Public Trail Amendments

9
79-5-601
79-5-602
79-5-603
79-5-604
0
Public Trail Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses the designation of a recreational trail as a state trail.
Highlighted Provisions:
This bill:
defines terms;
establishes the process for designating a state trail;
addresses management of state trails; and
authorizes rulemaking by the Division of Outdoor Recreation to:
establish the process for completing and submitting an application; and
administer management of a state trail.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
79-5-601
, Utah Code Annotated 1953
79-5-602
, Utah Code Annotated 1953
79-5-603
, Utah Code Annotated 1953
79-5-604
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
79-5-601
is enacted to read:
6. State Trails
79-5-601
. Definitions.
(1)
"Application" means a written application that a person submits to the division to
nominate an existing recreational trail located on public land for designation as a state
trail.
(2)
"Committee" means:
(a)
if the Legislature is not in session, the Natural Resources, Agriculture, and
Environment Interim Committee; or
(b)
if the Legislature is in session, the House or Senate Natural Resources, Agriculture,
and Environment
Committee.
(3)
"Public land" means land owned or managed by a state or federal entity.
(4)
"State trail" means a recreational trail:
(a)
located on public land;
(b)
confined to the smallest area compatible with proper care and management of the
recreational trail; and
(c)
designated in accordance with this part.
Section 2. Section
79-5-602
is enacted to read:
79-5-602
. Application for state trail -- Division duties -- Committee duties --
Rulemaking.
(1)
A person may submit an application to the division to designate a state trail.
(2)
If the division receives a completed application described in Subsection
(1)
, the division
shall:
(a)
evaluate the application;
(b)
submit the completed application and the results of the division's evaluation to the
following entities or individuals for review, as applicable:
(i)
the Utah Outdoor Recreation Infrastructure Advisory Committee created in
Section
79-7-206
;
(ii)
the legislative body of a county that contains some portion of the proposed state
trail within the county's geographic borders;
(iii)
the legislative body of a municipality that contains some portion of the proposed
state trail within the municipality's geographic borders;
(iv)
each legislator whose legislative district is located within the geographic borders
of the proposed state trail; and
(v)
a state agency if the proposed state trail is located within the jurisdictional
boundaries of the state agency; and
(c)
provide a written report to a committee that includes:
(i)
the results of the division's evaluation described in Subsection
(2)(a)
; and
(ii)
any resolution or comment the division received from an entity or individual
described in Subsection
(2)(b)
.
(3)
The division may:
(a)
evaluate private and federal land with the potential to be purchased by, transferred to,
or leased to the state for potential designation as a state trail; and
(b)
enter into negotiations with a relevant federal agency or private entity to pursue the
transfer, sale, or lease of private or federal land for the proposed state trail, as
appropriations allow.
(4)
Except as provided in Subsection
(5)
, after reviewing a report described in Subsection
(2)(c)
, a committee may:
(a)
recommend that the Legislature and governor approve the proposed state trail in
accordance with Section
79-5-603
; or
(b)
return the report to the division for further study and evaluation.
(5)
A committee may not recommend a proposed state trail to the Legislature if:
(a)
a county or municipality described in Subsection
(2)(b)(ii)
or
(iii)
adopts a resolution
opposing the proposed state trail; or
(b)
designating the state trail may cause a state agency to breach a fiduciary, contractual,
or other legal obligation governing management or use of land that is included within
the geographic borders of the proposed state trail.
(6)
The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a)
to establish the process for the submission of an application described in Subsection
(1)
; and
(b)
for the administration of a state trail, subject to valid existing rights and Section
79-5-604
.
Section 3. Section
79-5-603
is enacted to read:
79-5-603
. Designation.
(1)
The Legislature and the governor shall designate a state trail through concurrent
resolution.
(2)
Notwithstanding the requirements described in Section
79-5-602
, the Legislature and
governor may act under this section to designate a state trail.
Section 4. Section
79-5-604
is enacted to read:
79-5-604
. Management of state trails.
(1)
(a)
Subject to Subsection
(2)
, the division is responsible for the management of a
state trail.
(b)
The division may contract with another agency or entity for management services
related to the management of a state trail.
(2)
Upon Title 63L, Chapter 8, Utah Public Land Management Act, taking effect as
described in Section
63L-8-602
, the government entity responsible for management of
the public lands is responsible for the management of a state trail.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-23-26 9:28 AM