Powers and duties of the commission - rules.

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(1) The commission, through the division and with the advice of the council, shall administer the program in accordance with this article and has the following additional powers and duties:

  1. To establish and continue an inventory and a registry;

  2. To establish criteria by which inventoried natural areas can be evaluated and selectedfor the registry and for designation as natural areas; except that no area shall be included in the registry without permission of the owner of the land;

  3. To promulgate rules for the registry and designation of natural areas and for thedevelopment of plans for the management and use of designated natural areas;

  4. To seek and approve, upon recommendation by the council, the designation of natural areas under the provisions of section 33-33-108 and, when necessary, to acquire by gift, devise, or grant the fee or other interest in real property or accept, under section 33-33-108, the designation of real property for inclusion in the system; except that the commission does not have the power of eminent domain for such purposes;

  5. To encourage and oversee scientific research and educational use of the designatednatural areas; to conduct or encourage conduction of interpretive programs; and to establish and disseminate information and recommendations pertaining to the system and other natural areas;

  6. To administer and enforce this article and rules adopted pursuant thereto, includingthe provisions of the articles of a designated natural area; except that the commission has no regulatory jurisdiction under this article over lands or interests therein which are not part of the system;

  7. To cooperate and contract with any federal, state, or local governmental agency, educational institution, private organization, or individual for the purpose of carrying out the provisions of this article;

  8. To publish and submit to the governor every three years, or more often as it deemsnecessary, a report on the status and condition of each designated natural area and each natural area in the registry;

  9. To accept and disburse moneys and grants made available to the commission underany federal law for the purposes of this article; and

  10. To notify, ninety days prior to the final designation action, the board of county commissioners in the county in which any designation is being considered. At the request of the board of county commissioners, the commission shall hold a public hearing in said county for the purpose of evaluating any local concerns regarding the proposed designation.

(2) It is not a permitted function of the commission under this article to make or pursue direct or indirect objection or opposition before any governing body to any application for development of private lands.

Source: L. 88: Entire article added, p. 1176, § 1, effective March 23. L. 2012: IP(1), (1)(d), (1)(f), (1)(i), (1)(j), and (2) amended, (HB 12-1317), ch. 248, p. 1232, § 81, effective June 4.


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