Natural Resources, Forestry, Fire and State Lands

Section R652-90-600

Public Review

Notice of Proposed Rule

(Amendment)

DAR File No.: 33276
Filed: 12/15/2009 02:30:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment isto clarify to the public how they can get a Record of Decision or other document summarizing Division action on any planning process.

Summary of the rule or change:

This rule allows the public to receive a Record of Decision or other document summarizing Division action on any planning process upon request. The previous rule was ambiguous on how a member of the public can get a copy of the Record of Decision for a comprehensive planning process, or a resource planning process. Under Division policy, posts the Record of Decision on the planning processes for comprehensive and resource planning processes.

State statutory or constitutional authorization for this rule:

• Section 65A-2-4
• Section 65A-2-2

Anticipated cost or savings to:

the state budget:

There might be some minor costs associated with copying and mailing a copy of the Record of Decision to those requesting it. The Division will absorb those costs within its normal budget.

local governments:

Local government would not have any costs associated with the rule change. If the local government wanted a copy of the Record of Decision it would merely request a copy.

small businesses:

Small businesses would not have any costs associated with the rule change. If the small business wanted a copy of the Record of Decision it would merely request a copy.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small business, businesses, or local government entities would not have any costs associated with the rule change. If they wanted a copy of the Record of Decision they would merely request a copy. The costs would be borne by the state.

Compliance costs for affected persons:

There is no costs for affected persons. The planning process is a public process, affecting the public lands, and any member of the public who wanted a copy of the Record of Decision can ask for a copy.

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

This should have no effect 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:

• Dave Grierson at the above address, by phone at 801-538-5504, by FAX at 801-533-4111, or by Internet E-mail at [email protected]
• Jennifer Sullivan at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at [email protected]

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Richard Buehler, Director

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

R652-90. Sovereign Land Management Planning.

R652-90-600. Public Review.

1. Comprehensive management plans shall be published in draft form and sent to persons on the mailing list established under R652-90-400, the Governor's Office of Planning and Budget, and other persons upon request.

(a) A public comment period of at least 45 days shall commence upon receipt of the draft in the Governor's Office of Planning and Budget.

(b) All public comment shall be acknowledged pursuant to 65A-2-4(2).

(c) The division's response to the public comment shall be summarized in the final comprehensive management plan.

(d) Comments received after the public comment period shall be acknowledged but need not be summarized in the final plan.

2. Resource plans shall be published and made available upon request.

(a) Persons wishing to comment on these plans may do so at any time.

(b) The division shall acknowledge all written comments.

3. Upon completion of any[site-specific] planning process, the Record of Decision or other document summarizing final division action and relevant facts shall be provided to any persons requesting notice from the division.

 

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

Date of Enactment or Last Substantive Amendment: [May 26, 2009]2010

Notice of Continuation: April 2, 2007

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