§ 17-71-407 — Fees -- Fees must be paid in advance.

(1) The county recorder may not record any instrument, furnish any copies, or provide any service connected with the office of the county recorder, until the relevant fees described in this section or established by county ordinance or resolution have been:
(1)(a) paid; or
(1)(b) authorized to be paid electronically.
(2) The county may determine and collect a fee for all services not enumerated in this section.
(3) The county recorder shall receive the following fees:
(3)(a) for recording any instrument, not otherwise provided for, other than bonds of public officers, $40;
(3)(b) (3)(b)(i) for recording any instrument, including those provided for under Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided for, $40; and
(3)(b)(ii) if an instrument contains more than 10 descriptions, $2 for each additional description;
(3)(c) for recording mining location notices and affidavits of labor affecting mining claims, $40;
(3)(d) for an affidavit or proof of labor that contains more than 10 mining claims, $2 for each additional mining claim; and
(3)(e) for redacting personal information in accordance with Section 17-71-406, $5.
(4) (4)(a) Each county recorder shall record the mining rules of the several mining districts in each county without a fee.
(4)(b) Certified copies of these records shall be received in all tribunals and before all officers of this state as prima facie evidence of the rules.
(5) The county recorder shall receive the following fees:
(5)(a) for copies of any record or document, a reasonable fee as determined by the county legislative body;
(5)(b) for each certificate under seal, $5;
(5)(c) for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
(5)(d) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for each additional name;
(5)(e) for recording any license issued by the Division of Professional Licensing, $40;
(5)(f) for recording a federal tax lien, $40; and
(5)(g) for recording the discharge of a federal tax lien, $40.
(6) A county recorder may not charge more than one recording fee for each instrument, regardless of whether the instrument bears multiple descriptive titles or includes one or more attachments as part of the instrument.
(7) A county recorder may not be required to collect a fee for services that are unrelated to the county recorder's office.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1