This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Natural Resources, Forestry, Fire and State Lands
NOTICE OF PROPOSED RULE
DAR File No.: 32486
Filed: 04/01/2009, 08:25
Received by: NL
Purpose of the rule or reason for the change:
The reason for the change of this rule is to accommodate the changes in S.B. 138 from the 2007 General Session which repeals the authority in state land's statutes to specify by administrative rule conduct that may constitute a misdemeanor or a felony. (DAR NOTE: S.B. 138 (2007) is found at Chapter 322, Laws of Utah 2009, and was effective 04/30/2007.)
Summary of the rule or change:
The rule removes references to any misdemeanors on state lands and also realigns references to renumbered code.
State statutory or constitutional authorization for this rule:
Article XX of the Utah Constitution, and Section 65A-10-1
Anticipated cost or savings to:
the state budget:
This rule merely changes language and references in code but does not fiscally impact the budget.
This rules does not impact local governments, so no budget impacts are anticipated.
small businesses and persons other than businesses:
This rule does not impact small businesses, so no budget impacts are anticipated.
Compliance costs for affected persons:
There is no compliance cost for affected persons since there are no changes in compliance or regulations in the rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no compliance or regulatory costs to businesses as a result of this rule amendment, therefore, there is no budgetary impact to businesses. Michael R. 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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Richard J. Buehler, Director
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 the beds of navigable lakes and rivers. Except as provided elsewhere in this rule, 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.
accordance with Subsections 65A-3-1(1)(b)]
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.]
The following acts
or omissions shall subject a person to a civil penalty as provided in Section[
[ 65A-3-1(2)][ and 76-3-204]:
1. A violation of the provisions of Section [
2. A violation of any special order of the director applicable to the bed of a navigable water; or
3. Refusal to cease and desist from any violation in regards to the bed of a navigable water after having been notified to do so, in writing, by the director by personal service or certified mail, within the time provided in the notice, or within 30 days of service of the notice if no time is provided.
R652-70-2300. Management of Bear Lake Sovereign Lands.
(1) Lands lying below the ordinary high water mark of Bear Lake as of the date of statehood are owned by the state of Utah and shall be administered by the division as sovereign lands.
(2) Upon application for a specific use of state lands near the boundary of Bear Lake, or in the event of a dispute as to the ownership of the sovereign character of the lands near the boundary of Bear Lake, the division may evaluate all relevant historical evidence of the lake elevation, the water erosion along the shoreline, the topography of the land, and other relevant information to determine the relationship of the land in question to the ordinary high water mark.
(3) In the absence of evidence establishing the ordinary high water mark as of the date of statehood, the division shall administer all the lands within the bed of Bear Lake and lying below the level of 5,923.68 feet above mean sea level, Utah Power and Light datum, as being sovereign lands.
(4) The division, after notice to affected state agencies and any person with an ownership in the land, may enter into agreements to establish boundaries with owners of land adjoining the bed of Bear Lake; provided that the agreements shall not set a boundary for sovereign lands below the level of 5,923.68 feet above mean sea level.
(5) From October 1 through April 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:
(a) Motor vehicles will not be allowed on lands administered by the Division of Parks and Recreation.
(b) The established speed limit is 20 miles per hour.
(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the water's edge. Travel parallel to the water's edge is allowed, outside of the 100 foot zone.
(d) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 6 a.m.
(e) No campfires or fireworks are allowed.
(6) From May 1 through September 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:
(a) Areas posted by the division are off limits to motorized vehicles.
(b) The established speed limit is 15 miles per hour.
(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the waters edge.
(d) Unless posted otherwise, or to access a camping or picnicking spot, no motor vehicles may travel parallel to the waters edge.
(e) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 7 a.m.
(f) No campfires or fireworks are allowed.
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
KEY: sovereign lands, permits, administrative procedures
Date of Enactment or Last Substantive
May 20, 2005]
Notice of Continuation: April 2, 2007
Authorizing, and Implemented or Interpreted Law: 65A-10-1
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Jennifer Wiglama at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at email@example.com
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.
Last modified: 04/13/2009 4:53 PM