DAR File No. 27843

Natural Resources, Forestry, Fire and State Lands

R652-120

Wildland Fire

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27843
Filed: 04/28/2005, 09:37
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule is promulgated under general rulemaking authority of Subsection 65A-1-4(2). The rule is appropriate because it establishes criteria for issuance of burning permits under Section 65A-8-9, and authorizes the establishment of fire management areas as part of the Division's responsibilities under Subsection 65A-8-1(2).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received. The division was provided a copy of a 2005 policy (Policy Statement No. 2005-05) of the School and Institutional Trust Lands Board of Trustees regarding wildland fire suppression. The policy authorizes the School and Institutional Trust Lands Administration (SITLA) to identify areas on SITLA lands where wildland fire suppression actions are likely to benefit resource values, and to identify areas where suppression is unlikely to be cost-effective or prudent from a SITLA perspective. The division interprets the SITLA policy statement as support for establishment of fire management areas pursuant to Section R652-120-300.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Cooperative fire protection on unincorporated, nonfederal forest, range, and watershed land is a continuing responsibility of the division. The division issues several hundred burning permits each year. The rule is necessary and should be continued as long as these responsibilities exist.

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 or Karl Kappe at the above address, by phone at 801-538-5418 or 801-538-5495, by FAX at 801-533-4111 or 801-533-4111, or by Internet E-mail at jennifergregerson@utah.gov or karlkappe@utah.gov

Authorized by:

Karl Kappe, FFSL Strategic Planner

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Jennifer Gregerson or Karl Kappe at the above address, by phone at 801-538-5418 or 801-538-5495, by FAX at 801-533-4111 or 801-533-4111, or by Internet E-mail at jennifergregerson@utah.gov or karlkappe@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.