State Land Access Road Amendments

24
23A-6-303
41-22-10.7
53C-2-106
63L-11-205
72-3-105
72-3-108
72-5-102
72-5-105
76-11-201
76-11-209
23A-6-303
41-22-10.7
53C-2-106
63L-11-205
72-3-105
72-3-108
72-5-102
72-5-105
76-11-201
76-11-209
0
State Land Access Road Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Troy Shelley
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill amends provisions related to the abandonment and closure of a class D road and
public access.
Highlighted Provisions:
This bill:
amends requirements for off-highway vehicle equipment while operating in certain areas;
provides a process necessary for a county and the state to abandon a class D road;
requires public meetings and notice before abandonment of a class D road;
ensures that existing easements and access rights for public utilities and water
infrastructure are not impacted by the abandonment of a class D road;
amends provisions related to the closure of a class D road due to lack of public use to
include roads across property owned by a public entity or an institution of higher
education;
amends a criminal provision related to discharging a firearm near a class D road; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23A-6-303
, as last amended by Laws of Utah 2025, Chapter 131
41-22-10.7
, as last amended by Laws of Utah 2025, Chapter 285
53C-2-106
, as enacted by Laws of Utah 2025, Chapter 131
63L-11-205
, as enacted by Laws of Utah 2025, Chapter 131
72-3-105
, as last amended by Laws of Utah 2025, Chapter 131
72-3-108
, as last amended by Laws of Utah 2023, Chapter 435
72-5-102
, as last amended by Laws of Utah 2023, Chapter 22
72-5-105
, as last amended by Laws of Utah 2024, Chapter 472
76-11-201
, as enacted by Laws of Utah 2025, Chapter 173
76-11-209
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
23A-6-303
is amended to read:
23A-6-303
. Review and adoption of management plans.
(1)
The division shall submit a draft management plan to the Resource Development
Coordinating Committee created in Section
63L-11-401
and the Habitat Council created
by the division for their review and recommendations.
(2)
The division shall submit a draft management plan and any recommendations received
from the Resource Development Coordinating Committee and the Habitat Council to:
(a)
the regional advisory council for the wildlife region in which the lands covered by
the management plan are located; and
(b)
the regional advisory council for a wildlife region that may be affected by the
management plan.
(3)
A regional advisory council reviewing a draft management plan may make
recommendations to the director.
(4)
The director may adopt the management plan, adopt the management plan with
amendments, or reject the management plan.
(5)
(a)
At the request of the director or a member of the Wildlife Board, the Wildlife
Board may review a management plan to determine whether the plan is consistent
with Wildlife Board policies.
(b)
The director may amend a management plan in accordance with recommendations
made by the Wildlife Board.
(6)
Neither the division nor the director may permanently close a road within a wildlife
management area as part of a management plan without
consent of
coordinating with

the county legislative body within which the wildlife management area is located.
(7)
(a)
The division shall record with the county in which the wildlife management area
is located any road on or across the wildlife management area
before the sale or
exchange of a wildlife management area.
(b)
The sale or exchange of any portion of a wildlife management area is subject to the
public access rights existing at the time of the sale or exchange.
Section 2. Section
41-22-10.7
is amended to read:
41-22-10.7
. Vehicle equipment requirements -- Rulemaking -- Exceptions.
(1)
Except as provided under Subsection
(3)
, an off-highway vehicle shall be equipped with:
(a)
brakes adequate to control the movement of and to stop and hold the vehicle under
normal operating conditions;
(b)
headlights and taillights when operated between sunset and sunrise;
(c)
a noise control device and except for a snowmobile, a spark arrestor device; and
(d)
when operated on sand dunes designated by the division, a safety flag that is:
(i)
red or orange in color;
(ii)
(i)
a minimum of six by 12 inches; and
(iii)
(ii)
attached to:
(A)
the off-highway vehicle so that the safety flag is at least eight feet above the
surface of level ground; or
(B)
the protective headgear of a person operating an off-highway motorcycle so
that the safety flag is at least 18 inches above the top of the person's head.
(2)
A violation of Subsection
(1)
is an infraction.
(3)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
division may make rules, after notifying the commission, which set standards for the
equipment and which designate sand dunes where safety flags are required under
Subsection
(1)
.
(4)
An off-highway implement of husbandry used only in agricultural operations and not
operated on a highway, is exempt from the provisions of this section.
