Natural Resources, Parks and Recreation

Rule R651-204

Regulating Waterway Markers

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34385
Filed: 01/26/2011 08:40:59 AM

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:

Statute authorizes the State Parks Board to promulgate rules regulating waterway markers in Subsection 73-18-4(1)(b): "The board may promulgate rules: (b) regulating the placement of waterway markers and other permanent or anchored objects on the waters of this state...."

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 in support of opposition of this rule have been received.

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

Waterway marker placement and security are important to the safe navigation of vessels. Waterway markers placed by non-approved agencies or private entities could cause confusion and accidents on our waterways. Placement of unmarked hazards by agencies or the public can cause accidents for unsuspecting boaters. Therefore, this rule should be continued.

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:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [email protected]

Authorized by:

Fred Hayes, Acting Operations Deputy Director

Effective:

01/26/2011