(1) As used in this section:
- (a) "Mitigate" means an activity intended to lessen known negative impacts caused by wildlife, including relocating or distracting wildlife.
- (b) "New development" means the conversion in use of previously undeveloped land into a developed state that occurs on or after May 1, 2024.
(c) "Wildlife damage or nuisance claim" means:
- (i) a depredation claim;
- (ii) a wildlife damage claim; or
- (iii) a nuisance complaint involving wildlife.
- (2) On and after May 1, 2024, new development in the state is considered infringing on existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related to the new development may not qualify for a wildlife damage or nuisance claim against the state or a political subdivision.
- (3) Notwithstanding Subsection (2), the division may mitigate wildlife damage or nuisances impacting a new development.
Enacted by Chapter 347, 2024 General Session