This text of Utah § 17-73-502 (Disturbed corners -- County surveyor to be notified -- Coordination with certain state agencies.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)A person who finds it necessary to disturb any established government survey monument or public land survey government corner location for any reason, including the improvement of a road, shall notify the county surveyor at least five business days before the day on which the person disturbs the government survey monument or public land survey government corner location.
(2)(2)(a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location.
(2)(b) A county legislative body shall ensure that an ordinance described in Subsection (2)(a) provides for an exemption from the permitting requirement if an emergency situation
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(1) A person who finds it necessary to disturb any established government survey monument or public land survey government corner location for any reason, including the improvement of a road, shall notify the county surveyor at least five business days before the day on which the person disturbs the government survey monument or public land survey government corner location.
(2) (2)(a) A county legislative body may enact an ordinance requiring a person to obtain a permit before performing construction work within 30 feet of an established government survey monument or public land survey government corner location.
(2)(b) A county legislative body shall ensure that an ordinance described in Subsection (2)(a) provides for an exemption from the permitting requirement if an emergency situation that poses a threat to public health or safety arises.
(2)(c) (2)(c)(i) A county may charge a fee for a permit described in Subsection (2)(a), in accordance with this Subsection (2)(c).
(2)(c)(ii) The fee described in Subsection (2)(c)(i) may not exceed $400 per government survey monument or public land survey government corner location.
(2)(c)(iii) If, after completion of the construction work, the government survey monument or public land survey government corner location is undisturbed, the county shall disburse a partial fee refund of $250 to the permit holder.
(2)(c)(iv) If the construction work disturbs the government survey monument or public land survey government corner location related to the permit:
(2)(c)(iv)(A) the permit holder is responsible for the necessary construction work and installation of the government survey monument or public land survey government corner location; and
(2)(c)(iv)(B) the county shall provide to the permit holder the necessary brass monument, ring, and lid for the permit holder's work described in Subsection (2)(c)(iv)(A).
(2)(d) A county shall provide a system allowing a person to apply electronically for and the county to approve or deny electronically a permit described in Subsection (2)(a).
(3) A person may not perform any construction work within 30 feet of a government survey monument or public land survey government corner location unless the person obtains any permit the county requires before beginning construction work within 30 feet of the government survey monument or public land survey government corner location, together with any additional permits that applicable law may require.
(4) A person who produces drawings or plans for construction work to be performed within 30 feet of a government survey monument or public land survey government corner location shall show, on the face of the drawings or plans:
(4)(a) the government survey monument or public land survey government corner location; and
(4)(b) an accompanying note exhibiting compliance with Subsections (1) and (3).
(5) A person who finds a monument that needs rehabilitation shall notify the county surveyor within five business days after the day on which the person finds the monument.
(6) The county surveyor or the county surveyor's designee shall:
(6)(a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the corner by lowering and witnessing the corner or placing another monument and witness over the existing monument so that the monument:
(6)(a)(i) is left in a physical condition to remain as permanent a monument as is reasonably possible; and
(6)(a)(ii) may be reasonably located at all times in the future; and
(6)(b) file the record of each reconstruction or rehabilitation in accordance with Subsection (6)(a).
(7) (7)(a) The county may, by ordinance, establish a civil penalty for a violation of:
(7)(a)(i) any provision of Subsection (3) or (4); or
(7)(a)(ii) any ordinance that the county adopts under Subsection (2).
(7)(b) It is a defense to the civil penalty described in Subsection (7)(a) if the violation related to an emergency situation that posed a threat to public health or safety.