Utah § 51a-103 - Declaration of catastrophic public nuisance -- Authority to declare and demand abatement.
Full text of Utah Utah Code § 51a-103 — Declaration of catastrophic public nuisance -- Authority to declare and demand abatement., with citation guidance and answers to common questions.
§ 51a-103. Declaration of catastrophic public nuisance -- Authority to declare and demand abatement.
Effective 5/14/2019 11-51a-103.
Declaration of catastrophic public nuisance -- Authority to declare and demand abatement.
(1)
The chief executive officer of a political subdivision or a county sheriff may determine that a catastrophic public nuisance exists on land within the borders of the political subdivision.
(2)
In evaluating whether a catastrophic public nuisance exists, the chief executive officer of a political subdivision or a county sheriff may consider:
(a)
tree density and overall health of a forested area, including the fire regime condition class;
(b)
insect and disease infestation, including insect and disease hazard ratings;
(c)
fuel loads;
(d)
forest or range type;
(e)
slope and other natural characteristics of an area;
(f)
watershed protection criteria;
(g)
weather and climate; and
(h)
any other factor that the chief executive officer of a political subdivision or a county sheriff reasonably considers to be relevant, under the circumstances.
(3)
Except as provided in Section 11-51a-104, upon making the determination described in Subsection (1), the chief executive officer of a political subdivision or a county sheriff shall after consultation with the attorney general:
(a)
serve notice of the determination described in Subsection (1), by hand or certified mail, on the federal or state agency that manages the land upon which the catastrophic nuisance exists; and
(b)
provide a copy of the determination that is served under Subsection (3)(a) to, together with a proposed detailed abatement plan:
(i)
the governor;
(ii)
the attorney general;
(iii)
if the catastrophic public nuisance exists on federally managed land, the state's congressional delegation;
(iv)
the chairs of the Executive Appropriations Committee of the Legislature; and
(v)
the Office of the Legislative Fiscal Analyst.
(4)
The notice described in Subsection (3)(a) shall include:
(a)
a detailed explanation of the basis for determination that a catastrophic public nuisance exists on the land in question;
(b)
a demand that the federal or state agency formulate a plan to abate the catastrophic nuisance; and
(c)
a specific date, no less than 30 days after the day on which the notice is received, by which time the federal or state agency that manages the land shall:
(i)
abate the catastrophic public nuisance; or
(ii)
produce a plan for mitigating the catastrophic public nuisance that is reasonably acceptable to the county or subdivision.
(5)
The chief executive officer of a political subdivision or a county sheriff may enter into a plan with the relevant federal or state agency, or both, to abate the catastrophic public nuisance.
(6)
If, after receiving the notice described in Subsections (3)(a) and (4), the federal or state agency does not respond by the date requested in the notice or otherwise indicates that the federal or state agency is unwilling to take action to abate the catastrophic public nuisance, the chief executive officer of a political subdivision or a county sheriff shall consult with the county attorney and attorney general.
Section 51a-103 ("Declaration of catastrophic public nuisance -- Authority to declare and demand abatement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 51a-103?
A common citation format is "Utah Code § 51a-103" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 51a-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
