DAR File No. 27750

Natural Resources, Forestry, Fire and State Lands

R652-70-1900

Camping and Motor Vehicles

NOTICE OF PROPOSED RULE

DAR File No.: 27750
Filed: 03/14/2005, 03:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule, as currently written, restricts camping on lands "lying between the low water mark and the ordinary high water mark." The locations of these two "marks" are not only difficult or impossible to ascertain, but have not been determined on all sovereign lands of the State. Changing the wording to "the beds of navigable lakes and rivers" will create less confusion for the public, as well as the enforcement agencies. Additionally, under the current rule, "motorized vehicles are restricted from driving or parking on these lands." The rule needs to be amended to assure consistency with another proposed rule amendment governing use of sovereign lands at Bear Lake, where extended drought has resulted in low water levels and increased interest in motor vehicle use on the exposed beach.

Summary of the rule or change:

The proposed rule change clarifies the portions of sovereign lands along navigable lakes and rivers where restrictions on camping and use of motor vehicles may be in effect to protect the public, as well as natural, cultural, and archeological resources. It also provides that motor vehicles may operate on the shoreline of Bear Lake with certain restrictions. (DAR NOTE: The proposed amendment to Section R652-70-2300 dealing with Bear Lake is under DAR No. 27740 in this issue.)

State statutory or constitutional authorization for this rule:

Subsection 65A-1-4(2)

Anticipated cost or savings to:

the state budget:

This proposed change can be implemented without impact upon current state budgets.

local governments:

Affected counties are aware of the proposed rule and will be able to enforce the rule with current staffing and budgets.

other persons:

Those found using or occupying state lands in violation of this rule will be charged with a class B misdemeanor, as provided in Subsection 65A-3-1(1)(b) and Section 76-3-204. A bail schedule has not yet been set with a court administrator's office, so fines are to be determined by the local magistrate. The division is not aware of any other cost or savings to other persons.

Compliance costs for affected persons:

The public has use of sovereign lands with certain restrictions just as any other public land. The division is not aware of any compliance costs other than fines for violators as referenced under Other persons above.

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

The rule provides for use of sovereign lands while accommodating public safety and protection to natural resources, as well as cultural and archeological resources. The rule provides for safe, orderly use of the beach by the public, which is expected to benefit local business. Michael Styler, Executive Director

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:

Jennifer Gregerson at the above address, by phone at 801-538-5418, by FAX at 801-533-4111, or by Internet E-mail at jennifergregerson@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:

05/02/2005

This rule may become effective on:

05/03/2005

Authorized by:

Karl Kappe, FFSL Strategic Planner

RULE TEXT

R652. Natural Resources; Forestry, Fire and State Lands.

R652-70. Sovereign Lands.

R652-70-1900. Camping and Motor Vehicles.

1. The division may restrict camping on [lands lying between the low water mark and the ordinary high water mark]the beds of navigable lakes and rivers. Except as provided elsewhere in this rule, [M]motor vehicles are prohibited from driving or parking on these lands at all times, except that those areas supervised by the Division of Parks and Recreation or other enforcement entity, and posted as open to vehicle use, will be open to vehicle use.

2. In accordance with Subsections 65A-3-1(1)(b) and 76-3-204, those found in violation of this rule will be charged with a class B misdemeanor, with sentence, fine, or both to be determined by the local magistrate.

KEY: sovereign lands, permits, administrative procedures

[June 11, 2001]2005

Notice of Continuation April 2, 2002

65A-10-1

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Jennifer Gregerson at the above address, by phone at 801-538-5418, by FAX at 801-533-4111, or by Internet E-mail at jennifergregerson@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.