DAR File No. 31706

Natural Resources, Forestry, Fire and State Lands

R652-90-300

Initiation of Planning Process

NOTICE OF PROPOSED RULE

DAR File No.: 31706
Filed: 07/15/2008, 11:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule section clarifies how the state initiates the type of planning process for state actions.

Summary of the rule or change:

This rule section clarifies the initiation of the comprehensive and resource planning process through Division action while site specific planning can be initiated by an application for land use or the potential for an application for land use for commercial gain.

State statutory or constitutional authorization for this rule:

Section 65A-2-2

Anticipated cost or savings to:

the state budget:

The rule amendment clarifies the circumstances that trigger the different types of planning processes. There will be no change in the amount or extent of planning and therefore no change in state budget.

local governments:

Budgets of local governments are not impacted by this rule amendment because there is no change in the amount or extent of the participation by local governments.

small businesses and persons other than businesses:

There is no impact to businesses and other persons. The rule clarifies the Division's procedures for processing applications and initiating planning for various planning units.

Compliance costs for affected persons:

There is no change in costs to affected persons. The planning processes that the Division undertakes has no affect on applications costs.

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

Because this rule clarifies existing procedures, there will be no fiscal impact on businesses. 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:

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Jennifer Wiglama at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at jenniferwiglama@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:

09/02/2008

This rule may become effective on:

09/09/2008

Authorized by:

Richard J. Buehler, Director

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

R652-90. Sovereign Land Management Planning.

R652-90-300. Initiation of Planning Process.

1. A comprehensive planning process is initiated by the designation of a planning unit as planning priorities are established by the division.

2. [Site-specific planning shall be initiated either by:

(a) an application for a sovereign land use, or

(b) the identification by the division of an opportunity for commercial gain in a specific area.]Resource Management planning is initiated by the division's identification and determination that there is a need for such a plan.

3. [Resource management planning is initiated by identification by the division of a need for such a plan.]When no comprehensive management plan or a resource management plan exists for sovereign land, site-specific planning shall be initiated either by:

(a) an application for a sovereign land use, or

(b) the identification by the division of an opportunity for commercial gain in a specific area.

 

KEY: management, public meetings, environmental assessment, land use

Date of Enactment or Last Substantive Amendment: [February 15, 1996]2008

Notice of Continuation: April 2, 2007

Authorizing, and Implemented or Interpreted Law: 65A-2-4