Section 3. Section
53C-2-106
is amended to read:
53C-2-106
. Identification and recording of public roads located on trust lands.
(1)
The director shall:
(a)
subject to Subsection
(2)
, using the State Geographic Information Database created
in Section
63A-16-506
, and other available information, identify temporary public
easements or rights of entry granted pursuant to Section
72-5-203
for roads located
on trust lands within each county; and
(b)
subject to Section
72-5-203
, record with the county recorder of the county in which
the temporary public easement or right of entry is located a grant or permanent
easement as described in Subsection
(4)
that gives notice of the existence of the
public road.
(2)
(a)
Subject to Subsection
(2)(b)
, the director may complete the requirements of
Subsection
(1)
over time and as resources allow.
(b)
For Carbon County, Garfield County, Grand County, Kane County, San Juan
County, Uintah County, and Wayne County, the director shall complete the
requirements described in Subsection
(1)
on or before January 5, 2026.
(c)
For a county not described in Subsection
(2)(b)
, the director shall strategically
complete the requirements described in Subsection
(1)
as funding and staffing
resources allow to promote and protect access to public lands.
(3)
The director 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.
(4)
The grant of easement required in Subsection
(1)(b)
shall include:
(a)
a requirement that the roads remain open for public use; and
(b)
a legal description, as described in Subsection
57-3-105(4)
, of the relevant roads
sufficient for reasonable identification of the road.
(5)
(a)
If a parcel of trust lands is subject to a sale or an exchange as provided in this title,
the director shall ensure that the requirements of Subsection
(1)
are completed before
the sale or exchange is finalized.
(b)
The sale or exchange of trust lands is subject to the grant of permanent easement
existing at the time of the sale or exchange.
Section 4. Section
63L-11-205
is amended to read:
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:
(a)
the Department of Natural Resources;
(b)
the Division of Forestry, Fire, and State Lands;
(c)
the Division of State Parks; and
(d)
any other state land management agency.
(2)
(a)
In coordination with the relevant owner, the advisor shall:
(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
(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.
(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)
(a)
Subject to Subsection
(3)(b)
, the advisor may complete the requirements of
Subsection
(2)
over time and as resources allow.
(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.
(c)
For a county not described in Subsection
(3)(b)
, the advisor shall strategically
complete the requirements described in Subsection
(2)
as funding and staffing
resources allow to promote and protect access to public lands.
(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:
(a)
a title identifying the roads as "Public Access"; and
(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)
(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.
(b)
The sale or exchange of state land is subject to the public access rights
existing at
the
time of the sale or exchange
in place:
(i)
at the time the state acquired the land; and
(ii)
at any time during the state's ownership of the land
.
(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
.
(b)
For any road identified under Subsection
(7)(a)
, the Division of Wildlife Resources
may:
(i)
temporarily close a road for the benefit of wildlife; and
(ii)
permanently close roads for the benefit of wildlife only:
(A)
through the habitat management plan review and approval process in Section
23A-6-303
; and
(B)
beginning on May 7, 2025, with consent of the county legislative body within
which the road is located.
(c)
Notwithstanding Subsection
(7)(b)
, the Division of Wildlife Resources may close a
road for the benefit of wildlife if:
(i)
there is an alternative road that will remain open that provides reasonable access
to the same area;
(ii)
the road to be closed forks from the alternative road that will remain open;
(iii)
the road to be closed is less traveled than the alternative road that will remain
open;
(iv)
the road to be closed travels in approximately the same direction as the
alternative road that will remain open; and
(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.
(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.
(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.
Section 5. Section
72-3-105
is amended to read:
72-3-105
. Class D roads -- Maps to be prepared by county -- Indication of roads.
(1)
As used in this section, "class D road" means any road, way, or other land surface route
that has been or is established by use or constructed
and has been maintained
to
provide for usage by the public for vehicles with four or more wheels that is not a class
A, class B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is
defined in Section
72-5-301
.
(2)
Each class D road is part of the highway and road system within the state with the same
force and
effect as if the class D road had been included within this system upon
its
the
class D road
being first established or constructed.
(3)
The state and county have joint undivided interest in the title to all rights-of-way for
class D roads
, unless the state or county has vacated and abandoned interest in the class
D road
.
(4)
(a)
Subject to Subsection
(4)(b)
, the county governing body exercises sole jurisdiction
and control of class D roads within the county.
