79-7 - Outdoor Recreation Act
Title 79 > 79-7
Sections (18)
General Provisions
79-7-102 - Definitions.
As used in this chapter:
(1) “Commission” means the Outdoor Adventure Commission created in Section 63C-21-201.
(2) “Division” means the Division of Outdoor Recreation.
Amended by Chapter 68, 2022 General Session
79-7-103 - Policy.
It is the declared policy of the state that outdoor recreation is vital to a diverse economy and a healthy community.
Renumbered and Amended by Chapter 68, 2022 General Session
Division Creation and Administration
79-7-201 - Division of Outdoor Recreation — Creation — Purposes — Rulemaking authority.
(1) There is created within the department the Division of Outdoor Recreation.The division has the purpose of providing, maintaining, and coordinating motorized and nonmotorized recreation within the state as the recreation authority of the state.
(2) The division is under the administration and general supervision of the executive director.The division shall notify the commission as provided in statute on issues related to outdoor recreation.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, when expressly authorized by this chapter:regarding issues related to outdoor recreation; andafter notifying the commission, except for rules made under: Chapter 5, Recreational Trails; andChapter 8, Outdoor Recreation Grants.In accordance with Subsection (3)(a), the division shall make rules governing the collection of charges under Subsection 79-7-203(8).
Amended by Chapter 68, 2022 General Session
79-7-202 - Director — Qualifications — Duties.
(1) The director is the executive and administrative head of the division.
(2) The director shall demonstrate: executive ability; andactual experience and training in the conduct of recreational systems involving both physical development and program.
(3) The director shall: enforce the policies and rules of the division; andperform the duties necessary to:properly care for and maintain any property under the jurisdiction of the division; andcarry out this chapter.
Enacted by Chapter 280, 2021 General Session
79-7-203 - Powers and duties of division.
(1) As used in this section, “real property” includes land under water, upland, and all other property commonly or legally defined as real property.
(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law on property controlled by the division with reference to fish and game.
(3) For purposes of property controlled by the division, the division shall permit multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining, and the development and use of water and other natural resources.
(4) The division may acquire real and personal property in the name of the state by legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.In acquiring real or personal property, the credit of the state may not be pledged without the consent of the Legislature.
(5) Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division’s intention to acquire the property.If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor.
(7) The division shall acquire property by eminent domain in the manner authorized by Title 78B, Chapter 6, Part 5, Eminent Domain.
(8) The division may make charges for special services and use of facilities, the income from which is available for recreation purposes.The division may conduct and operate those services necessary for the comfort and convenience of the public.
(9) The division may lease or rent concessions of lawful kinds and nature on property to persons, partnerships, and corporations for a valuable consideration after notifying the commission.The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in selecting concessionaires.
(10) The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects.
(11) The division shall coordinate with and annually report to the following regarding land acquisition and development and grants administered under this chapter or Chapter 8, Outdoor Recreation Grants:the Division of State Parks; andthe Office of Rural Development.The report required under Subsection (11)(a) shall be in writing, made public, and include a description and the amount of any grant awarded under this chapter or Chapter 8, Outdoor Recreation Grants.
(12) The division shall:coordinate outdoor recreation policy, management, and promotion:among state and federal agencies and local government entities in the state;with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if public land is involved; andon at least a quarterly basis, with the executive director and the executive director of the Governor’s Office of Economic Opportunity;in cooperation with the Governor’s Office of Economic Opportunity, promote economic development in the state by:coordinating with outdoor recreation stakeholders;improving recreational opportunities; andrecruiting outdoor recreation business;administer Chapter 9, Mitigating the Direct Impacts of Tourism and Outdoor Recreation;promote all forms of outdoor recreation, including motorized and nonmotorized outdoor recreation;recommend to the governor and Legislature policies and initiatives to enhance recreational amenities and experiences in the state and help implement those policies and initiatives;in performing the division’s duties, seek to ensure safe and adequate access to outdoor recreation for all user groups and for all forms of recreation;develop data regarding the impacts of outdoor recreation in the state; andpromote the health and social benefits of outdoor recreation, especially to young people.
(13) By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division may:seek federal grants or loans;seek to participate in federal programs; andin accordance with applicable federal program guidelines, administer federally funded outdoor recreation programs.
Amended by Chapter 270, 2025 General Session
79-7-204 - Division authorized to enter into contracts and agreements.
(1) The division, with the approval of the executive director and the governor, may enter into contracts and agreements with the United States, a United States agency, any other department or agency of the state, semipublic organizations, and with private individuals to: provide, improve , maintain , or coordinate motorized and nonmotorized recreation within the state; andsecure labor, quarters, materials, services, or facilities according to procedures established by the Division of Finance.
(2) A department, agency, officer, or employee of the state shall give to the division the consultation and assistance that the division may reasonably request.
Amended by Chapter 183, 2023 General Session
79-7-205 - Support of a nonprofit corporation or foundation.
The division may provide administrative support to a nonprofit corporation or foundation that assists the division in attaining the objectives outlined in the strategic or operational plan.
Enacted by Chapter 280, 2021 General Session
79-7-206 - Utah Outdoor Recreation Infrastructure Advisory Committee.
