§ 79-2-505 — Department duties.

(1) In administering the program created in Section 79-2-504, the department shall:

(1)(a) create a system through which:
(1)(a)(i) a person may:

(1)(a)(i)(A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and
(1)(a)(i)(B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;
(1)(a)(ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;
(1)(a)(iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and
(1)(a)(iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;
(1)(b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);
(1)(c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and
(1)(d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.
(2) The state's total cost described under Subsection (1)(a)(iii) may include costs associated with the department's administration of the program.

Legislative History

Enacted by Chapter 358, 2016 General Session