Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 103 (2025GS)

Sponsor

Rep. Shelley, Troy

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Public Lands Policy Coordinating Office (PLPCO) and the School and Institutional Trust Lands Administration (SITLA) to identify certain roads located on school and institutional trust lands and state lands, with initial focus within certain counties;
• requires PLPCO and SITLA to record with the relevant county recorder's office notice of the roads relevant to state lands and school and institutional trust lands;
• exempts class A, class B, and class C roads from the notice requirements;
• provides requirements for the Division of Wildlife Resources to identify roads within wildlife management areas;
• provides that the Division of Wildlife Resources may not permanently close a road without consent of the legislative body of the county in which the road is located; and
• codifies a provision to ensure that title to a class D road abandoned by a county remains with the state, and provides a process for abandonment of a class D road or R.S. 2477 right-of-way.

Every vote on this bill

Bill text

18
23A-6-303
53C-2-106
63L-11-202
63L-11-205
72-3-105
72-5-305
0
State Land Access Road Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Troy Shelley
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill requires certain state entities to identify and record notice of roads that traverse 
certain lands owned by the state.
Highlighted Provisions:
This bill:
requires the Public Lands Policy Coordinating Office (PLPCO) and the School and 
Institutional Trust Lands Administration (SITLA) to identify certain roads located on 
school and institutional trust lands and state lands, with initial focus within certain 
counties;
requires PLPCO and SITLA to record with the relevant county recorder's office notice of 
the roads relevant to state lands and school and institutional trust lands;
exempts class A, class B, and class C roads from the notice requirements; 
provides requirements for the Division of Wildlife Resources to identify roads within 
wildlife management areas;
provides that the Division of Wildlife Resources may not permanently close a road 
without consent of the legislative body of the county in which the road is located; and
codifies a provision to ensure that title to a class D road abandoned by a county remains 
with the state, and provides a process for abandonment of a class D road or R.S. 2477 
right-of-way.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23A-6-303
, as renumbered and amended by Laws of Utah 2023, Chapter 103
63L-11-202
, as last amended by Laws of Utah 2024, Chapter 36
72-3-105
, as last amended by Laws of Utah 2000, Chapter 324
72-5-305
, as renumbered and amended by Laws of Utah 1998, Chapter 270
ENACTS:
53C-2-106
, Utah Code Annotated 1953
63L-11-205
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
23A-6-303
 is amended to read:
23A-6-303
. Review and adoption of management plans.
(1)
The division shall submit a draft management plan to the Resource Development 
Coordinating Committee created in Section 
63L-11-401
 and the Habitat Council created 
by the division for their review and recommendations.
(2)
The division shall submit a draft management plan and any recommendations received 
from the Resource Development Coordinating Committee and the Habitat Council to:
(a)
the regional advisory council for the wildlife region in which the lands covered by 
the management plan are located; and
(b)
the regional advisory council for a wildlife region that may be affected by the 
management plan.
(3)
A regional advisory council reviewing a draft management plan may make 
recommendations to the director.
(4)
The director may adopt the management plan, adopt the management plan with 
amendments, or reject the management plan.
(5)
(a)
At the request of the director or a member of the Wildlife Board, the Wildlife 
Board may review a management plan to determine whether the plan is consistent 
with Wildlife Board policies.
(b)
The director may amend a management plan in accordance with recommendations 
made by the Wildlife Board.
(6)
Neither the division nor the director may permanently close a road within a wildlife 
management area as part of a management plan without consent of the county legislative 
body within which the wildlife management area is located.
Section 2, Section 
53C-2-106
 is enacted to read:
53C-2-106
. Identification and recording of public roads located on trust lands.
(1)
The director shall:
(a)
subject to Subsection 
(2)
, using the State Geographic Information Database created 
in Section 
63A-16-506
, and other available information, identify temporary public 
easements or rights of entry granted pursuant to Section 
72-5-203
 for roads located 
on trust lands within each county; and
(b)
subject to Section 
72-5-203
, record with the county recorder of the county in which 
the temporary public easement or right of entry is located a grant or permanent 
easement as described in Subsection (4) that gives notice of the existence of the 
public road.
