Natural Resources, Wildlife Resources

Rule R657-56

Recreational Lease of Private Lands for Free Public Walk-in Access

Notice of Proposed Rule

(Amendment)

DAR File No.: 35214
Filed: 09/01/2011 10:48:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input. The purpose of this rule is to provide the standards, procedures, and requirements necessary to administer a walk-in access (WIA) program to compensate private landowners for a recreational lease of their property to allow free public WIA for fishing, hunting, and trapping.

Summary of the rule or change:

The proposed revisions to this rule: 1) allow two or more landowners to combine property and form a WIA landowner association to make larger tracts of private property available; 2) allow habitat improvement projects in addition to monetary payments; 3) set regulations for habitat projects; 4) set regulations for a Walk-in Access Authorization program; and 5) make technical corrections.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 57-14-1
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

None--This is an existing program and the associated costs have been funded with monies from existing funding sources. Therefore, the Division of Wildlife Resources (DWR) determines that this rule does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Private landowners will be compensated by DWR through a recreational lease but it is not anticipated that it will produce a cost or savings for them. This rule does not impose any additional requirements on small businesses, and because this rule provides for free public access, DWR has determined that this rule does not create a cost or savings impact to small businesses.

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

Private landowners will be compensated by DWR through a recreational lease but it is not anticipated that it will produce a cost or savings for them. This rule does not impose any additional requirements on other persons, and because this rule provides for free public access, DWR has determined that this rule does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule is proposed to compensate private landowners for allowing free WIA to the public and does not impose any cost requirements for affected persons.

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

This rule does not create an impact on 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
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, 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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

James Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-56. Recreational Lease of Private Lands for Free Public Walk-in Access.

R657-56-1. Purpose and Authority.

Under the authority of Sections 23-14-3(2), 23-14-18, and 23-14-19, this rule provides the procedures, standards, and requirements to administer a [walk-in access]Walk-In Access program in the State of Utah designed to compensate private landowners for [a recreational lease of their]leasing private property for the purpose of allowing free public [walk-in] access [to fish, hunt, or trap]for wildlife dependent recreation.

 

R657-56-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a) "Base rate fee" is the minimum payment that a landowner is eligible for excluding all bonus payments.

(b) "Contiguous" means parcels of real property that share a common property line and are otherwise connected as a single mass, excluding parcels that adjoin only at corners.

([a]c) "Landowner association" means a landowner or group of landowners of private land organized as a single entity for the purpose of applying for and becoming a WIA property.

(d) "Landowner association chair" means an individual designated by a landowner association as their representative.

(e) "Landowner association member" means an individual landowner participating in the landowner association.

(f) "Private landowner" means any individual, partnership, corporation, or association that possesses the legal right on private property to grant a recreational lease.

([b]g) "Recreational lease activities" [means]mean wildlife dependent recreation limited to fishing, hunting or trapping as provided in the wildlife dependent recreational lease agreement.

([c]h) "WIA" means walk-in access.

[ (d) "WIFA" means walk-in fishing access, which provides free public access to fish waters located on private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIFA recreational lease agreement.

(e) "WIHA" means walk-in hunting access, which provides free public access to hunt private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIHA recreational lease agreement.

(f) "Contiguous block" means a polygon of land that is connected as a single mass.

]

R657-56-3. Walk-In Access Landowner Enrollment Procedures.

(1) A private landowner with eligible property may participate in the WIA program[.

(2) A private landowner interested in participating in the WIA program must submit an enrollment form] provided they submit an applicationto the appropriate division office by [March 1, and provide]June 30, with the following information:

(a) evidence of property ownership, or if leasing the private property a copy of the lease agreement; and

(b) county recorder plat maps or equivalent maps, dated by receipt of purchase within 30 days of the initial or renewal enrollment deadline, depicting boundaries and ownership of all property enrolled in the WIA.

(c) the private landowner's signature.

(3) [Enrollment]two or more landowners with contiguous properties may join together to form a landowner association provided the combined properties meet the minimum requirements in R657-56-5.

(4) Applicationforms are available at the appropriatedivision office[ or through the division's web site].

 

R657-56-4. Walk-In Access Recreational Lease Agreement.

(1) The division and private landowner shall prepare and agree to the terms in a WIA recreational lease agreement by [May]July 1.

(2) Terms in the WIA recreational lease agreement shall include private landowner and division responsibilities, including the provisions [as provided] in Sections R657-56-8 and R657-56-9, and compensation necessary to provide free public access for [fishing, hunting, or trapping]wildlife dependent recreational activities on private property.

(3) The amount of compensation [to be] paid to the private landowner participating in the WIA program shall be determined by:

(a) the type of wildlife dependent recreational lease activity allowed on the private property;

(b) the duration of the recreational lease agreement; and

(c) the number of acres of private land or pond, or miles of stream or river available for free public walk-in access.

(4) Upon mutual agreement, the division may provide [in-kind] habitat improvement ,materials , or labor on the WIA property in lieu of all or part of the monetary [payment to the landowner]compensation otherwise duefor free public walk-in access .

