23A-13 - Migratory Bird Production Area

Title 23A > 23A-13

Sections (8)

General Provisions

23A-13-101 - Definitions.

As used in this chapter: 23A-13-101(1) “Migratory bird” means the same as that term is defined in 16 U.S.C. Sec. 715j. 23A-13-101(2) “Migratory bird production area” means an area of land that is:

created under this chapter; and used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B).

Migratory Bird Production Area

23A-13-201 - Creation of a migratory bird production area.

23A-13-201(1) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres of land in an unincorporated area may dedicate the land as a migratory bird production area by filing a notice of dedication with the county recorder of the county in which the land is located.The notice of dedication shall contain:the legal description of the land included within the migratory bird production area;the name of the owner or owners of the land included within the migratory bird production area; andan affidavit signed by each landowner that all of the land, except as provided by Subsection (2), within the migratory bird production area is:actively managed for migratory bird:production;habitat; orhunting; andused for a purpose compatible with the purposes described in Subsection (1)(b)(iii)(A).A person who files a notice of dedication under this section shall give a copy of the notice of dedication within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located. 23A-13-201(2) The notice of dedication may designate land, the amount of which is less than 1% of the total acreage within a migratory bird production area, upon which the landowner may build a structure described in Subsection 23A-13-302(1)(c).An owner may build or maintain a road, dike, or water control structure within the migratory bird production area.A road, dike, or water control structure is not considered a structure for purposes of Subsection (2)(a). 23A-13-201(3) Within 30 days of the day on which the county legislative body receives a copy of the notice of dedication under Subsection (1)(c), the county legislative body may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to cancel or revise a migratory bird production area on the basis that an affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.In bringing the action, the county legislative body shall specify the portion of the migratory bird production area and the affidavit subject to the action.In an action brought under this Subsection (3), the person who files an affidavit described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that the affidavit is accurate.If the court cancels or revises a migratory bird production area, the person who filed the original notice of dedication shall file a revision notice with the county recorder reflecting the court’s order. 23A-13-201(4) In accordance with Section 23A-13-202, a person may at any time add land to a migratory bird production area created under this section.

23A-13-202 - Adding to or removing land from a migratory bird production area.

23A-13-202(1) Subject to the other provisions of this section, a landowner may file a revision notice with the county recorder of the county in which the migratory bird production area is located to add land to or remove land from a migratory bird production area. 23A-13-202(2) The revision notice shall contain:

a legal description of the land added to or removed from the migratory bird production area; and the name of the owner or owners of the land added to or removed from the migratory bird production area. 23A-13-202(3) A person who files a revision notice under this section shall give a copy of the revision notice within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located. 23A-13-202(4) If removing land from a migratory bird production area results in a migratory bird production area of less than 300 contiguous acres:

the migratory bird production area ceases to exist; and the landowner shall: notify each landowner within the former migratory bird production area; and file the revision notice required by this section for the entire migratory bird production area. 23A-13-202(5) A landowner may add land to a migratory bird production area only if:

the land to be added is contiguous to the migratory bird production area; and all the landowners of the contiguous land to be added to the migratory bird production area consent to the contiguous land being added to the migratory bird production area. 23A-13-202(6) A landowner of a migratory bird production area may include an easement in the migratory bird production area if:

the landowner owns the easement; the easement is on land that is contiguous to the migratory bird production area; and the owner of the land where the easement is located consents to the easement being included in the migratory bird production area.

Protections

23A-13-301 - Farmland Assessment Act.

23A-13-301(1) Creation of a migratory bird production area does not impair the ability of land within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act. 23A-13-301(2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, is determined exclusively by that act, notwithstanding the land’s location within a migratory bird production area.

23A-13-302 - Limitations on local regulations.

23A-13-302(1) A county within which a migratory bird production area is located shall encourage the continuity, development, and viability of the migratory bird production area. Except as otherwise specifically provided in this chapter, the purposes, uses, and activities of a migratory bird production area described in this chapter are afforded the highest priority of use status. A structure, improvement, or activity historically or customarily used in conjunction with a migratory bird production area is considered a permitted use under the county’s zoning law, ordinance, or regulation. 23A-13-302(2) A county within which a migratory bird production area is located may not:

enact a law, ordinance, or regulation that unreasonably restricts an activity normally associated with the migratory bird production area; change the zoning designation of, or a zoning regulation applying to land within a migratory bird production area unless the county receives written approval for the change from all the landowners within the migratory bird production area; or enact a law, ordinance, or regulation concerning the use, operation, or discharge of a firearm on a migratory bird production area. 23A-13-302(3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if it restricts or impairs the purposes, uses, and activities historically or customarily associated with a migratory bird production area.

23A-13-303 - Nuisances.

23A-13-303(1) A county shall exclude the activities described in Subsection (1)(b) from the definition of public nuisance in a county law or ordinance regulating a public nuisance.An activity or occurrence normally associated with a migratory bird production area is not a nuisance, including:hunting;discharging a firearm;improving habitat;trapping;eradicating weeds;discing;planting;impounding water;raising a bird or other domestic animal;grazing;an activity conducted in the normal course of an agricultural operation as defined in Section 4-44-102; andan odor. 23A-13-303(2) In a civil action for nuisance or a criminal action for public nuisance under Section 76-9-1301, it is a complete defense if the action is:normally associated with a migratory bird production area;conducted within a migratory bird production area; andnot in violation of federal or state law. 23A-13-303(3) An owner of a new development located in whole or in part within 1,000 feet of a migratory bird production area shall provide the following notice on a plat filed with the county recorder:“Migratory Bird Production AreaThis property is located in the vicinity of an established migratory bird production area in which hunting and activities related to the management and operation of land for the benefit of migratory birds have been afforded the highest priority use status. It can be anticipated that these uses and activities may now or in the future be conducted on land within the migratory bird production area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from activities normally associated with a migratory bird production area.”

23A-13-304 - Annexation restrictions.

A municipality may annex real property within a migratory bird production area as provided by Title 10, Chapter 2, Part 8, Annexation.

23A-13-305 - Application of Water Quality Act.

A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act .