Section R657-28-2 - Definitions(1) Terms used in this rule are defined in Section 23-13-2.(2) In addition: (a) "Christmas tree" means any pinyon or juniper tree; or other species that the division may so designate on a subject property; or any part thereof cut and removed from the place where it was grown, without the foliage being removed.(b) "Commercial gain" means compensation in money, services, or other valuable consideration as part of a scheme or effort to generate income or financial advantage.(c) "Cord" means a unit of cut firewood equal to a stack 4x4x8 feet or 128 cubic feet.(d) "Division lands" means all land and water owned by the division, or managed by the division under contractual agreement. When lands or waters owned by other parties are managed by the division under contractual agreement, and the terms of the agreement conflict with this rule, the agreement shall govern.(e) "Firewood" means any portion of a dead and fallen tree not included in any other definition of this section.(f) "Grassbank" means forage reserved on a particular division property to be used as in-kind trade for conservation actions on public or private lands, emergency forage for division-approved grazing permittees, or any other purpose designated by the division.(g) "In-kind compensation" means anything paid or given in goods, commodities, or services in lieu of monetary payment, that is done on, affixed to, invested in, or beneficial to division lands for wildlife habitat maintenance or improvement, or other wildlife-related projects.(h) "Lease" means a legal agreement authorizing the right to occupy or use division lands for a specified purpose and period.(i) "Motorized vehicles" means a vehicle capable of self-propelling, including cars, trucks, motorhomes, off-highway vehicles (OHV), and class II and III electric bicycles. (j) "Organized event" means any event in which registration fees are collected, commercial gain may occur, prizes are awarded for competition, an enrollment or participation list is created, is advertised, or a group is assembled as part of a club or organizational activity.(k) "Ornamental" means any coniferous or deciduous tree that is less than 20 feet in height and has a trunk of no more than 6 inches in diameter at breast height, which is removed from a natural setting, generally with roots attached, for transplant to a different location.(l) "Post" means a portion of a tree or tree stem, generally a Utah juniper, which is less than 10 feet in length and 6 inches in tip diameter.(m) "Sand, Gravel, Cinders, and Ornamental Rock" means common varieties of sand, gravel, volcanic cinder, or ornamental rock separate and distinct from the mineral estate on division lands.(n) "Seed Harvesting" means the gathering of any seed on division property for any purpose.(o) "Special use permit" means a temporary authorization for a specific, non-depleting land use including seismic or land surveys, research sites, or time-certain physical access to division lands. This contract vehicle is of a lesser order than a lease or termed easement, is generally associated with a temporary event of short duration, and does not convey any proprietary or other rights or the use to the holder other than those specifically granted in the permit authorization.(p) "Termed easement" means a legal right to construct on, cross, access, or otherwise use division lands for a limited, specified period, including rights-of-way.(q) "Wood product permit" means a temporary authorization for the harvesting of any tree, or portion of a tree, including Christmas trees, posts, ornamentals, and firewood.Utah Admin. Code R657-28-2
Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022