NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Natural Resources, Wildlife Resources
Salt Lake City, UT 84414-6301
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R657-75. Wildlife Consultation Procedure for Utility Scale Renewable Energy Facilities
B. Purpose of the new rule or reason for the change:
This rule is being implemented pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) rules pursuant to renewable energy facilities.
C. Summary of the new rule or change:
This new rule is required by the passage of HB 16 and HB 412, passed in the 2026 General Session. Both bills require the owner or operator of a utility-scale renewable energy facility to consult with the DWR regarding potential impacts on wildlife and wildlife habitats.
This rule outlines the consultation process.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 16 (2026 General Session), HB 412 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
Rule R657-75 is administrative in nature and mandated by legislative action, the DWR has determined that this rule can be initiated within the current workload and resources of the DWR, therefore, the DWR does not believe that this rule would create a cost or savings impact to the state budget or the DWR's budget since the program will not increase workload and can be carried out with existing budget.
Local governments are not directly or indirectly impacted by this rule because this rule does not create a situation requiring services from local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This new rule will not directly impact small businesses because a service is not required of them.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This new rule will not directly impact non-small businesses because a service is not required of them.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This new rule does not have the potential to impact other persons seeking consultation for energy renewable facilities in Utah, nor is a service required of them.
F. Compliance costs for affected persons:
The DWR has determined that this new rule may not create additional costs for those individuals wishing to operate or own a utility scale renewable energy facility.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a measurable fiscal impact to businesses.
The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this fiscal analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
R657. Natural Resources, Wildlife Resources.
R657-75. Wildlife Consultation Procedure for Utility Scale Renewable Energy Facilities. R657-75-1. Purpose and Authority.