(1) As used in this section, “committee” means the Utah Outdoor Recreation Infrastructure Advisory Committee created in this section.
(2) There is created within the division the “Utah Outdoor Recreation Infrastructure Advisory Committee” consisting of the following 17 members:the director of the division, who shall act as chair of the committee;the director of the Division of State Parks, or the director of the Division of State Park’s designee; andthe following appointed by the executive director:one nonvoting representative of a federal land agency;one nonvoting representative of National Park Service’s River, Trails, and Conservation Assistance Program;one representative of municipal government, recommended by the Utah League of Cities and Towns;one representative of county government, recommended by the Utah Association of Counties;two representatives of the outdoor industry;two representatives of tourism, with one focused in the hotel or lodging sector;one representative of the healthcare industry;one representative of multi-ability groups or programs;one representative of outdoor recreation education programming;one representative of nonmotorized recreation interests;one representative of youth conservation or service corps organization; andtwo representatives of motorized recreation interests.At least two of the members of the committee appointed under Subsection (2)(a)(iii) shall represent rural interests.
(3) Except as required by Subsection (3)(b), as terms of committee members appointed under Subsection (2)(a)(iii) expire, the division shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (3)(a), the division shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members appointed under Subsection (2)(a)(iii) are staggered so that approximately half of the committee is appointed every two years.The executive director may remove an appointed member of the advisory committee at any time, with or without cause.When a vacancy occurs in the membership for any reason, the executive director shall appoint the replacement for the unexpired term in the same manner as the original appointment.
(4) The majority of voting members of the committee constitutes a quorum and an action of the majority of voting members present when a quorum is present is action by the committee.
(5) The division shall provide administrative staff support for the committee.
(6) A member may not receive compensation or benefits for the member’s service, but a member appointed under Subsection (2)(a)(iii) may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The committee shall advise and make recommendations to the division regarding:nonmotorized recreational trails under Chapter 5, Recreational Trails;grants issued under Chapter 8, Part 2, Recreation Restoration Infrastructure Grant Program;grants issued under Chapter 8, Part 3, Utah Children’s Outdoor Recreation and Education Grant Program; andgrants issued under Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant Program.
Amended by Chapter 357, 2025 General Session
Finances
79-7-301 - Money to be appropriated — Boating account expenses.
(1) The Legislature shall appropriate the money from time to time necessary to carry out the purposes of this chapter to the division to be used by the division in the administration of the powers and duties and in carrying out the objective and purposes prescribed by this chapter.
(2) Departmental operating and administrative expenses for the administration of the boating account of the division shall be charged against that account.
Enacted by Chapter 280, 2021 General Session
79-7-302 - Outdoor recreation facilities — Participation in federal programs — Comprehensive plan.
(1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek a federal grant or loan or participation in a federal program to plan and develop an outdoor recreation resource, including: acquiring land or water; oracquiring an interest in land or water.
(2) The executive director, in cooperation with the state planning coordinator and the state agency or political subdivision responsible for planning, acquisition, and development of outdoor recreation resources, may prepare, maintain, and update a comprehensive plan for the outdoor recreation resources of the state.The executive director shall submit the plan and any plan amendment to the governor for the governor’s review and approval.
(3) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the executive director may: apply to a United States agency for participation in or the receipt of aid from a federal program regarding outdoor recreation;in cooperation with other state agencies, enter into a contract or agreement with the United States or a United States agency;keep financial and other records; andfurnish necessary reports to the United States official or agency.
(4) In connection with obtaining the benefits of an outdoor recreation program, the executive director shall coordinate the department’s activities with and represent the interests of all state agencies and political subdivisions having an interest in the planning, development, and maintenance of the outdoor recreation resource or facility.
(5) The department may act as the agent of the state or a political subdivision to receive and to disburse federal money in accordance with the comprehensive plan.
(6) The executive director may not make a commitment or enter into an agreement as authorized by this section and neither shall the governor approve a commitment or agreement unless sufficient funds are available to the department for meeting the state’s share, if any, of project costs.
(7) To the extent necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to a program participated in by the state under this section, the areas and facilities shall be publicly maintained for outdoor recreation purposes.
(8) The executive director may enter into and administer an agreement with the United States or a United States agency with the governor’s approval for planning, acquisition, and development projects involving participating federal-aid funds on behalf of a political subdivision, if the political subdivision gives necessary assurance to the executive director that: the political subdivision has available sufficient funds to meet the political subdivision’s share, if any, of the cost of the project; andthe political subdivision will operate and maintain an acquired or developed area at the expense of the political subdivision for public outdoor recreation use.
Renumbered and Amended by Chapter 280, 2021 General Session
Enforcement
79-7-402 - Violations of rules.
Unless otherwise provided in this title, a violation of a rule of the division is an infraction.
Enacted by Chapter 280, 2021 General Session
Recreation Coordinated Investment Initiative
79-7-501 - Definitions.
As used in this part:
(1) “Initiative” means the Recreation Coordinated Investment Initiative created in Section 79-7-502.
(2) “Outdoor recreation infrastructure” means the same as that term is defined in 51-9-901.
