79-5 - Recreational Trails
Title 79 > 79-5
Sections (11)
General Provisions
79-5-101 - Title.
This chapter is known as “Recreational Trails.”
Enacted by Chapter 344, 2009 General Session
79-5-102 - Definitions.
As used in this chapter:
(1) “Committee” means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206.
(2) “Division” means the Division of Outdoor Recreation.
(3) “Recreational trail” or “trail” means a multi-use path used for: muscle-powered activities, including:bicycling;cross-country skiing;walking;jogging; andhorseback riding; anduses compatible with the uses described in Subsection 79-Ch79_5|(3)], including the use of an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102.
Amended by Chapter 68, 2022 General Session
79-5-103 - Division to plan and develop recreational trails in cooperation with public and private entities — Priorities.
(1) The division shall plan and develop a recreational trail system throughout the state that: provides for outdoor recreation needs; andfacilitates access to, travel within, and enjoyment and admiration of the outdoors.
(2) To assure that an integrated trails network is achieved, the division shall coordinate the planning and development of trails with: federal land management agencies;local governments;private landowners; andstate agencies.
(3) The division shall give priority to establishing trails that: cross public lands;are in proximity or accessible to urban areas;implement rail-to-trail conversions pursuant to the National Trails System Act, 16 U.S.C. Sec. 1241 et seq.;provide linkage to existing trails; andprovide linkage or access to natural, scenic, historic, or recreational areas of statewide significance.
Renumbered and Amended by Chapter 344, 2009 General Session
Trail Development
79-5-301 - Guidelines for the establishment of trails.
In establishing trails, the division shall:
(1) develop and manage the trails to harmonize with and complement any existing or planned land uses;
(2) locate and design trails according to an overall plan that provides for: interconnecting routes, where feasible; andconsideration of safety; and
(3) select trails to minimize adverse effects on: an adjacent landowner or user and the landowner’s or user’s property or operations;wildlife; andthe natural environment.
Renumbered and Amended by Chapter 344, 2009 General Session
79-5-302 - Recreational trail categories.
The division may plan and develop the following categories of recreational trails as part of the state trails system:
(1) cross-state trails that connect scenic, natural, historic, geologic, geographic, or other significant features;
(2) water-oriented trails that provide a path to or along lakes, streams, or reservoirs;
(3) scenic-access trails that give access to recreation, scenic, natural, historic, or cultural areas;
(4) urban trails that connect parks, scenic and natural areas, historical sites, and neighboring communities within a county of the first or second class; and
(5) interpretive trails that identify: historic routes; andsignificant natural features.
Renumbered and Amended by Chapter 344, 2009 General Session
79-5-303 - Establishment of uniform signs and markers.
The division, in consultation with appropriate federal, state, and local government agencies and private organizations, shall establish uniform signs and markers for the system of recreational trails.
Renumbered and Amended by Chapter 344, 2009 General Session
79-5-304 - Public hearings required.
(1) Prior to establishing any recreational trail under the jurisdiction and control of the division, the division shall conduct a public hearing in the area or areas of the state where the trail is proposed to be located.
(2) Information to be considered at the hearings shall include the following: the proposed route of the trail and the recommended modes of travel to be permitted on it;any plans to utilize areas adjacent to the trail for scenic, historic, natural, cultural, or developmental purposes;the characteristics that, in the judgment of the division, make the proposed trail suitable as a recreational trail;the current status of land ownership and the current and potential use of land along the designated route;the estimated cost of acquisition of lands or any interest in lands;the plans and estimated costs for developing and maintaining the trail;any plans for sharing the costs of developing, operating, and maintaining the trail among state, federal, and local governmental entities and private organizations;any anticipated problems of policing the trail; andany anticipated hazards to private lands adjacent to the trail.
Renumbered and Amended by Chapter 344, 2009 General Session
Trail Operation and Maintenance
79-5-401 - Cooperative agreements.
The division may enter into cooperative agreements with federal, state, or local governmental entities, private landowners, or private corporations that specify the responsibilities of each entity for the development, operation, and maintenance of trails, including law enforcement along trails.
Renumbered and Amended by Chapter 344, 2009 General Session
Trail Funding
79-5-501 - Grants — Matching funds requirements — Rules.
(1) The division, after consultation with the committee, may give grants to federal government agencies, state agencies, or local governments for the planning, acquisition, and development of trails within the state’s recreational trail system with funds appropriated by the Legislature for that purpose.Each grant recipient must provide matching funds as established by the division by rule.The division may allow a grant recipient to provide property, material, or labor in lieu of money, provided the grant recipient’s contribution has a value that is equal to or greater than the grant funds received.
(2) The division, after consultation with the committee, shall: make rules setting forth procedures and criteria for the awarding of grants for recreational trails; anddetermine to whom grant funds shall be awarded after considering the recommendations of and after consulting with the committee and the division.
(3) Rules for the awarding of grants for recreational trails shall provide that: each grant applicant must solicit public comment on the proposed recreational trail and submit a summary of that comment to the division;each trail project for which grant funds are awarded must conform to the criteria and guidelines specified in Sections 79-5-103, 79-5-301, and 79-5-302; andtrail proposals that include a plan to provide employment opportunities for youth, including at-risk youth, in the development of the trail is encouraged.
(4) As used in this section, “at-risk youth” means youth who: are subject to environmental forces, such as poverty or family dysfunction, that may make them vulnerable to family, school, or community problems;perform poorly in school or have failed to complete high school;exhibit behaviors that have the potential to harm themselves or others in the community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; orhave already engaged in behaviors harmful to themselves or others in the community.
Amended by Chapter 68, 2022 General Session
79-5-502 - Donations.
The division may receive, from any person, donated funds, property, or services for specified or nonspecified uses associated with the planning, acquisition, development, and administration of recreational trails.
Renumbered and Amended by Chapter 344, 2009 General Session
79-5-503 - Bonneville Shoreline Trail Program.
(1) There is created within the division the Bonneville Shoreline Trail Program.
(2) The program shall be funded from the following sources: appropriations made to the program by the Legislature; andcontributions from other public and private sources.
(3) Money appropriated to the Bonneville Shoreline Trail Program is nonlapsing.
(4) The Bonneville Shoreline Trail is intended to: follow on or near the old Lake Bonneville shoreline terrace near the foot of the Wasatch Mountains from Juab County through Cache County; andprovide continuous and safe trails.
(5) The program money shall be used to provide grants to local governments for the planning, development, construction, and the acquisition of key parcels of land of the Bonneville Shoreline Trail.Grant recipients shall provide matching funds in accordance with Section 79-5-501.
Amended by Chapter 68, 2022 General Session