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040 of 2020 - Vegetation Reduction Permits for Wildfire MitigationSALT LAKE CITY ORDINANCE No. 40 of 2020 (FUEL REDUCTION PERMITS) An ordinance enacting Chapter 17.21 of the Salt Lake City Code to address wildfire mitigation within the Salt Lake City boundaries through the issuance of fuel reduction permits. WHEREAS, Utah Code Section 65a-8-201 declares uncontrolled fire to be a public nuisance; and WHEREAS, Part 2 of Utah Code Chapter 65a-8 encourages governmental entities to engage in deliberate and cooperative efforts to mitigate the circumstances that increase the likelihood of uncontrolled fire; and WHEREAS, Salt Lake City Corporation manages significant open space areas, including Wildland Urban Interface Areas, and many of those open space areas are near residential homes and businesses; and WHEREAS, the Salt Lake City Council desires to facilitate cooperative efforts with Salt Lake City residents to reduce the risk of wildfire in Salt Lake City and in the pertinent Wildland Urban Interface Areas; and WHEREAS, wildfire mitigation activities must be conducted in a manner that maintains public safety, promotes appropriate wildfire fuel reduction techniques, and protects natural habitats and watershed; and WHEREAS, the Salt Lake City Council finds that the provisions of this ordinance further public health, safety, and welfare. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 17.21 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows: 2 Chapter 17.21 WILDFIRE MITIGATION 17.21.010: DEFINITIONS 17.21.020: FUEL REDUCTION PERMIT REQUIRED 17.21.030 FUEL REDUCTION PERMIT APPLICATION 17.21.040: POLICIES AND PROCEDURES 17.21.010: DEFINITIONS: As used in this chapter: APPLICANT: Any person who applies for a fuel reduction permit. CITY: Salt Lake City Corporation. DIVISION: The Salt Lake City Parks and Public Lands Division. FUEL REDUCTION PERMIT: A permit issued under this chapter that allows a property owner to perform permitted wildfire mitigation activities on public property. PERMITTED FUEL REDUCTION ACTIVITY: Fuel reduction activities either (i) expressly permitted under the city policies and procedures established pursuant to this chapter; or (ii) expressly permitted in the specific fuel reduction permit issued to the permittee. PERMITTEE: Any person who has been issued a fuel reduction permit. PERSON: Means and includes any natural person, partnership, firm, association, corporation, company, organization, or entity of any kind. PROPERTY OWNER: Person having legal title to real property and/or an equitable interest in the property, or the ranking official or agent of a company having legal title to real property and/or an equitable interest in the property. PUBLIC PROPERTY: Real property in which the City has a legal interest and that is managed ublic Lands Division. 17.21.020: FUEL REDUCTION PERMIT REQUIRED: A person residing at, or having an interest in, a parcel of real property adjacent to public property must obtain a fuel reduction permit from the division before performing fuel reduction activities on that public property. 17.21.030: FUEL REDUCTION PERMIT APPLICATION: 3 A. An applicant shall file an application for a fuel reduction permit with the division on a form or forms to be furnished by the division, that contain, as applicable: 1. The name, address, and telephone number of the applicant. If an applicant is not the owner of the parcel of real property adjacent to the public property on which the fuel reduction work will be performed, then the applicant also shall include in the application the name, address, and telephone number of the property owner; 2. The address of the parcel of real property adjacent to the public property on which the permitted fuel reduction activities will be conducted; 3. A description of the proposed fuel reduction activities; 4. The dates on which the permitted fuel reduction activities will be conducted; 5. Evidence that the property owner (if not the applicant) has given permission to the applicant to perform the work on behalf of the property owner; and 6. Any other information or certifications required by the division. B. The division may approve or deny a fuel reduction permit determining that: 1. The applicant resides at or has an interest in a parcel of real property adjacent to public property; and 2. The proposed fuel reduction activities are appropriate for the current conditions on the public property at issue. 17.21.040: POLICIES AND PROCEDURES : A. requirements of this chapter. B. A permittee must comply with: 1. the requirements of this chapter; and 2. any policies and procedures adopted to implement the provisions of this chapter. SECTION 2. This ordinance shall take effect immediately upon the date of its first publication. 4 Passed by the City Council of Salt Lake City, Utah, this 15th day of September, 2020. CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on ______________________. _____________________________ MAYOR _____________________________ CITY RECORDER (SEAL) Bill No. 40 of 2020. Published: _____________________. Salt Lake Approved As To Form By: _______________________ Jaysen Oldroyd October 7, 2020