CHAPTER 27
ESCALANTE REGION MULTIPLE USE/MULTIPLE FUNCTIONS GRAZING ZONE
ESCALANTE REGION MULTIPLE USE/MULTIPLE FUNCTIONS GRAZING ZONE
To provide a multiple use/multiple functions zone which promotes local, state and federal coordination to restore, repair, redevelop and develop under Utah state code section 17-27a-102, which designates counties to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics for its present and future inhabitants and businesses, to protect the tax base, to secure economy and foster the county's agricultural and other industries and provide fairness in land use regulation, and to protect and enhance property values.
The purposes of providing a multiple use/multiple functions zone are to establish areas which are open and generally undeveloped lands where human habitation would be limited. The zone is designed to enhance and protect land and associated open space resources. The zone is established to encourage the use of land, where appropriate, for forest products, livestock grazing, agriculture, mining, wildlife habitat, and recreation. This zone is established to protect all valid private property rights and the continued use and full access to these rights. This zone is intended to promote the health, safety, convenience, order, prosperity and general welfare and economy of the inhabitants of Kane County, tourists and future generations. (Ord. 2014-6, 4-28-2014, eff. 5-13-2014)
GRANDFATHERED USES: Grazing, mining, and mineral leasing uses and facilities that are allowed on the date of approval of FLPMA (October 21, 1976) or the designation date for section 202 WSAs not reported to congress are grandfathered (i.e., allowed and permitted) as a preexisting use. As provided for in FLPMA section 603(c), these uses and facilities may continue in the same manner and degree as on that date, even if this impairs wilderness suitability. As described in FLPMA, grandfathered uses only include grazing, mining and mineral leases, and do not include other uses such as recreational activities.
Grandfathered uses may be acquired by a new operator, but cannot be transferred to a new location. The benchmark for the "manner and degree of an existing use is the physical and visual impact that use was having on the area on October 21, 1976".
MULTIPLE USE: In addition to other defining provisions in this chapter, the term "multiple use" means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the residents of Kane County; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output. See section 103(c) of FLPMA, 43 USC section 1702(c), 1976.
VALID EXISTING RIGHTS: Existing rights are defined in section 701 of FLPMA as any "valid lease, permit, patent, right of way, or other land use right or authorization" and must be in existence at the time of designation. (BLM manual 6220-national monuments, national conservation areas, and similar designations.) (Ord. 2014-17, 9-22-2014)
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