(2)
(a)
Subject to Subsection 
(2)(b)
, the director may complete the requirements of 
Subsection 
(1)
 over time and as resources allow.
(b)
For Carbon County, Garfield County, Grand County, Kane County, San Juan 
County, Uintah County, and Wayne County, the director shall complete the 
requirements described in Subsection 
(1)
 on or before January 5, 2026.
(3)
The director is not required to identify or record notice of any class A, class B, or class 
C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
(4)
The grant of easement required in Subsection 
(1)(b)
 shall include:
(a)
a requirement that the roads remain open for public use; and
(b)
a legal description, as described in Subsection 
57-3-105(4)
, of the relevant roads 
sufficient for reasonable identification of the road.
(5)
(a)
If a parcel of trust lands is subject to a sale or an exchange as provided in this title, 
the director shall ensure that the requirements of Subsection 
(1)
 are completed before 
the sale or exchange is finalized.
(b)
The sale or exchange of trust lands is subject to the grant of permanent easement 
existing at the time of the sale or exchange.
Section 3, Section 
63L-11-202
 is amended to read:
63L-11-202
. Powers and duties of the office and executive director.
(1)
The office shall:
(a)
make a report to the Constitutional Defense Council created under Section 
63C-4a-202
 concerning R.S. 2477 rights and other public lands issues under Title 
63C, Chapter 4a, Constitutional and Federalism Defense Act;
(b)
provide staff assistance to the Constitutional Defense Council created under Section 
63C-4a-202
 for meetings of the council;
(c)
(i)
prepare and submit a constitutional defense plan under Section 
63C-4a-403
; and
(ii)
execute any action assigned in a constitutional defense plan;
(d)
develop public lands policies by:
(i)
developing cooperative contracts and agreements between the state, political 
subdivisions, and agencies of the federal government for involvement in the 
development of public lands policies;
(ii)
producing research, documents, maps, studies, analysis, or other information that 
supports the state's participation in the development of public lands policy;
(iii)
preparing comments to ensure that the positions of the state and political 
subdivisions are considered in the development of public lands policy; and
(iv)
partnering with state agencies and political subdivisions in an effort to:
(A)
prepare coordinated public lands policies;
(B)
develop consistency reviews and responses to public lands policies;
(C)
develop management plans that relate to public lands policies; and
(D)
develop and maintain a statewide land use plan that is based on cooperation 
and in conjunction with political subdivisions;
(e)
facilitate and coordinate the exchange of information, comments, and 
recommendations on public lands policies between and among:
(i)
state agencies;
(ii)
political subdivisions;
(iii)
the 
Office
Center
 of Rural Development created under Section 
63N-4-102
;
(iv)
the coordinating committee;
(v)
School and Institutional Trust Lands Administration created under Section 
53C-1-201
;
(vi)
the committee created under Section 
63A-16-507
 to award grants to counties to 
inventory and map R.S. 2477 rights-of-way, associated structures, and other 
features; and
(vii)
the Constitutional Defense Council created under Section 
63C-4a-202
;
(f)
perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9, 
Chapter 8a, Part 4, Historic Sites;
(g)
consistent with other statutory duties, encourage agencies to responsibly preserve 
archaeological resources;
(h)
maintain information concerning grants made under Subsection (1)(j), if available;
(i)
report annually, or more often if necessary or requested, concerning the office's 
activities and expenditures to:
(i)
the Constitutional Defense Council; and
(ii)
the Legislature's Natural Resources, Agriculture, and Environment Interim 
Committee jointly with the Constitutional Defense Council;
(j)
make grants of up to 16% of the office's total annual appropriations from the 
Constitutional Defense Restricted Account to a county or statewide association of 
counties to be used by the county or association of counties for public lands matters if 
the executive director, with the advice of the Constitutional Defense Council, 
determines that the action provides a state benefit;
(k)
conduct the public lands transfer study and economic analysis required by Section 
63L-11-304
; 
and
(l)
fulfill the duties described in Section 
63L-10-103
.
; and
(m)
perform the duties described in Section 
63L-11-205
.