(b)
If a county vacates or abandons a class D road, the department exercises sole
jurisdiction and control of the class D road.
(5)
(a)
Each county shall prepare maps showing to the best of
its
the county's
ability the
class D roads within
its
the county's
boundaries which were in existence as of
October 21, 1976.
(b)
Preparation of
these
the
maps
described in Subsection
(5)(a)

may be done by the
county
itself
or through any multi-county planning district in which the county
participates.
(6)
Any class D road which is established or constructed after October 21, 1976, shall be
reflected on maps prepared as provided in Subsection
(5)
.
(7)
The county shall provide a copy of any map under Subsection
(5)
or
(6)
upon
completion to the department.
(8)
(a)
The department shall scribe each road shown on
its
the department's
own county
map series.
(b)
The department is not responsible for the validity of any class D road and is not
responsible for
its
the class D road
being inventoried.
(c)
The department shall
also
keep on file an historical map record of the roads as
provided by the counties.
(9)
(a)
If a county vacates or abandons the county's class D road interest in a road within
the county, the right-of-way remains open for public use unless the department, in
consultation with the Public Lands Policy Coordinating Office created in Section
63L-11-201
, determines that the road or right-of-way:
(i)
does not provide a benefit to the state in a manner consistent with the principles of
multiple use and sustained yield as described in Section
63L-8-103
; or
(ii)
is not used to access public or private land.
(b)
Before
Subject to Subsections
(9)(c)
and
(10)
, before
a county may vacate or
abandon the county's right-of-way interest in a class D road, the county shall
:
(i)

provide to the department 180 days in advance of taking the action a written
notice that includes the following:
(i)
(A)
a legal description and map of the portion of the class D road for which
the county intends to abandon the county's interest;
(ii)
(B)
a statement affirming that all gates and locks, whether
or not
installed or
authorized by the county, and all county agreements, have been removed from
the portion to be vacated; and
(iii)
(C)
documentation that the portion to be vacated is shown as a class D road
in the county recorder's office
.
;
(ii)
hold a public hearing giving the public the opportunity to provide written and oral
input;
(iii)
publish notice of the hearing in compliance with the requirements of a class A
notice under Section
63G-30-102
, for at least four weeks before the day of the
hearing; and
(iv)
mail notice to the department and all owners of property abutting the class D
road, at least four weeks before the day of the hearing.
(c)
(i)
A county may not vacate or abandon the county's interest in a class D road if
the road provides:
(A)
a public benefit to the state in a manner consistent with the principles of
multiple use and sustained yield as described in Section
63L-8-103
;
(B)
access to public land; or
(C)
subject to Subsection
(9)(c)(ii)
, access to private land beyond the location
where the vacation or abandonment of the class D road is proposed.
(ii)
If a class D road provides access to private land as described in Subsection
(9)(c)(i)(C)
, the county may vacate or abandon the county's interest in the road if:
(A)
the class D road does not provide public benefit or access to public land as
described in Subsection
(9)(c)(i)(A)
or
(B)
; and
(B)
each owner of private land along the class D road beyond where the vacation
or abandonment of the county's interest in the road is proposed to end agree in
writing to the abandonment of the road.
(iii)
If a class D road is vacated or abandoned as described in Subsection
(9)(c)(ii)
,
the county shall record with the county recorder a document describing the
vacation and abandonment.
(d)
If a county vacates or abandons the county's interest in a class D road, the county
shall record with the applicable county recorder a notice of the vacation or
abandonment of the county's interest, including the following: "The county's vacation
or abandonment of the road does not constitute a vacation or abandonment by the
state of Utah of any interest the state may have."
(c)
(e)
A county may not vacate or abandon the county's right-of-way interest in a class
D road without the approval of the department.
(d)
(f)
A person may not place a lock or a gate on a class D road right-of-way
over
which the department exercises sole jurisdiction
that provides access to multiple use
lands or private property access
.
(10)
(a)
The department may not vacate or abandon a class D road if the road provides:
(i)
a public benefit to the state in a manner consistent with the principles of multiple
use and sustained yield as described in Section
63L-8-103
;
(ii)
access to public land; or
(iii)
access to private land beyond the location where the vacation or abandonment of
the class D road is proposed.
