§ 63L-10-104 — Policy statement.

(1) Except as provided in Subsection (2), state agencies and political subdivisions shall refer to and substantially conform with the statewide resource management plan when making plans for public lands or other public resources in the state.
(2) (2)(a) The office shall, as funding allows, maintain a record of all state agency and political subdivision resource management plans and relevant documentation.
(2)(b) On an ongoing basis, state agencies and political subdivisions shall keep the office informed of any substantive modifications to their resource management plans.
(2)(c) On or before August 31 of each year, the office shall provide a report to the commission that includes the following:
(2)(c)(i) any modifications to the state agency or political subdivision resource management plans that are inconsistent with the statewide resource management plan;
(2)(c)(ii) a recommendation as to how an inconsistency identified under Subsection (2)(c)(i), if any, should be addressed; and
(2)(c)(iii) a recommendation:
(2)(c)(iii)(A) as to whether the statewide resource management plan should be modified to address any inconsistency identified under Subsection (2)(c)(i); or
(2)(c)(iii)(B) on any other modification to the statewide resource management plan the office determines is necessary.
(3) (3)(a) Subject to Subsection (3)(b), nothing in this section preempts the authority granted to a political subdivision under:
(3)(a)(i) Title 10, Chapter 8, Powers and Duties of Municipalities, or Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; or
(3)(a)(ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.
(3)(b) Federal regulations state that, when state and local government policies, plans, and programs conflict, those of higher authority will normally be followed.

Legislative History

Amended by Chapter 15, 2025 Special Session 1