(a) If habitat improvement, materials, and/or labor are provided by the division then the duration of the agreement shall be determined upon mutual agreement and based on the divisions cost estimate for the project.

 

R657-56-5. Walk-In [Hunting] Access Program Requirements.

(1) Private property enrolled in the [WIHA Program]WIA program must provide suitable [wildlife] habitat [to]that can support the wildlife dependent recreational lease activity described in the [WIHA]WIA recreational lease agreement, and:

(a) contain no less than an 80 acre contiguous block of land for hunting or trapping;

(b) contain no less than a 40 acre contiguous block of wetland or riparian land[;] for huntingor trapping;

[(c) provide](c) contain a minimum of .25 miles of stream or river;

(d) contain a minimum 5 acres of pond;

(e) the property provides an access corridor to comparable tracts of isolated public land or fishing waters open to free [public hunting or trapping]wildlife dependent recreational activities.

(2) If two or more landowners are joining private property to form a landowner association for the WIA program the property must:

(a) contain no less than a 320 acre contiguous block of land for hunting or trapping;

(b) contain no less than a 160 acre contiguous block of wetland or riparian land for hunting or trapping;

(c) contain a minimum of 1 mile of stream or river.

(3) No land parcel may be included in more than one WIA.

(4)(a) Division personnel shall evaluate proposed [WIHA]WIA property to determine if the property provides suitable wildlife [habitat and wildlife]or fish populations and habitat for the designated recreational lease activity.

(b) The property must be capable of independently maintaining the respective species and harboring them during the period of the designated recreational lease.

(c) If the property is approved for the designated wildlife dependent recreational lease activity, the division and private landowner may enter into the [WIHA]WIA recreational lease agreement as provided in Section R657-56-4.

 

[ R657-56-6. Walk-In Fishing Access Requirements.

(1) Private property enrolled in the WIFA Program must provide suitable fishing waters and fish to support the recreational lease activity described in the WAFA recreational lease agreement, and:

(a) contain a minimum 0.25 miles of stream or river;

(b) contain a minimum 5 acres of pond; or

(c) the property provides an access corridor to comparable fishing waters on isolated public land open to public fishing.

(2)(a) Division personnel shall evaluate proposed WIFA property to determine if the property provides suitable fishing waters and fish.

(b) If the property is approved for the designated recreational lease activity, the division and private landowner may enter into the WIFA recreational lease agreement as provided in Section R657-56-4.

 

] R657-56-7. Walk-In [ Hunting and Fishing ] Access Compensation.

(1) The amount of compensation payment to a landowner is determined by the acreage [that will be]or miles of stream used for the WIA program[,]and the type of recreational[lease] activity allowed on the private property[ using the base rate fee as provided in the recreational lease agreement].

( a) Payments to a landowner association will be issued to the WIA landowner chair who will be responsible for disbursement of funds to other participating landowners.

(b) The landowner association will receive a base rate fee for the qualifying property and activity in addition to a bonus of 25% of the base rate.

(2) A bonus fee will be added to the base rate fee when a private landowner[ initially]enrolls private property in the recreational lease agreement for additional consecutive years as follows:

(a) five percent will be added for two years; or

(b) ten percent will be added for three years ; or

(c) fifteen percent will be added for four years; or

(d) twenty percent will be added for five years.

(3) Upon mutual agreement, the division may provide habitat improvement, materials, or labor on the WIA property in lieu of all or part of the monetary compensation otherwise due for free public walk-in access.

(a) Employees of the division will provide evaluation of the property for habitat improvement.

(b) A habitat project proposal must be completed, reviewed, and approved through the divisions Habitat Council, Blue Ribbon Fisheries Council, or the Watershed Restoration Initiative.

(c) The division and the private landowner will agree to the duration of the agreement based on the estimated value of the habitat project as determined by the division.

 

R657-56-8. Walk-In Access Program Landowner Responsibilities.

(1) Each private landowner enrolled in the WIA program must provide:

(a) free public walk-in access for wildlife dependent recreational lease activities as provided in the recreational lease agreement; and

(b) private land with suitable [wildlife] habitat [to]that cansupport the recreational lease activity; or

(c) an access corridor to comparable tracts of isolated public land open to free public [fishing, hunting or trapping]access for wildlife dependent recreational activities.

(2) Each private landowner must indicate the type of landowner authorization required for the public to use the WIA for [fishing, hunting, or trapping,]wildlife dependent recreational activities as follows:

(a) WIA authorization is [not required]the only requirementto access the property;

(b) registration at a WIA site is required prior to accessing the property; or

(c) contacting the landowner is required prior to accessing the property.

(3) The private landowner must transfer to the division, the recreational lease of their property for the wildlife dependent recreational lease activities designated in the WIA recreational lease agreement.

 

R657-56-9. Walk-In Access Program Division Responsibilities.

