§ 33-33-105 — Powers and duties of the commission - rules

(1) The
commission, through the division and with the advice of the council, shall administer
the program in accordance with this article and has the following additional powers
and duties:

(a) To establish and continue an inventory and a registry;

(b) To establish criteria by which inventoried natural areas can be evaluated
and selected for the registry and for designation as natural areas; except that no
area shall be included in the registry without permission of the owner of the land;

(c) To promulgate rules for the registry and designation of natural areas and
for the development of plans for the management and use of designated natural
areas;

(d) To seek and approve, upon recommendation by the council, the
designation of natural areas under the provisions of section 33-33-108 and, when
necessary, to acquire by gift, devise, or grant the fee or other interest in real
property or accept, under section 33-33-108, the designation of real property for
inclusion in the system; except that the commission does not have the power of
eminent domain for such purposes;

(e) To encourage and oversee scientific research and educational use of the
designated natural areas; to conduct or encourage conduction of interpretive
programs; and to establish and disseminate information and recommendations
pertaining to the system and other natural areas;

(f) To administer and enforce this article and rules adopted pursuant thereto,
including the provisions of the articles of a designated natural area; except that the
commission has no regulatory jurisdiction under this article over lands or interests
therein which are not part of the system;

(g) To cooperate and contract with any federal, state, or local governmental
agency, educational institution, private organization, or individual for the purpose of
carrying out the provisions of this article;

(h) To publish and submit to the governor every three years, or more often as
it deems necessary, a report on the status and condition of each designated natural
area and each natural area in the registry;

(i) To accept and disburse moneys and grants made available to the
commission under any federal law for the purposes of this article; and

(j) To notify, ninety days prior to the final designation action, the board of
county commissioners in the county in which any designation is being considered.
At the request of the board of county commissioners, the commission shall hold a
public hearing in said county for the purpose of evaluating any local concerns
regarding the proposed designation.

(2) It is not a permitted function of the commission under this article to make
or pursue direct or indirect objection or opposition before any governing body to
any application for development of private lands.

Legislative History

Source: L. 88: Entire article added, p. 1176, � 1, effective March 23. L. 2012: IP(1), (1)(d), (1)(f), (1)(i), (1)(j), and (2) amended, (HB 12-1317), ch. 248, p. 1232, � 81, effective June 4.