(b)
If a county legislative body determines that the proposed vacation and abandonment
of a class D road meets the requirements under Subsections
(9)(b)
and
(10)(a)
, the
county shall:
(i)
publish the proposal on an agenda for a public meeting of the county legislative
body to hear the proposal;
(ii)
publish the proposal on a public notice website of the state government for at
least 30 days before the public meeting; and
(iii)
after satisfying the requirement under Subsection
(10)(b)(ii)
, and at least 30 days
after the meeting described in Subsection
(10)(b)(i)
, and subject to Subsection
(10)(a)
, the county legislative body may vote to vacate and abandon the county's
interest in the class D road.
(c)
Any vacation and abandonment of a class D road is subject to reasonable access to
existing rights-of-way or easements, including those for water infrastructure and
public utilities.
(10)
(11)
(a)
A county and the department are not required to maintain a class D road.
(b)
An individual who travels on a class D road does so at the individual's own risk.
Section 6. Section
72-3-108
is amended to read:
72-3-108
. County roads -- Vacation and narrowing -- Notice requirements.
(1)
A county may, by ordinance, vacate, narrow, or change the name of a county road
without petition or after petition by a property owner.
(2)
A county may not vacate a county road unless notice of the hearing is:
(a)
published for the county, as a class A notice under Section
63G-30-102
, for at least
four weeks before the day of the hearing; and
(b)
mailed to the department and all owners of property abutting the county road.
(3)
The right-of-way and easements, if any, of a property owner and the franchise rights of
any public utility may not be impaired by vacating or narrowing a county road.
(4)
Except as provided in Section

72-3-105
or

72-5-305
, if a county vacates a county road,
the state's right-of-way interest in the county road is also vacated.
Section 7. Section
72-5-102
is amended to read:
72-5-102
. Definitions.
As used in this part
, "state transportation purposes" includes:
:
(1)
"Public entity" means the same as that term is defined in Section
72-2-201
.
(2)
"State institution of higher education" means the same as that term is defined in Section
53B-3-102
.
(3)
"State transportation purposes" includes:
(1)
(a)
highway, public transit facility, and transportation rights-of-way, including those
necessary within cities and towns;
(2)
(b)
the construction, reconstruction, relocation, improvement, maintenance, and
mitigation from the effects of these activities on state highways and other
transportation facilities, including parking facilities, under the control of the
department;
(3)
(c)
limited access facilities, including rights of access, air, light, and view and
frontage and service roads to highways;
(4)
(d)
adequate drainage in connection with any highway, cut, fill, or channel change
and the maintenance of any highway, cut, fill, or channel change;
(5)
(e)
weighing stations, shops, offices, storage buildings and yards, and road
maintenance or construction sites;
(6)
(f)
road material sites, sites for the manufacture of road materials, and access roads
to the sites;
(7)
(g)
the maintenance of an unobstructed view of any portion of a highway to
promote the safety of the traveling public;
(8)
(h)
the placement of traffic signals, directional signs, and other signs, fences, curbs,
barriers, and obstructions for the convenience of the traveling public;
(9)
(i)
the construction and maintenance of storm sewers, sidewalks, and highway
illumination;
(10)
(j)
the construction and maintenance of livestock highways;
(11)
(k)
the construction and maintenance of roadside rest areas adjacent to or near any
highway; and
(12)
(l)
the mitigation of impacts from transportation projects.
Section 8. Section
72-5-105
is amended to read:
72-5-105
. Highways, streets, or roads once established continue until abandoned
-- Temporary closure -- Notice.
(1)
(a)
Except as provided in Subsections
(1)(b)
, (3), and (7), all public highways, streets,
or roads once established shall continue to be highways, streets, or roads until
formally abandoned or vacated by written order, resolution, or ordinance resolution
of a highway authority having jurisdiction or by court decree, and the written order,
resolution, ordinance, or court decree has been duly recorded in the office of the
recorder of the county or counties where the highway, street, or road is located.
(b)
If public use of a highway, street, or road across private land has been discontinued
for more than 50 years:
(i)
the highway, street, or road is not required to be formally abandoned as described
in Subsection
(1)(a)
; and
(ii)
ownership of the highway, street, or road is vested in the adjoining record owner
or owners, with one-half of the width of the highway, street, or road vesting to the
adjoining owners.
(c)
Subsection
(1)(b)
does not apply to a public highway, street, or road
:

(i)
claimed by the state or county under R.S. 2477 or across federal lands
.
