Subsection (4).

(6) A right-of-way lease or division land lease may be granted for a maximum of 30 years from the date of signing; however, the division explicitly reserves the right to grant leases for shorter periods.

(7) The termination date for a lease will be determined by the division after assessing the activity applied for and the needs of the lessee.

(8) A special use permit may only be granted for a maximum period of one year from the date of signing.