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Board hears NRCS funding returned for Gertsch application after UDOT flagged bypass impact
Summary
Utah Open Lands told the Wasatch County Open Lands Board that NRCS returned $6.1 million previously allocated to the Gertsch application after UDOT said that a proposed bypass alignment could impact that parcel. The board discussed alternatives including nonfederal funding and easement design to preserve wildfire access while protecting scenic values.
Utah Open Lands reported to the Wasatch County Open Lands Board that the Natural Resources Conservation Service (NRCS) has declined the Gertsch application and returned approximately $6.1 million previously allocated after receiving a letter from the Utah Department of Transportation (UDOT) indicating the project could interfere with an infrastructure bypass alignment.
Why it matters: the Gertsch property was a major NRCS candidate and the decision affects whether the county’s open-space strategy must rely on nonfederal funds or wait for a clarified UDOT alignment. Board members discussed the implication that NRCS’s infrastructure rules can disqualify projects when a transportation agency demonstrates an active project alignment.
What staff reported: Utah Open Lands said it originally included the Gertsch parcel in its RCPP package, but after obtaining a shapefile from UDOT and reviewing alignment alternatives, staff concluded the proposed bypass alignment bisects or impacts every parcel of the Gertsch holdings. That triggered NRCS policy provisions that led NRCS to decline funding for the application pending a final alignment decision. Utah Open Lands told the board it is not abandoning the property and will pursue alternatives, including nonfederal funding sources, or resubmitting to NRCS if an alignment is finalized.
Board concerns and legal points: board members raised a common concern — whether a conservation easement funded with NRCS dollars could be condemned if a transportation project proceeded. Utah Open Lands representatives said that the categorical statement "you can't condemn a conservation easement if NRCS funding is used" is not universally correct for the types of conservation easements being proposed here; they explained that some federal easement programs (for example, certain wetland-reserve easements) are held by federal agencies and differ from the county‑co‑held easement structures Utah Open Lands is drafting. The staff said that the NRCS policy language relevant to infrastructure projects, not an absolute condemnation bar, drove NRCS’s decision in this case.
Related access issues: Separately, the board discussed the Lundin property and Midway City’s request for wildfire evacuation and emergency access along a corridor called the probe ditch. Utah Open Lands said it had drafted easement language that could include a 10‑foot evacuation corridor (or a 20‑foot access if needed temporarily) and described trade-offs between visual values and emergency access needs.
Next steps: Utah Open Lands will present updated maps and options at upcoming meetings, and the board will await UDOT’s further public updates on alignment. Staff said it remains open to pursuing other funding strategies (state or private funds, county loans or staged local commitments) to preserve at-risk parcels if NRCS funding cannot proceed.