; or
(ii)
on lands owned by a public entity or state institution of higher education.
(2)
(a)
For
Except as provided in Subsections
(2)(b)
and
(c)
, for
purposes of assessment,
upon the recordation of an order executed by the proper authority with the county
recorder's office, title to the vacated or abandoned highway, street, or road shall vest
to the adjoining record owners, with one-half of the width of the highway, street, or
road assessed to each of the adjoining owners.
(b)
Provided, however, that should a
If the property
description of an owner of record
extend
extends
into the vacated or abandoned highway, street, or road
,
that portion of
the vacated or abandoned highway, street, or road shall vest in the record owner, with
the remainder of the highway, street, or road vested as otherwise provided in
this
Subsection
(2)
(2)(a)
.
(c)
Title to a highway, street, or road that a local highway authority closes to vehicular
traffic under Subsection
(3)
or
(7)
remains vested in the city.
(3)
(a)
In accordance with this section, a state or local highway authority may
temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a
class B, C, or D road or R.S. 2477 right-of-way.
(b)
(i)
A temporary closure authorized under this section is not an abandonment.
(ii)
The erection of a barrier or sign on a highway, street, or road once established is
not an abandonment.
(iii)
An interruption of the public's continuous use of a highway, street, or road once
established is not an abandonment even if the interruption is allowed to continue
unabated.
(c)
A temporary closure under Subsection
(3)(a)
may be authorized only under the
following circumstances:
(i)
when a federal authority, or other person, provides an alternate route to an R.S.
2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
(A)
accepted by the highway authority; and
(B)
formalized by a federal permit or a written agreement between the federal
authority or other person and the highway authority;
(ii)
when a state or local highway authority determines that correction or mitigation
of injury to private or public land resources is necessary on or near a class B or D
road or portion of a class B or D road; or
(iii)
when a local highway authority makes a finding that temporary closure of all or
part of a class C road is necessary to mitigate unsafe conditions.
(d)
(i)
If a local highway authority temporarily closes all or part of a class C road
under Subsection
(3)(c)(iii)
, the local highway authority may convert the closed
portion of the road to another public use or purpose related to the mitigation of the
unsafe condition.
(ii)
If a local highway authority temporarily closes all or part of a class C road under
Subsection
(3)(c)(iii)
, and the closed portion of road is the subject of a lease
agreement between the local highway authority and another entity, the local
highway authority may not reopen the closed portion of the road until the lease
agreement terminates.
(e)
A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
2477 right-of-way temporarily closed under this section if the alternate route is
closed for any reason.
(f)
A temporary closure authorized under Subsection
(3)(c)(ii)
shall
:
(i)
shall
be authorized annually; and
(ii)
may
not exceed two years
from the date the highway authority first closes the
highway,
or the time it takes to complete the correction or mitigation, whichever
is less.
(4)
To authorize a closure of a road under Subsection
(3)
or
(7)
, a local highway authority
shall pass an ordinance to temporarily or indefinitely close the road.
(5)
Before authorizing a temporary or indefinite closure as described in Subsection
(4)
, a
highway authority shall:
(a)
hold a hearing on the proposed temporary or indefinite closure;
(b)
provide notice of the hearing by mailing a notice to the Department of
Transportation; and
(c)
except for a closure under Subsection
(3)(c)(iii)
, provide notice to the owners of the
properties abutting the highway, as a class B notice under Section
63G-30-102
,
for
at least four weeks before the day of the hearing.
(6)
The right-of-way and easements, if any, of a property owner and the franchise rights of
any public utility may not be impaired by a temporary or indefinite closure authorized
under this section.
(7)
(a)
A local highway authority may close to vehicular travel and convert to another
public use or purpose a highway, road, or street over which the local highway
authority has jurisdiction, for an indefinite period of time, if the local highway
authority makes a finding that:
(i)
the closed highway, road, or street is not necessary for vehicular travel;
(ii)
the closure of the highway, road, or street is necessary to correct or mitigate
injury to private or public land resources on or near the highway, road, or street; or
(iii)
the closure of the highway, road, or street is necessary to mitigate unsafe
conditions.
(b)
If a local highway authority indefinitely closes all or part of a highway, road, or
street under Subsection
(7)(a)(iii)
, and the closed portion of road is the subject of a
lease agreement between the local highway authority and another entity, the local
highway authority may not reopen the closed portion of the road until the lease
agreement terminates.
