HB 509

 Enrolled Copy  H.B. 509
1Wetlands Study Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                      Chief Sponsor: Doug Owens
                                  Senate Sponsor: Michael K. McKell
2
3  LONG TITLE
4  General Description:
5      This bill creates a study related to wetlands.
6  Highlighted Provisions:
7      This bill:
8      ▸ directs the Department of Natural Resources (department) to:
9●   complete a study on wetlands in counties of the first or second class;
10●   make recommendations for legislative and administrative action; and
11●   report the study findings and recommendations to the Natural Resources, Agriculture,
12  and Environment Interim Committee;
13      ▸ restores a requirement that the department publish land use permits for wetlands collected
14  by the Utah Geological Survey; and
15      ▸ makes technical and conforming changes.
16  Money Appropriated in this Bill:
17      None
18  Other Special Clauses:
19      None
20  Utah Code Sections Affected:
21  AMENDS:
22      79-2-406, as last amended by Laws of Utah 2024, Chapter 88
23
24  Be it enacted by the Legislature of the state of Utah:
25Section 1. Section 79-2-406 is amended to read:
2679-2-406 . Wetlands -- Study.
27  [(1) As used in this section, "committee" means the Natural Resources, Agriculture, and
28      Environment Interim Committee.]
 H.B. 509  Enrolled Copy
29   (1) Before October 30, 2027, the department shall complete a study on the status of
30wetlands in counties of the first or second class, as described in Section 17-60-104.
31   (2) The study described in Subsection (1) shall include:
32(a) a determination on how wetlands have changed or may change, including any
33reclassification or potential reclassification of wetlands based on changes to federal
34law;
35(b) the impact or potential impact of wetland changes on outdoor recreation, including:
36(i) the hunting of duck and other game birds; and
37(ii) water quality in rivers and lakes adjacent to wetlands; and
38(c) recommendations for legislative and administrative action.
39   (3) The department shall report to the Natural Resources, Agriculture, and Environment
40Interim Committee:
41(a) before November 30, 2026, a progress report of the study findings and
42recommendations described in Subsection (2); and
43(b) before October 30, 2027, a complete report of the study findings and
44recommendations described in Subsection (2).
45   [(2)] (4) The department shall publish, on the department's website, the land use permits
46collected by the Utah Geological Survey [pursuant to] in accordance with Subsection
4779-3-202(1)(q).
48   [(3)(a) The department shall study and make recommendations to the committee on the
49viability of an in-lieu fee program for wetland mitigation, including:]
50[(i) the viability of the state establishing and administering an in-lieu fee program; and]
51[(ii) the viability of the state partnering with a private organization to establish and
52administer an in-lieu fee program.]
53[(b) As part of the study described in Subsection (3)(a), the department shall consult
54with public and private individuals and entities that may be necessary or helpful to
55the establishment or administration of an in-lieu fee program for wetland mitigation,
56which may include:]
57[(i) the Utah Department of Environmental Quality;]
58[(ii) the United States Army Corps of Engineers;]
59[(iii) the United States Fish and Wildlife Service;]
60[(iv) the United States Environmental Protection Agency; or]
61[(v) a non-profit entity that has experience with the establishment and administration
62of in-lieu fee programs.]
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 Enrolled Copy  H.B. 509
63      [(c) The department shall provide a report on the status of the department's study during
64or before the committee's November interim meeting in 2022.]
65      [(d) The department shall provide a final report of the department's study and
66recommendations, including any recommended legislation, during or before the
67committee's first interim meeting in 2023.]
68Section 2. Effective Date.
69  This bill takes effect on May 6, 2026.
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