DAR File No. 40447

Natural Resources, Parks and Recreation

Rule R651-601

Definitions as Used in These Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 40447
Filed: 05/25/2016 04:53:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

An amendment is being made to the Aircraft and Powerless Flight rule to address unmanned aircraft. A definition is needed for this change.

Summary of the rule or change:

The Division of Parks and Recreation is addressing drone use with the state park system. A rule amendment is being made that will clarify the use of unmanned aircraft within state parks. Unmanned aircraft (including drones) use in Utah have skyrocketed over the past few years. People are looking for places to fly their unmanned aircraft and have found that state parks are good places to do this. For the most part, park managers consider the flight of unmanned aircraft in state parks as an opportunity to attract more visitors. They have created few management problems, but there are times when they have experienced user conflicts with other park visitors, wildlife disturbances, and general safety concerns. The rule requires that all state park visitors obtain written permission from the park manager prior to flying an unmanned aircraft. The park manager will then determine under what circumstances they will be allowed to fly, if any.

State statutory or constitutional authorization for this rule:

• Section 79-4-304
• Section 79-4-501

Anticipated cost or savings to:

the state budget:

There is minimal staff cost in issuing permits. The amount is unknown at this time because it is a new process and the agency does not know how many there will be. The time to issue a permit will take approximately five minutes.

local governments:

There is no affect to local government as this rule addresses unmanned aircraft within the state park system.

small businesses:

There is no affect to small businesses as this rule addresses unmanned aircraft within the state park system.

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

There is no cost to any other person as there is no fee attached to obtaining a permit.

Compliance costs for affected persons:

The cost to these persons will be time to acquire the permit prior to using the unmanned aircraft. There is no fee attached to the permit.

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

There is 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
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

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]

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:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-601. Definitions as Used in These Rules.

R651-601-1. Division.

"Division" means the Division of Parks and Recreation, Department of Natural Resources.

 

R651-601-2. Ranger.

"Ranger" means any employee of the Division who is designated by the Director or his designee as a law enforcement officer as defined in Section 53-13-103.

 

R651-601-3. Division Representative.

"Division Representative" means any employee of the Division authorized by the Director or his designee to act in an official capacity.

 

R651-601-4. Natural and Cultural Resources.

"Natural and Cultural Resources" means those features and values including all lands, minerals, soils and waters, natural systems and processes, and all plants, animals, topographic, geologic and paleontological components of a park area as well as all historic and pre-historic, sites, trails, structures, inscriptions, rock art and artifacts representative of a given culture occurring on or within any park area.

 

R651-601-5. Park System.

"Park system" means all natural and cultural resource, and all buildings and other improvements owned, leased, or otherwise managed by the Division.

 

R651-601-6. Park Area.

"Park area" means any individual park property in the park system.

 

R651-601-7. Manager.

"Manager" means the Division representative in charge of a park area.

 

R651-601-8. Permission.

"Permission" means oral or written authorization by a park representative.

 

R651-601-9. Permit.

"Permit" means written authorization by a park representative.

 

R651-601-10. Posted.

"Posted" means displayed printed instruction or information.

 

R651-601-11. Person.

"Person" means individual, corporation, company, partnership, trust, firm, or association of persons.

 

R651-601-12. Commercial Activity.

"Commercial Activity" means any activity, private or otherwise, that is for the purpose of commercial gain, or that is part of any scheme or plan established for the purpose of obtaining commercial gain. This includes, but is not limited to:

(1) sales of goods or merchandise.

(2) rentals of equipment.

(3) collection of entrance or admission fees.

(4) collection of storage or use fees.

(5) sales of services.

(6) delivery service of rental equipment to the park area by a rental agency as part of a customer rental agreement.

 

R651-601-13. Commercial Gain.

"Commercial gain" means compensation in money, services, or other consideration as part of a scheme or effort to generate income or financial advantage of any kind.

 

R651-601-14. Concession Contract.

"Concession Contract" means a use agreement granted to an individual, partnership, corporation, or other recognized organization, for the purpose of providing services or sales of goods or merchandise for conducting commercial activity.

 

R651-601-15. Special Use Permit.

"Special Use Permit" means written permission given to an individual, partnership, corporation, or other recognized organization for the purpose of conducting the following: 1) special events whether commercial or non-commercial; 2) certain limited concession activities; and 3) commercial services as guides, provisioners, and/or outfitters.

 

R651-601-16. Cooperative Agreement.

A written instrument whereby two or more parties agree to terms governing the parties' relationship, much as a contract. Informal interoffice communication definition does not apply in this case.

 

R651-601-17. Definitions.

(1) "Motorized Transportation Device" means any motorized device used as a mode of transportation that includes: "Electric assisted bicycles", "Mopeds", "Motor Assisted scooters", "motorcycles", "motor-driven cycle", and "personal motorized mobility device" as defined in Utah State Code 41-6-1. "Motorized wheelchairs" are also included under this definition.

 

R651-601-18. Unmanned Aircraft.

(1) "Unmanned Aircraft" means an aircraft that is capable of sustaining flight and that operates with no possible direct human intervention from, on or within the aircraft.

 

KEY: parks, off-highway vehicles

Date of Enactment or Last Substantive Amendment: [April 7, 2011]July 22, 2016

Notice of Continuation: June 25, 2013

Authorizing, and Implemented or Interpreted Law: 41-22-10; 79-4-203; 79-4-304; 79-4-601