(2)
The executive director shall comply with Subsection 
63C-4a-203
(8) before submitting a 
comment to a federal agency, if the governor would be subject to Subsection 
63C-4a-203
(8) in submitting the comment.
(3)
The office may enter into an agreement with another state agency to provide 
information and services related to:
(a)
the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and Classification 
Act;
(b)
legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and Classification 
Act, or R.S. 2477 matters; or
(c)
any other matter within the office's responsibility.
(4)
In fulfilling the duties under this part, the office shall consult, as necessary, with:
(a)
the Department of Natural Resources;
(b)
the Department of Agriculture and Food;
(c)
the Department of Environmental Quality;
(d)
other applicable state agencies;
(e)
political subdivisions of the state;
(f)
federal land management agencies; and
(g)
elected officials.
Section 4, Section 
63L-11-205
 is enacted to read:
63L-11-205
. Identification and recording of public roads located on state-owned 
public lands.
(1)
As used in this section, "state land" means land owned by:
(a)
the Department of Natural Resources;
(b)
the Division of Forestry, Fire, and State Lands;
(c)
the Division of State Parks; and
(d)
any other state land management agency.
(2)
(a)
In coordination with the relevant owner, the executive director shall:
(i)
subject to Subsection 
(3)
, using the State Geographic Information Database 
created in Section 
63A-16-506
, and other available information, identify roads 
located on state land; and
(ii)
subject to Subsection 
(2)(b)
, record with the county recorder of the county in 
which the state land is located a document as described in Subsection (5) that 
gives notice of the existence of the public road or right-of-way.
(b)
The executive director may not record a notice described in Subsection 
(2)(a)(ii)
 for 
a road on state land that is owned by the Division of Wildlife Resources until the land 
is sold or exchanged as described in Subsection 
(6)
.
(3)
(a)
Subject to Subsection (3)(b), the executive director may complete the 
requirements of Subsection (2) over time and as resources allow.
(b)
For Carbon County, Garfield County, Grand County, Kane County, San Juan 
County, Uintah County, and Wayne County, the executive director shall complete the 
requirements described in Subsection (2) on or before January 5, 2026.
(4)
The executive director is not required to identify or record notice of any class A, class 
B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways 
in General.
(5)
The notice required in Subsection (2)(a)(ii) shall include:
(a)
a title identifying the roads as "Public Access"; and
(b)
a legal description, as described in Subsection 
57-3-105(4)
, of the relevant roads or 
rights-of-way sufficient for reasonable identification of the road.
(6)
(a)
If a parcel of state land is subject to a sale or an exchange, the executive director 
shall ensure that the requirements of Subsection (2) are completed before the sale or 
exchange is finalized.
(b)
The sale or exchange of state land is subject to the public access rights existing at the 
time of the sale or exchange.
(7)
(a)
The Division of Wildlife Resources shall identify roads within a wildlife 
management area in the respective property's habitat management plan, as required in 
Section 
23A-6-302
.
(b)
For any road identified under Subsection (7)(a), the Division of Wildlife Resources 
may:
(i)
temporarily close a road for the benefit of wildlife; and
(ii)
permanently close roads for the benefit of wildlife only:
(A)
through the habitat management plan review and approval process in Section 
23A-6-303
; and
(B)
beginning on May 7, 2025, with consent of the county legislative body within 
which the road is located.
(c)
Notwithstanding Subsection 
(7)(b)
, the Division of Wildlife Resources 
may close a 
road for the benefit of wildlife if:
(i)
there is an alternative road that will remain open that provides reasonable access 
to the same area;
(ii)
the road to be closed forks from the alternative road that will remain open;
(iii)
the road to be closed is less traveled than the alternative road that will remain 
open;
(iv)
the road to be closed travels in approximately the same direction as the 
alternative road that will remain open; and
(v)
the road to be closed intersects with the alternative road that will remain open 
within 2,000 feet of the location where the road to be closed forks from the road 
that will remain open.
(d)
(i)
The Division of Wildlife Resources shall record with the county in which the 
wildlife management area property is located, any road on or across the wildlife 
management area prior to any sale or exchange of any wildlife management area 
property.
