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Utah State Land Right-of-Way (3-UT-b)

Information current as of 2020
Any person (developer) may need an easement from the Utah Division of Forestry, Fire and State Lands (UFFSL) if a project requires access on, through, or over any state land. Utah Code § 65A-7-8.

The UFFSL administers the issuance of easements on or over any state lands pursuant to Utah Code § 65A-7-8. UFFSL has established regulations and price schedules for easements. The developer should contact UFFSL for more information on the easement process in Utah.

State Land Right-of-Way Process

3-UT-b.1 – Easement Application, Filing Fee, and Advertising Deposit

A developer must submit an easement application to the Utah Division of Forestry, Fire and State Lands (UFFSL) if a project requires access on, through, or over any state land. Utah Code § 65A-7-8. Applications for easements should be filed in the UFFSL office and will be immediately stamped with the exact date of filing Utah Admin. Code § R652-40-700.

The filing of an application form is deemed to constitute the developer's offer to purchase an easement under the conditions contained in the conveyance document. Utah Admin. Code § R652-40-700.

3-UT-b.2 to 3-UT-b.3 – Review Application Materials for Completeness

Upon receipt of an application, the UFFSL will review the application for completeness. Developers submitting incomplete applications will be provided written notice of incompleteness and allowed 60 days to cure the deficiency. Incomplete applications not remedied within the 60-day period may be denied. Utah Admin. Code § R652-40-700.

3-UT-b.4 – Review Application and Notify Applicant of Easement Charge

The UFFSL reviews the application and notifies the developer of the charges. Utah Admin. Code § R652-40-600. Failure to pay the charges within 60 days of mailing of notification shall cause the denial of the application. Utah Admin. Code § R652-40-400. The UFFSL may establish price schedules for easements based on the cost incurred by the division in administering the easement and the fair-market value of the particular use. Utah Admin. Code § R652-40-600.

3-UT-b.5 to 3-UT-b.6 – Easement Document

The developer must execute the easement and returned it to the UFFSL within 60 days from the date of developer's receipt of the written easement. Failure to execute and return the documents to the division within the 60-day period may result in cancellation of the conveyance and the discharge of any obligation of the division arising from the approval of the application Utah Admin. Code § R652-40-700.

Easements granted under these rules shall normally be for no greater than a 30 year term. Longer or shorter terms may be granted upon application if the UFFSL director determines that such a grant is in the best interest of the beneficiaries Utah Admin. Code § R652-40-800.

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Contact Information

Edit Utah Department of Natural Resources
State Easement Process and Geothermal Steam Leasing (Utah Non-Trust Lands) Contact 801.538.5540 lauraault@utahabbazabbagov Visit Website