(c)
An indefinite closure authorized under this Subsection
(7)
is not an abandonment.
Section 9. Section
76-11-201
is amended to read:
76-11-201
. Definitions.
As used in this part:
(1)
"Class D road" means the same as that term is defined in Section
72-3-105
.
(1)
(2)
"Enter" means intrusion of the entire body.
(2)
(3)
"Fully automatic weapon" means a firearm that fires, is designed to fire, or can be
readily restored to fire, automatically more than one shot without manual reloading by a
single function of the trigger.
(4)
"Highway" means the same as that term is defined in Section
72-1-102
.
(3)
(5)
"House of worship" means a church, temple, synagogue, mosque, or other building
set apart primarily for the purpose of worship in which religious services are held and
the main body of which is kept for that use and not put to any other use inconsistent with
the building's primary purpose.
(4)
(6)
"Machinegun firearm attachment" means any part or combination of parts added to
a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
(5)
(7)
(a)
"Readily accessible for immediate use" means that a firearm or other
dangerous weapon is carried on an individual's person or within such close proximity
and in such a manner that it can be retrieved and used as readily as if carried on the
individual's person.
(b)
"Readily accessible for immediate use" does not include a securely encased firearm.
(6)
(8)
(a)
"Securely encased firearm" means a firearm that is not readily accessible for
immediate use.
(b)
"Securely encased firearm" includes a loaded or unloaded firearm located in a gun
rack, in a closed locked or unlocked case or container, or in a trunk or other storage
area of a motor vehicle.
(c)
"Securely encased firearm" does not include a firearm in a glove box or console box
unless the firearm is also in a holster or other case which covers the trigger
mechanism.
Section 10. Section
76-11-209
is amended to read:
76-11-209
. Improper discharging of a dangerous weapon.
(1)
Terms defined in Sections
76-1-101.5
,
76-11-101
, and
76-11-201
apply to this section.
(2)
An actor commits improper discharging of a dangerous weapon if the actor discharges a
dangerous weapon:
(a)
from a vehicle;
(b)
from, upon, or across a highway
other than a class D road
;
(c)
at a road sign placed on a
state
highway;
(d)
at communications equipment or property of public utilities including facilities,
lines, poles, or devices of transmission or distribution;
(e)
at railroad equipment or facilities including a sign or signal;
(f)
within a Utah State Park building, designated camp or picnic sites, overlooks, golf
courses, boat ramps, and developed beaches; or
(g)
without written permission to discharge the dangerous weapon from the owner or
person in charge of the property within 600 feet of:
(i)
a house, dwelling, or other building; or
(ii)
a structure in which a domestic animal is kept or fed, including a barn, poultry
yard, corral, feeding pen, or stockyard.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
In addition to any other penalties, the court shall:
(a)
notify the Driver License Division of the conviction for purposes of any revocation,
denial, suspension, or disqualification of a driver license under Subsection
53-3-220(1)(a)(xi)
; and
(b)
specify in court at the time of sentencing the length of the revocation under
Subsection
53-3-225(1)(c)
.
(5)
This section does not apply to an actor who:
(a)
discharges a dangerous weapon in the lawful defense of the actor or another
individual;
(b)
is an individual listed in Subsections
53-5a-108(1)(a)
through (f) and is performing
official duties as provided in Section
23A-2-207
or
79-2-704
or as otherwise
provided by law;
(c)
discharges a dangerous weapon from an automobile or other vehicle, if:
(i)
the discharge occurs at a firing range or training ground;
(ii)
at no time after the discharge does the projectile that is discharged cross over or
stop at a location other than within the boundaries of the firing range or training
ground described in Subsection
(5)(c)(i)
;
(iii)
the discharge is made as practice or training for a lawful purpose;
(iv)
the discharge and the location, time, and manner of the discharge are approved
by the owner or operator of the firing range or training ground before the
discharge; and
(v)
the discharge is not made in violation of Subsection
(2)
; or
(d)
acting under a farm custom slaughter license, discharges a firearm or other
dangerous weapon in accordance with Subsection
4-32-108(3)
.
(6)
It is a defense to a charge for violating this section that the actor had actual permission
of the person in charge of the property at the time the actor discharged the dangerous
weapon as described in Subsection
(2)
.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 9:41 AM