(3) “Public lands” includes local, state, and federal lands.
Amended by Chapter 41, 2024 General Session
79-7-502 - Recreation Coordinated Investment Initiative.
(1) There is created within the division an initiative known as the “Recreation Coordinated Investment Initiative.”
(2) The initiative is to manage, maintain, expand, restore, and improve outdoor recreation infrastructure on public lands within the state, including building new or expanding existing outdoor recreation infrastructure to address increased usage and to minimize overcrowding or overuse.
(3) Consistent with this part, the division may enter into: a partnership agreement to accomplish the objectives listed in Subsection (2) for outdoor recreation infrastructure, such as a shared stewardship agreement, a challenge cost-share agreement, or other formal agreement; anda recreation management agreement to maintain outdoor recreation infrastructure, including motorized or nonmotorized trails, trail networks, or trails across multiple jurisdictions.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, after notifying the commission, establishing procedures consistent with Subsections (2) and (5) for entering into an agreement described in Subsection (3).
(5) To accomplish the objectives listed in Subsection (2), the initiative shall develop and oversee a project proposal process to: develop statewide priorities that reflect eligibility criteria established under this section, including projects that:are of interest and benefit to recreation users;offer the advantages and effectiveness of participation between state and other land management agencies;would benefit local communities; andcan be completed in a timely manner; andaddress funding amounts allocated in the agreements described in Subsection (3).
(6) The director of the division shall designate staff with relevant expertise or experience to administer the initiative.
(7) The initiative staff shall compile data and provide a performance report to the Natural Resources, Agriculture, and Environment Interim Committee on or before November 1 of each year.An annual performance report under this Subsection (7) shall include for a fiscal year:by source, the initiative’s total annual resources, including partner funds;the total amount of outdoor recreation infrastructure project areas that are benefited by the initiative during the fiscal year;the total amount of trail miles that receive maintenance;the total amount of state funding or in-kind resources that are used to leverage non-state partner resources; andother performance metrics that demonstrate the effectiveness of the initiative.
Enacted by Chapter 145, 2023 General Session
79-7-503 - Funding of initiative.
(1) The initiative is funded from the following sources:appropriations made to the initiative by the Legislature, including any appropriation from the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902; andcontributions, including in-kind assistance, from public and private sources, including a federal agency, state agency, local government, or private entity.
(2) The division may reimburse itself with initiative funds for costs related to administering the initiative.
Amended by Chapter 41, 2024 General Session
Contingency Planning for Management of Federal Land
79-7-601 - Contingency plan for federal property.
(1) As used in this part, “fiscal emergency” means a major disruption in the operation of one or more national parks, national monuments, national forests, or national recreation areas in the state caused by the unforseen or sudden significant decrease or elimination of funding from the federal government.
(2) During a fiscal emergency, and subject to congressional approval, the governor’s agreement with the United States Department of the Interior, or a presidential executive order, the governor may enter into an agreement with the federal government to ensure that one or more national parks, national monuments, national forests, or national recreation areas in the state, according to the priority set under Section 79-7-602, remain open to the public.
Renumbered and Amended by Chapter 88, 2024 General Session
79-7-602 - Governor’s duties — Priority of federal property.
(1) During a fiscal emergency, the governor shall:if financially practicable, work with the federal government to open and maintain the operation of one or more national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state, in the order established under this section; andreport to the speaker of the House of Representatives and the president of the Senate on the need, if any, for additional appropriations to assist the division in opening and operating one or more national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director of the Division of Outdoor Recreation, in consultation with the executive director of the Department of Natural Resources, shall make rules to determine the priority of national parks, national monuments, national forests, national recreation areas, and lands managed by the United States Fish and Wildlife Service in the state.
(3) In determining the priority described in Subsection (2), the director of the Division of Outdoor Recreation shall consider the:economic impact of the national park, national monument, national forest, national recreation area, and lands managed by the United States Fish and Wildlife Service in the state; andrecreational value offered by the national park, national monument, national forest, national recreation area, and lands managed by the United States Fish and Wildlife Service.
(4) The director of the Division of Outdoor Recreation shall annually review the priority set under Subsection (2) to determine whether the priority list should be amended.
Amended by Chapter 83, 2025 General Session
Private Maintenance
79-7-701 - Definitions.
As used in this part:
(1) “Director” means the director of the division, as described in Section 79-7-202.
(2) “Outdoor recreation infrastructure” means the same as that term is defined in Section 51-9-901.
Enacted by Chapter 183, 2024 General Session
79-7-702 - Private funding for maintenance of outdoor recreation infrastructure.
(1) The division may:permit a person to volunteer labor or funding to maintain outdoor recreation infrastructure; andrecognize the person providing the labor or funding through signage or other indication.
(2) A person desiring to volunteer labor or funding to maintain outdoor recreation infrastructure shall submit an application to the division on a form provided by the division.
(3) The director shall appoint a manager to oversee the administration of this section.
(4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Subsection (1), including rules for:outdoor recreation infrastructure maintenance;partnerships between private and public entities; andthe duties of the manager.
Enacted by Chapter 183, 2024 General Session