DAR File No. 27183

Natural Resources, Parks and Recreation

R651-411

OHV Use in State Parks

NOTICE OF PROPOSED RULE

DAR File No.: 27183
Filed: 05/20/2004, 01:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

For safety and definition, the division is putting restrictions on where the use of snowmobiles and all terrain vehicles (ATVs) are allowed. Off-highway vehicles (OHVs) are to be used only in designated areas as indicated by signs posted by the division. Responsibility for any accidents or problems while using OHVs in state parks rests with the user.

Summary of the rule or change:

The Division recommends that designated ice areas for OHV use are only those ice areas that are accessed via the board ramps to the public ice fishing areas.

State statutory or constitutional authorization for this rule:

Sections 41-22-10 and 63-11-17

Anticipated cost or savings to:

the state budget:

Since this is a safety issue and provides direction for use of OHVs in areas of state parks, there is no anticipated cost of savings to the state budget.

local governments:

Local government is not involved as this rule refers to only "state" lands and OHVs. Therefore, there is no anticipated cost or savings to local government.

other persons:

If other persons go beyond the designated areas for OHV use, they can be cited according to the Utah Off-Highway Vehicle Laws and Rules, Title 41, Chapter 22. Any fine would be in accordance to the laws and fees of the state code.

Compliance costs for affected persons:

Any fine imposed would be by laws of the state and there is no way to know how many fines would be imposed or people cited.

Comments by the department head on the fiscal impact the rule may have on businesses:

No significant fiscal impact to businesses is anticipated. It is possible that some users may consider alternative recreation venues if their favored sites become restricted. This could have a minor impact on businesses that traditionally serve those users.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2004

This rule may become effective on:

07/16/2004

Authorized by:

Gordon Topham, Deputy Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-411. OHV Use in State Parks.

R651-411-1. Definitions.

(1) "OHV" means "off-highway vehicle" and includes the following vehicle types:

(a) Four-wheel drive automobiles or trucks;

(b) All-terrain vehicles (ATVs) designed to carry one or two passengers; and

(c) Snowmobiles.

R651-411-2. OHV Use-Restrictions.

(1) OHVs are to be used only in designated areas.

(2) Designated ice areas for OHV use are only those ice areas that are accessed via the board ramps to public ice fishing areas. These areas are at Bear Lake, East Canyon, Escalante, Hyrum, Jordanelle, Millsite, Otter Creek, Palisade, Piute, Red Fleet, Rockport, Scofield, Starvation, Steinaker and Yuba state parks.

(3) Responsibility for any accidents or problems while using OHVs in state parks rests with the user.

KEY: off-highway vehicles

2004

41-22-10

63-11-17

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.