(ii)
The sale or exchange of Division of Wildlife Resources land is subject to the 
public access rights existing at the time of the sale or exchange.
Section 5, Section 
72-3-105
 is amended to read:
72-3-105
. Class D roads -- Maps to be prepared by county -- Indication of roads.
(1)
As used in this section, "class D road" means any road, way, or other land surface route 
that has been or is established by use or constructed and has been maintained to provide 
for usage by the public for vehicles with four or more wheels that is not a class A, class 
B, or class C road under this title
, or an R.S. 2477 right-of-way, as that term is defined in 
Section 
72-5-301
.
(2)
Each class D road is part of the highway and road system within the state with the same 
force and effect as if the class D road had been included within this system upon its 
being first established or constructed.
(3)
The state and county have joint undivided interest in the title to all rights-of-way for 
class D roads.
(4)
(a)
The
Subject to Subsection 
(4)(b)
, the
 county governing body exercises sole 
jurisdiction and control of class D roads within the county.
(b)
If a county vacates or abandons a class D road, the department exercises sole 
jurisdiction and control of the class D road.
(5)
(a)
Each county shall prepare maps showing to the best of its ability the class D roads 
within its boundaries which were in existence as of October 21, 1976. 
(b)
Preparation of these maps may be done by the county itself or through any 
multi-county planning district in which the county participates.
(6)
Any class D road which is established or constructed after October 21, 1976, shall be 
reflected on maps prepared as provided in Subsection 
(5)
.
(7)
The county shall provide a copy of any map under Subsection 
(5)
 or 
(6)
 upon 
completion to the department.
(8)
(a)
The department shall scribe each road shown on its own county map series. 
(b)
The department is not responsible for the validity of any class D road and is not 
responsible for its being inventoried. 
(c)
The department shall also keep on file an historical map record of the roads as 
provided by the counties.
(9)
(a)
If a county vacates or abandons the county's class D road interest in a road within 
the county, the right-of-way remains open for public use unless the department, in 
consultation with the Public Lands Policy Coordinating Office created in Section 
63L-11-201
, determines that the road or right-of-way:
(i)
does not provide a benefit to the state in a manner consistent with the principles of 
multiple use and sustained yield as described in Section 
63L-8-103
; or
(ii)
is not used to access public or private land.
(b)
Before a county may vacate or abandon the county's right-of-way interest in a class 
D road, the county shall provide to the department 180 days in advance of taking the 
action a written notice that includes the following:
(i)
a legal description and map of the portion of the class D road for which the county 
intends to abandon the county's interest;
(ii)
a statement affirming that all gates and locks, whether or not installed or 
authorized by the county, and all county agreements, have been removed from the 
portion to be vacated; and
(iii)
documentation that the portion to be vacated is shown as a class D road in the 
county recorder's office.
(c)
A county may not vacate or abandon the county's right-of-way interest in a class D 
road without the approval of the department.
(d)
A person may not place a lock or a gate on a class D road right-of-way over which 
the department exercises sole jurisdiction.
(10)
(a)
A county and the department are not required to maintain a class D road.
(b)
An individual who travels on a class D road does so at the individual's own risk.
Section 6, Section 
72-5-305
 is amended to read:
72-5-305
. Term of grant -- Abandonment.
(1)
In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an 
R.S. 2477 right-of-way is established for a perpetual term.
(2)
(a)
Abandonment of any R.S. 2477 right-of-way shall only take place in accordance 
with the procedures in 
Part 1, Public Highways
, of this chapter.
(b)
If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the 
right-of-way shall revert to the state.
(c)
To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political 
subdivision shall:
(i)
comply with Subsection 
72-3-105(9)
; and
(ii)
provide notice of abandonment to the director of the Public Lands Policy 
Coordinating Office created in Section 
63L-11-201
.
(3)
The passage of time or the frequency of use of an R.S. 2477 right-of-way is not 
evidence of waiver or abandonment of the R.S. 2477 right-of-way.
(4)
An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the 
public domain.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 12:50 PM