§ 23A-1-206. New development.

(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.