Uintah County entered into a conservation agreement with various governmental entities in July of 2014. In September of 2014, Uintah County adopted the Penstemon Conservation Area Overlay Zone and has actively participated as a member of the Conservation Team established under the conservation agreement.

The purpose of this interim overlay zone is to allow defined flexibility on select parcels of private property, previously under the Penstemon Conservation Area overlay zone while providing necessary protections for the two (2) species of penstemon under the conservation agreement. It is anticipated that allowing for a defined interim area under county law, as mentioned in the conservation agreement, will still offer enough regulatory certainty to preclude a designation under the Endangered Species Act for either of the two species.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

For the purpose of this Chapter, certain terms, phrases, words, and their derivatives are defined as follows:

"Agreement" means the duly entered conservation agreement and strategy for Graham's Beardtongue (Penstemon grahamii) and White River Beardtongue (P. scariosus var. albifluvis).

"Applicant" means a landowner, subsurface owner, or designated representative, who desires to locate a disturbance within a conservation area.

"Conservation team" means the conservation team duly constituted under the Agreement.

"Director" means the director of the Uintah County Community Development Department.

"Disturbance" means any permitted activity, permanent structure, or new or improved road, when such disturbance is approved or constructed after July 25, 2014.

"Interim Conservation areas" are designated areas on private lands that will be managed as conservation areas until surface disturbing activities have been permitted by the State of Utah. Once a Permitted Activity has been authorized the landowner may elect to change their status in whole or in part to that of a non-conservation area by filing notice as provided in this Chapter.

"New or improved road" means any new constructed road or any existing road that is improved in such a way that does not constitute maintenance, including the construction or improvement of a Uintah County road, subject to any required agreements with the Uintah County Road Department.

"Permanent structure" means any new tangible manmade structure that will permanently remain on the land for the foreseeable future, including non-seasonal fences. Seasonal or temporary fences or corrals are not considered permanent structures.

"Permitted Activity" means any new activity that requires a permit under a separate ordinance or statute from Uintah County, any department, division, or agency of the State of Utah, or any department, office, or agency of the United States of America. This ordinance, on its own, does not require the issuance of a permit.

"Plant" means an individual Graham's Beardtongue (Penstemon grahamii) or White River Beardtongue (P. scariosus var. albifluvis).

"Survey" means a pre-disturbance survey conducted by a qualified organization, as approved by the conservation team, within one year of the proposed disturbance.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Subject to this chapter all zoning provisions of the underlying zone(s) shall be enforced.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

A continuation of existing uses for grazing and livestock management is not considered a new disturbance or prohibited under this Chapter; this includes traveling by vehicles, clearing snow from roads, hauling water for livestock, trailering or moving livestock, building or maintaining livestock pens for care and working with or managing livestock and locating camps with accompanying wagons and temporary pens for horses.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Anything that is not expressly or conditionally authorized by this chapter, or expressly permitted as a permitted activity, is prohibited in this zone.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

A.

Each landowner, subsurface owner, or designated representative, shall be allowed to cause up to five percent additional disturbance within Graham's Beardtongue Conservation Area overlaying the landowner's total property, as designated on file with the Uintah County GIS Department.

B.

Each landowner, subsurface owner, or designated representative shall be allowed, subject to all applicable laws and regulations, to cause up to 2.5 percent additional disturbance within the White River Beardtongue Conservation Area overlaying the landowner's total property, as designated on file with the Uintah County GIS Department.

C.

Disturbance will not be allowed within three hundred (300) feet of any known plant. However, should the landowner, or designated representative, need to locate a disturbance within three hundred (300) feet of a known plant, based on the survey, such disturbance must be approved by the conservation team.

D.

The removal or transplantation of any plant within a conservation area is prohibited unless approved by the conservation team.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Each landowner, subsurface owner, or designated representative may voluntarily implement the disturbance limits, buffers, or other conservation measures set forth in this chapter.

A.

While within this interim overlay zone, an applicant shall make application to the Uintah County Community Development Department for a disturbance permit. The application must identify the applicant, define the type of proposed disturbance, the date of the proposed disturbance, the total area of disturbance, and a copy of the survey conducted within three hundred (300) feet of the area of disturbance.

B.

After receipt of an application, the Director, in consultation with the Uintah County GIS department, shall review the application for conformity with this chapter and underlying zone(s). Approval will be granted if it conforms to the Uintah County Code. Should the Director find that the application does not conform to Uintah County Code, the Director shall contact the applicant and explain where the application was deficient.

C.

Prior to disturbance, and to the extent feasible, the applicant will salvage of the entire plant population up to fifty (50) plants or twenty-five (25) percent of the total population, whichever is greater will occur.

D.

Prior to disturbance, and to the extent feasible, seeds will be salvaged from the plant population and from associated oil-shale endemic species from the disturbance area.

E.

Should the applicant be financially unable to pay for the required survey, the applicant may meet with the conservation team to identify potential funding.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Each landowner, subsurface owner, or designated representative (identified as Party for this Section only) may withdraw a parcel completely or a portion thereof from the interim overlay zone after obtaining authorization of Permitted Activity. Upon withdrawal of a parcel or a portion thereof from this overlay zone, the underlying zoning ordinance shall apply.

A.

Any notice of withdrawal a parcel from the Penstemon Conservation Area interim overlay zone must conform with this Chapter. The notice must identify the area to be withdrawn, if the area will be transferred in whole or in part to that of the underlying zone, and provide documentation that proper permits have been obtained.

B.

After receipt of a notice of withdrawal, the Director, in consultation with the Uintah County GIS department, shall review the notice for conformity with this chapter and underlying zone(s). The withdrawal will be granted if it conforms to this Chapter. Notwithstanding any other provision in the Uintah County Code, under this Section any associated change to the Uintah County Zoning Map is deemed an administrative function. Should the director find that the notice does not conform to this Chapter, the director shall contact the Party and explain where the notice was deficient.

C.

Prior to development or exploration, and to the extent feasible, salvage of the entire plant population up to fifty (50) plants or twenty-five (25) percent of the total population, whichever is greater will occur.

D.

Prior to development or exploration, and to the extent feasible, seeds will be salvaged from the plant population and from associated oil-shale endemic species from the disturbance area.

E.

Should the party be financially unable to pay for the required survey, the applicant may meet with the conservation team to identify potential funding.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

The interim overlay zone shall sunset and be automatically repealed on the earlier of July 25, 2029, or a listing of either species of Beardtongue under the Endangered Species Act.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

In cases of conflict between the provisions of existing zoning classifications, building codes, subdivision ordinances, or any other ordinance of the county and the Penstemon Conservation Interim Overlay zone codified in this chapter, the most restrictive provision shall apply.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Should any, section, clause, provision, or portion of this chapter be adjudged unconstitutional or invalid, unlawful, or unenforceable by a final order of a court of competent jurisdiction, including all applicable appeals, the remainder of this chapter shall remain in full force and effect.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)

Any party aggrieved by a decision made by the director shall appeal to the Uintah County Commission within thirty (30) days. Any party aggrieved by a decision made by the Uintah County Commission shall follow the procedure concerning appeals as outlined in Uintah County Code Title 17 Chapter 13.

(Ord. No. 07-16-2018, O1, § I, 8-27-2018)