1. (1) There is created the Sage Grouse Compensatory Mitigation Program to mitigate the impacts of development or disturbance of sage grouse habitat by:

   1. (a) creating and preserving habitat for the long-term conservation of sage grouse in the state in a manner that minimizes impacts to economic growth;
   2. (b) establishing a mechanism by which conservation banks may operate in Utah to achieve compensatory mitigation; and
   3. (c) establishing a mechanism by which a person or a governmental entity may voluntarily complete compensatory mitigation.

2. (2)

   1. (a) The department shall administer the program and may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program in accordance with this part.

   2. (b) A rule made under Subsection (2)(a) shall be consistent with:

      1. (i) the requirements of Section 79-2-505;
      2. (ii) the goals and objectives described in the conservation plan, including avoiding and minimizing habitat disturbances and mitigation impacts to sage grouse habitat; and
      3. (iii) to the greatest extent possible, any local programs for the conservation of sage grouse habitat.
   3. (c) Before making rules under this chapter, the department shall create a plan by which the requirements of this chapter will be met.

Amended by Chapter 492, 2026 General Session