DAR File No. 32486

Natural Resources, Forestry, Fire and State Lands

R652-70

Sovereign Lands

NOTICE OF PROPOSED RULE

DAR File No.: 32486
Filed: 04/01/2009, 08:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change of this rule is to accommodate the changes in S.B. 138 from the 2007 General Session which repeals the authority in state land's statutes to specify by administrative rule conduct that may constitute a misdemeanor or a felony. (DAR NOTE: S.B. 138 (2007) is found at Chapter 322, Laws of Utah 2009, and was effective 04/30/2007.)

Summary of the rule or change:

The rule removes references to any misdemeanors on state lands and also realigns references to renumbered code.

State statutory or constitutional authorization for this rule:

Article XX of the Utah Constitution, and Section 65A-10-1

Anticipated cost or savings to:

the state budget:

This rule merely changes language and references in code but does not fiscally impact the budget.

local governments:

This rules does not impact local governments, so no budget impacts are anticipated.

small businesses and persons other than businesses:

This rule does not impact small businesses, so no budget impacts are anticipated.

Compliance costs for affected persons:

There is no compliance cost for affected persons since there are no changes in compliance or regulations in the rule.

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

There is no compliance or regulatory costs to businesses as a result of this rule amendment, therefore, there is no budgetary impact to 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
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Jennifer Wiglama at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, or by Internet E-mail at jenniferwiglama@utah.gov

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:

05/15/2009

This rule may become effective on:

05/22/2009

Authorized by:

Richard J. Buehler, Director

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

R652-70. Sovereign Lands.

R652-70-1900. Camping and Motor Vehicles.

1. The division may restrict camping on the beds of navigable lakes and rivers. Except as provided elsewhere in this rule, motor vehicles are prohibited from driving or parking on these lands at all times, except that those areas supervised by the Division of Parks and Recreation or other enforcement entity, and posted as open to vehicle use, will be open to vehicle use.

2. Persons found in violation of[In accordance with Subsections 65A-3-1(1)(b)] 65A-3-1(1)(g-h) are subject to the criminal penalties set forth in[and] 76-3-204[,] and 76-3-301 as determined by the court.[ those found in violation of this rule will be charged with a class B misdemeanor, with sentence, fine, or both to be determined by the local magistrate.]

 

R652-70-2200. Violations.

The following acts or omissions shall subject a person to a civil penalty as provided in Section[s] [65A-3-1(2)]65A-3-1(3)[ and 76-3-204]:

1. A violation of the provisions of Section [65A-3-1(1)]65A-3-1(1-2);

2. A violation of any special order of the director applicable to the bed of a navigable water; or

3. Refusal to cease and desist from any violation in regards to the bed of a navigable water after having been notified to do so, in writing, by the director by personal service or certified mail, within the time provided in the notice, or within 30 days of service of the notice if no time is provided.

 

R652-70-2300. Management of Bear Lake Sovereign Lands.

(1) Lands lying below the ordinary high water mark of Bear Lake as of the date of statehood are owned by the state of Utah and shall be administered by the division as sovereign lands.

(2) Upon application for a specific use of state lands near the boundary of Bear Lake, or in the event of a dispute as to the ownership of the sovereign character of the lands near the boundary of Bear Lake, the division may evaluate all relevant historical evidence of the lake elevation, the water erosion along the shoreline, the topography of the land, and other relevant information to determine the relationship of the land in question to the ordinary high water mark.

(3) In the absence of evidence establishing the ordinary high water mark as of the date of statehood, the division shall administer all the lands within the bed of Bear Lake and lying below the level of 5,923.68 feet above mean sea level, Utah Power and Light datum, as being sovereign lands.

(4) The division, after notice to affected state agencies and any person with an ownership in the land, may enter into agreements to establish boundaries with owners of land adjoining the bed of Bear Lake; provided that the agreements shall not set a boundary for sovereign lands below the level of 5,923.68 feet above mean sea level.

(5) From October 1 through April 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:

(a) Motor vehicles will not be allowed on lands administered by the Division of Parks and Recreation.

(b) The established speed limit is 20 miles per hour.

(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the water's edge. Travel parallel to the water's edge is allowed, outside of the 100 foot zone.

(d) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 6 a.m.

(e) No campfires or fireworks are allowed.

(6) From May 1 through September 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:

(a) Areas posted by the division are off limits to motorized vehicles.

(b) The established speed limit is 15 miles per hour.

(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the waters edge.

(d) Unless posted otherwise, or to access a camping or picnicking spot, no motor vehicles may travel parallel to the waters edge.

(e) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 7 a.m.

(f) No campfires or fireworks are allowed.

(7) Persons found in violation of[In accordance with Subsections 65A-3-1(1)(b)] 65A-3-1(1) and 65A-3-1(2) are subject to the criminal penalties set forth in 76-3-204 and 76-3-301[,] as determined by the court as well as civil damages set forth in 65A-3-1(3).[ those found in violation of this rule will be charged with a class B misdemeanor, with sentence, fine, or both to be determined by the local magistrate.]

 

KEY: sovereign lands, permits, administrative procedures

Date of Enactment or Last Substantive Amendment: [May 20, 2005]2009

Notice of Continuation: April 2, 2007

Authorizing, and Implemented or Interpreted Law: 65A-10-1