§ 79-5-304. Public hearings required.

(1) Prior to establishing any recreational trail under the jurisdiction and control of the division, the division shall conduct a public hearing in the area or areas of the state where the trail is proposed to be located.

(2) Information to be considered at the hearings shall include the following:

(a) the proposed route of the trail and the recommended modes of travel to be permitted on it;

(b) any plans to utilize areas adjacent to the trail for scenic, historic, natural, cultural, or developmental purposes;

(c) the characteristics that, in the judgment of the division, make the proposed trail suitable as a recreational trail;

(d) the current status of land ownership and the current and potential use of land along the designated route;

(e) the estimated cost of acquisition of lands or any interest in lands;

(f) the plans and estimated costs for developing and maintaining the trail;

(g) any plans for sharing the costs of developing, operating, and maintaining the trail among state, federal, and local governmental entities and private organizations;

(h) any anticipated problems of policing the trail; and

(i) any anticipated hazards to private lands adjacent to the trail.

Renumbered and Amended by Chapter 344, 2009 General Session