§ 63L-11-205 — Identification and recording of public roads located on state-owned public lands.

(1) As used in this section, "state land" means land owned by:
(1)(a) the Department of Natural Resources;
(1)(b) the Division of Forestry, Fire, and State Lands;
(1)(c) the Division of State Parks; and
(1)(d) any other state land management agency.
(2) (2)(a) In coordination with the relevant owner, the advisor shall:
(2)(a)(i) subject to Subsection (3), using the State Geographic Information Database created in Section 63A-16-506, and other available information, identify roads located on state land; and
(2)(a)(ii) subject to Subsection (2)(b), record with the county recorder of the county in which the state land is located a document as described in Subsection (5) that gives notice of the existence of the public road or right-of-way.
(2)(b) The advisor may not record a notice described in Subsection (2)(a)(ii) for a road on state land that is owned by the Division of Wildlife Resources until the land is sold or exchanged as described in Subsection (6).
(3) (3)(a) Subject to Subsection (3)(b), the advisor may complete the requirements of Subsection (2) over time and as resources allow.
(3)(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan County, Uintah County, and Wayne County, the advisor shall complete the requirements described in Subsection (2) on or before January 5, 2026.
(4) The advisor is not required to identify or record notice of any class A, class B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
(5) The notice required in Subsection (2)(a)(ii) shall include:
(5)(a) a title identifying the roads as "Public Access"; and
(5)(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads or rights-of-way sufficient for reasonable identification of the road.
(6) (6)(a) If a parcel of state land is subject to a sale or an exchange, the advisor shall ensure that the requirements of Subsection (2) are completed before the sale or exchange is finalized.
(6)(b) The sale or exchange of state land is subject to the public access rights existing at the time of the sale or exchange.
(7) (7)(a) The Division of Wildlife Resources shall identify roads within a wildlife management area in the respective property's habitat management plan, as required in Section 23A-6-302.
(7)(b) For any road identified under Subsection (7)(a), the Division of Wildlife Resources may:
(7)(b)(i) temporarily close a road for the benefit of wildlife; and
(7)(b)(ii) permanently close roads for the benefit of wildlife only:
(7)(b)(ii)(A) through the habitat management plan review and approval process in Section 23A-6-303; and
(7)(b)(ii)(B) beginning on May 7, 2025, with consent of the county legislative body within which the road is located.
(7)(c) Notwithstanding Subsection (7)(b), the Division of Wildlife Resources may close a road for the benefit of wildlife if:
(7)(c)(i) there is an alternative road that will remain open that provides reasonable access to the same area;
(7)(c)(ii) the road to be closed forks from the alternative road that will remain open;
(7)(c)(iii) the road to be closed is less traveled than the alternative road that will remain open;
(7)(c)(iv) the road to be closed travels in approximately the same direction as the alternative road that will remain open; and
(7)(c)(v) the road to be closed intersects with the alternative road that will remain open within 2,000 feet of the location where the road to be closed forks from the road that will remain open.
(7)(d) (7)(d)(i) The Division of Wildlife Resources shall record with the county in which the wildlife management area property is located, any road on or across the wildlife management area prior to any sale or exchange of any wildlife management area property.
(7)(d)(ii) The sale or exchange of Division of Wildlife Resources land is subject to the public access rights existing at the time of the sale or exchange.

Legislative History

Enacted by Chapter 131, 2025 General Session