The division shall provide:

(1) evaluations of [wildlife] habitat, [and] wildlife or fish on the proposed WIA property as provided in [Subsections]SectionR657-56-5[(2)(a) or R657-56-6(2)(a)];

(2) WIA recreational lease agreement forms;

(3) WIA authorization program;

(4) WIA registration forms and boxes when applicable[;

(4) signs for enrolled WIA property];

(5) maps, requirements, and signs for enrolled WIA property as provided in the recreational lease agreement; and

(6) law enforcement during applicable [fishing, hunting, or trapping seasons]wildlife dependent recreational activites;[

(6) maps of approved and enrolled WIA locations and requirements as provided in the recreational lease agreement;] and

(7) compensation payments to landowners following successful completion of the terms of the WIA recreational lease agreement.

 

R657-56-10. Termination of Walk-In Access Recreational Lease Agreement.

(1) The WIA recreational lease agreement may be:

(a) terminated for any reason by either party upon 30 days written notice; or

(b) amended at any time upon written agreement by the landowner and the division.

(2) If a WIA recreational lease agreement is terminated as provided in Subsection (1)(a), prior to the ending date specified in the recreational lease agreement, the compensation [payment] fee shall be prorated based upon the recreational lease activity provided and the number of days that access was provided.

(3) Restriction of public use by the landowner of the private property enrolled in the WIA program in violation of the recreational lease agreement may void all or a portion of the WIA recreational lease agreement.

(4) Any change in private [landownership]land ownership of enrolled WIA property may terminate the WIA recreational lease agreement.

(5) Misrepresentation of enrolled private property in the WIA program shall terminate the WIA recreational lease agreement.

(6) If a habitat project is provided by the division and the landowner terminates the contract prior to the agreed term, the landowner will be required to reimburse the division the value of the project, which shall be prorated based on termination date.

 

R657-56-11. Liability Protection for Walk-In Access Private Landowner.

Landowner liability may be limited when free public access is allowed on private property enrolled in the WIA program for the purpose of any recreational lease activities as provided in Title 57, Chapter 14 of the Utah Code.

 

R657-56-12. Licenses, Permits and Seasons.

(1) Any person accessing WIA private lands [to fish, hunt, or trap]for wildlife dependent recreational activitiesmust obtain and possess the required valid license or permit for the recreational lease activity, and must adhere to the respective rules and proclamations established by the Wildlife Board.

(2)(a) If enrolled WIA property requires prior private landowner authorization or any other requirement as provided in the recreational lease agreement, any person entering enrolled WIA private lands [to fish, hunt, or trap]for wildlife dependent recreation must comply with said requirements.

(b) The division shall provide to the public maps of approved and enrolled WIA locations and requirements as determined in the recreational lease agreement.

 

R657-56-13. Walk-in Access Authorization Program (WIAA).

(1) Any person 14 years of age and older must obtain an annual Walk-in Access Authorization registration number to access properties enrolled in the Walk-in Access Program and may be required, while in the field, to prove they have registered.

(2) WIA authorization numbers will be valid from January 1 to December 31 for the year that they are obtained.

(3) To obtain an WIA authorization number, a person must call the telephone number published on-line or on signs available at WIA access points and provide the following information:

(a) combination, fishing, or hunting license number;

(b) license code or type;

(c) name;

(d) address;

(e) phone number;

(f) birth date; and

(g) information about their use of Walk-in Access areas.

 

R657-56-14. Right to Deny Access.

The division or the private landowner reserves the right to deny a person access to the WIA property described in the recreational lease agreement for causes related to, but not limited to, intoxication, damage to WIA property, violations of conditions provided in the recreational lease agreement, failure to obtain a WIA authorization number, or any wildlife violation committed on WIA property.

 

R657-56-[14.]15. Prohibited Activities.

(1) It is unlawful for any person to access WIA property in violation of the recreational lease agreement, or refuse to leave WIA property when requested by the landowner, a division representative, or a peace officer.

(2) Any person accessing WIA property in violation of Subsection (1) may further be subject to criminal trespass prosecution as provided in Sections 23-20-14 and 76-6-206.

 

R657-56-[15.]16. Walk-In Access Advisory Committee.

(1) A WIA Advisory Committee shall be created consisting of five members nominated by the five division [Supervisors]regional supervisors, and approved by the Director.

(2) The committee shall include:

(a) two sportsmen representatives;

(b) two agricultural representatives;

(c) one elected official; and

(d) the division's Wildlife Section Chief, or designee.

(3) The committee shall be chaired by the Wildlife Section Chief, or designee, who shall be a non-voting member.

(4) The committee will:

(a) hear complaints dealing with fair and equitable treatment of anglers, hunters, or trappers on enrolled WIA property;

(b) hear complaints dealing with fair and equitable treatment of WIA private landowners; and

(c) make advisory recommendations to the Director.

(5) The Wildlife Section Chief shall determine the agenda, time, and location of the WIA Advisory Committee meetings.

(6) The director may mitigate or resolve issues dealing with complaints.

(7) Members of the advisory Committee shall serve a term of four years, except members may be appointed for a term of two years to ensure that the term of office are staggered.

(a) The Wildlife Section Chief is not subject to a term limitation.

 

KEY: wildlife, private landowners, public access

Date of Enactment or Last Substantive Change: [August 7, 2007]2011

Notice of Continuation: November 1, 2010

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 57-14-1