DAR File No. 41012
This rule was published in the December 1, 2016, issue (Vol. 2016, No. 23) of the Utah State Bulletin.
Natural Resources, Forestry, Fire and State Lands
Rule R652-1
Definition of Terms
Notice of Proposed Rule
(Amendment)
DAR File No.: 41012
Filed: 11/15/2016 02:21:35 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule implements Subsection 65A-1-4(2), which authorizes the Division of Forestry, Fire and State Lands to provide definitions which apply to all rules promulgated by the division unless otherwise provided.
Summary of the rule or change:
This rule is being amended to include new definitions of the terms found in the wildland fire regulations.
Statutory or constitutional authorization for this rule:
- Subsection 65A-1-4(2)
Anticipated cost or savings to:
the state budget:
There are no aggregate anticipated costs or savings to state budget with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.
local governments:
There are no aggregate anticipated costs or savings to local government with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.
small businesses:
There are no aggregate anticipated costs or saving to small businesses with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy and does not affect small businesses.
persons other than small businesses, businesses, or local governmental entities:
There should be no persons affected by the amendment of this rule, as this rule is only being amended to include new definitions with regard to wildland fire policy.
Compliance costs for affected persons:
There are no compliance costs associated with this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no fiscal impacts on businesses, as this rule does not apply to businesses.
Michael Styler, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Natural ResourcesForestry, Fire and State Lands
1594 W NORTH TEMPLE STE 3520
SALT LAKE CITY, UT 84116-3154
Direct questions regarding this rule to:
- Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, 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:
01/03/2017
This rule may become effective on:
01/10/2017
Authorized by:
Brian Cottam, Director
RULE TEXT
R652. Natural Resources; Forestry, Fire and State Lands.
R652-1. Definition of Terms.
R652-1-100. Authority.
This rule implements Section 65A-1-4(2) which authorizes the Division of Forestry, Fire and State Lands to provide definitions which apply to all rules promulgated by the division unless otherwise provided.
R652-1-200. Definitions.
1. Animal unit (AU): is equal to one cow and calf or their equivalent.
2. Beneficiaries: the citizens of the state of Utah.
3. Beds of navigable lakes and streams: the lands lying under or below the "ordinary high water mark" of a navigable lake or stream.
4. Carrying capacity: the acreage required to adequately provide forage for an animal unit (AU) for a specified period without inducing range deterioration.
5. Commercial gain: compensation, in money, in services, or other valuable consideration rendered or products provided.
6. Comprehensive Management Plans: plans prepared for sovereign lands that guide the implementation of sovereign land management objectives.
7. Cooperative Agreement: an agreement between the Division and an eligible entity wherein the eligible entity agrees to meet a Participation Commitment and provide Initial Attack for wildland fire, and FFSL agrees to pay for wildland fire suppression costs following a Delegation of Fire Management Authority as found in Utah Code Section 65A-8-203.1, as well as all aviation asset costs charged to the incident.
8[7]. Cultural Resources: prehistoric and historic
materials, features, artifacts.
9[8]. Cultural Resource Survey:
(a) Class I: literature and site files search.
(b) Class II: sample field surface survey or inspection.
(c) Class III: intensive field surface survey.
10[9]. Director: the director of the Division of
Forestry, Fire and State Lands
11[0]. Division: Division of Forestry, Fire and State
Lands
12[1]. Easements: a right to use or restrict use of
land or a portion of a real property interest in the land for a
particular purpose granted by the division to a qualified applicant
including but not limited to transmission lines, canals and
ditches, pipelines, tunnels, fences, roads and trails.
13. Eligible entity: a county, a municipality, or a special service district, local district or service area with:
(a) wildland fire suppression responsibility as described in Section 11-7-1; and
(b) wildland fire suppression cost responsibility and taxing authority for a specific geographic jurisdiction; or
(c) upon approval by the director, a political subdivision established by a county, municipality, special service district, local district, or service area that is responsible for:
(i) providing wildland fire suppression services; and
(ii) paying for the cost of wildland suppression services.
14. Initial attack: actions taken by the first resources to arrive at a wildland fire incident, including size-up, patrolling, monitoring, holding action, or aggressive suppression action.
