In August of 2013 the United States Fish and Wildlife Service (hereinafter "USFWS") published in the Federal Register a proposed listing of the Graham's and White River Beardtongue Penstemon and the designation of critical habitat for the two plants. This proposed action caused a great deal of concern for Uintah County. Specifically, Uintah County was concerned with how listing these two plants under the Endangered Species Act would negatively impact private land within the proposed habitat.

Uintah County, along with the State of Utah and the State of Utah School and Institutional Trust Lands Administration (hereinafter "SITLA"), contacted USFWS to discuss the feasibility of entering into a conservation agreement to preclude a listing of the two plants and also provide regulatory certainty to private landowners with land burdened by the habitat area identified by USFWS. Uintah County is well aware that privately owned lands in the south half of the county are surrounded by federally managed lands. This reality made it highly likely that, should a listing occur, any improvements made to these parcels could trigger a federal nexus and thus Section 7 consultation under the Endangered Species Act.

Throughout the negotiation process with USFWS, Uintah County contacted and spoke with many private landowners to gain their input on the benefits of precluding a listing and providing regulatory certainty to our private landowners for the next fifteen (15) years. Also, Uintah County and the private landowners identified areas where known disturbance was anticipated over the next fifteen (15) years and all efforts were made to exclude these areas from the conservation areas.

Uintah County entered into a conservation agreement with various governmental entities in July of 2014. As such Uintah County now adopts this chapter to implement those provisions of the agreement applicable to private land. Uintah County has been granted authority to exercise broad and expansive powers under Title 17 of the Utah State Code, including U.C.A. § 17-50-302, and common law that are reasonably related to the safety, health, morals, and welfare of county inhabitants, except as limited or prohibited by statute. Further, counties are also empowered to "provide for the development of the county's mineral, water, manpower, industrial, historical, cultural, and other resources" (U.C.A. § 17-50-316).

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

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.

"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.

"Permitted activity" means any new activity that requires a permit 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.

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

"Survey" means a predisturbance survey conducted by a qualified organization, as approved by the conservation team, a minimum of one year prior to the proposed disturbance.

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

Subject to Chapter 17.33 and all zoning provisions of the underlying zone(s) shall be enforced.

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

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

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

A.

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

B.

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

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. 01-08-2018, O1, § 3, 1-8-2018)

A.

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.

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

C.

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.

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

The 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. 01-08-2018, O1, § 3, 1-8-2018)

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 Overlay zone codified in this chapter, the most restrictive provision shall apply.

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)

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. 01-08-2018, O1, § 3, 1-8-2018)

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 Chapter 17.13.

(Ord. No. 01-08-2018, O1, § 3, 1-8-2018)