Natural Resources, Forestry, Fire and State Lands

Section R652-70-700

Permit Rates

Notice of Proposed Rule

(Amendment)

DAR File No.: 33268
Filed: 12/14/2009 02:40:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the process by which public agencies may have the permit application and rental fee's waived.

Summary of the rule or change:

This change discusses the permit rates for sovereign land use. The previous rule was unclear on how application and rental fees could be waived for public agencies.

State statutory or constitutional authorization for this rule:

• Section 65A-10-1

Anticipated cost or savings to:

the state budget:

There should be no change in the state budget. The rule merely clarifies current practice and no policy or budget changes will take place.

local governments:

There should be no change in local government budgets. The rule clarifies current practice and no policy or budget changes will take place with this rule change.

small businesses:

Small businesses would not have any costs associated with the rule change since fees waived only apply to public agencies.

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

Persons other than small businesses, businesses, or local government entities would not have any costs associated with the rule change since fees waived only apply to public agencies.

Compliance costs for affected persons:

There are no costs for affected persons since this rule changes only affects public agencies and does not reflect any policy or budget changes in current practice.

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

This should have no effect on business.

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
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Jennifer Sullivan at the above address, by phone at 801-538-5495, 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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Richard Buehler, Director

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

R652-70. Sovereign Lands.

R652-70-700. Permit Rates.

1. An application fee may be waived if it is[No application fee shall be charged] for a public agency 's use of sovereign lands and if the director determines that the agency use enhances public use and enjoyment of sovereign land.

2. A rental fee may be waived if it is[No rental shall be charged] for a public agency 's use of sovereign lands and if the director determines that a commensurate public benefit accrues from the use.

3. The division shall establish rental rates for any private recreational use of sovereign land as outlined under R652-70-300(2)(c). The adjacent upland owner shall also pay to the division, in accordance with its current fee schedule, the division's expenses in issuing a general permit.

4. The director may negotiate a filing fee for general permits with impacted governmental agencies. This would be a one-time package fee for currently existing uses of sovereign lands. Future application for use will be treated under the existing fee schedule or may be authorized by the amendment of an existing permit, after payment of an amendment fee pursuant to R652-4.

5. The director may enter into agreements with state agencies having regulatory authority on navigable lakes and rivers to allow these agencies to authorize public agency use of sovereign land provided that:

(a) the use is consistent with division policies and coordinated with other activities of the division;

(b) the applicant has an existing general permit in good standing under which the proposed use can be placed pursuant to R652-70-700(3);

(c) a commensurate public benefit accrues from the use, as indicated by criteria provided in the agreement;

(d) the proposed use meets the criteria required by the state agency; and

(e) the proposed use is consistent with the principles of multiple use and sustained yield as defined in Section 65A-1-1.

 

KEY: sovereign lands, permits, administrative procedures

Date of Enactment or Last Substantive Amendment: [May 26, 2009]2010

Notice of Continuation: April 2, 2007

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