15[2]. Management Plans: Comprehensive Management
Plans, Resource Plans and Site-Specific Plans.
16. Municipality: a city, town, or metro township.
17[3]. Ordinary high water mark: the high water
elevation in a lake or stream at the time of statehood,
uninfluenced by man-made dams or works, at which elevation the
water impresses a line on the soil by covering it for sufficient
periods to deprive the soil of its vegetation and destroy its value
for agricultural purposes or other tests as may be applied by the
courts. This "ordinary high water mark" may not have been
adjudicated in the courts.
18[4]. Paleontological Resources (fossils): the
remains or traces of organisms, plant or animal, that have been
preserved by various means in the earth's crust.
19[5]. Paleontological Resource Survey: an evaluation
of the scientific literature or previous paleontological survey
reports to assess the potential for discovery or impact to fossils
by a proposed development, followed by a pedestrian examination of
the exposed geological formations suspected of containing fossils
of significance.
20[16]. Paleontological Site: an exposure of a
geologic formation having fossil evidence of scientific value as
determined by professional consensus.
21. Participation Commitment: prevention, preparedness, and mitigation actions and expenditures approved by the Division undertaken by a participating entity to reduce the risk of wildland fire.
22. Participating Entity: an eligible entity with a cooperative agreement.
23[17]. Planning Unit: the geographical basis of a
general or comprehensive management plan; a consolidated block of
state land, or a group of isolated state land sections or parts
thereof, or a combination of blocks and isolated sections which
provide common management opportunities or which have common
commercial gain, natural or cultural resource concerns.
24[18]. Preliminary Development Plan: the submittal,
both of maps and written material, which shall identify and
determine the extent and scope on a proposed unit development of
the entire acreage under application. It shall illustrate, in
phases, the development of the entire acreage and include a time
table of the estimated schedule of development. The preliminary
development plan shall identify density, open space, environmental
reserves, site features, services and utilities, land ownerships,
local master planning, zoning compliance and basic engineering
feasibility.
25[19]. Preliminary Development Plat: a plat which
shall outline and specify the number of dwelling units, the type of
dwelling units, the anticipated location of the transportation
systems and description of water and sewage systems for the
developed area on a Unit Development Lease.
26. State lands: all lands administered by the division.
27[0]. Range condition: the relation between current
and potential condition of the range site.
28[1]. Record of Decision: a written finding
describing a division action, relevant facts, and the basis upon
which the decision for action was made.
29[2]. Resource Plans: a plan prepared for a specific
resource, such as mining, timber, grazing or real estate.
30[23]. Rights-of-Entry: a right to a specific,
non-depleting land use granted by the division to a qualified
applicant that is temporary in nature, generally not to exceed one
year in duration, including but not limited to seismic and land
surveys, research sites, access across sovereign lands, and other
temporary types of land uses.
31[24]. Significant site: any site which is
designated by the Division of State History as scientifically
worthy of specific management.
32[25]. Site: archaeological and cultural sites are
places of prehistoric and historic human activity including
aboriginal mounds, forts, buildings, earth works, village
locations, burial grounds, ruins, caves, petroglyphs, pictographs,
or other locations which are the source of prehistoric cultural
features and specimens.
33[26]. Site Specific Plans: plans prepared for
sovereign lands which provide direction for specific actions.
Site-specific plans shall include Records of Decision in either
narrative or summary form.
34[27]. Sovereign lands: those lands lying below the
ordinary high water mark of navigable bodies of water at the date
of statehood and owned by the state by virtue of its sovereignty or
land received in exchange for sovereign lands.
35[28]. Survey Report: report of the various site
files and field surveys or inspections.
36. Wildland: an area where:
(a) development is essentially non-existent, except for roads, railroads, power line or similar transportation facilities; and
(b) structures, if any, are widely scattered.
37. Wildland fire: a fire that consumes:
(a) wildland; or
(b) Wildland-urban interface, as defined in Section 65A-8a-102.
KEY: administrative procedures , definitions
Date of Enactment or Last Substantive Amendment: [1993]2017
Notice of Continuation: April 2, 2012
Authorizing, and Implemented or Interpreted Law: 65A-1-4(2)
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.