R657-28-25. Right-of-Way Leases, Division Land Leases, Special Use Permits -- Compensation

(1) The division shall receive compensation for all right-of-way leases, division land leases, and special use permits consistent with the following requirements:

(a) Compensation may be based on:

(i) the cost incurred to the division in evaluating and preparing the right-of-way lease, division land lease, or special use permit;

(ii) the cost incurred by the division in administering the right-of-way lease, division land lease, or special use permit ;

(iii) the appraised value of the affected property;

(iv) the fair market value of the use;

(v) fee schedule set forth by the Utah Legislature;

(vi) impacts to wildlife and wildlife habitat;

(vii) impacts to public access; and

(viii) impacts to public opportunities to engage in wildlife related activities.

(b) In lieu of monetary compensation, the division may accept in-kind compensation in the form of, but not limited to, land enhancements, habitat maintenance or improvements, land exchange, public access for wildlife related activities, or other forms of compensation that are beneficial to wildlife management and the division's statutory responsibilities.

(2) Every right-of-way lease, division land lease, and special use permit shall be documented in writing and contain the following information:

(a) the names of the parties and other persons involved in the transaction;

(b) the signature of the parties and other persons involved in the transaction. The individual signing on behalf of the applicant must provide evidence he/she is authorized to sign on the applicant's behalf;

(c) a detailed description of the compensation, including compensatory mitigation;

(d) a detailed description of the location, terms, and conditions of the right-of-way lease, division land lease, or special use permit;

(e) a statement that the parties and signatories to the transaction enter therein voluntarily and mutually agree to its terms and conditions;

(f) the commencement and termination date of the right-of-way lease, division land lease, or special use permit.