Natural Resources, Forestry, Fire and State Lands

Rule R652-140

Utah Forest Practices Act

Notice of Proposed Rule

(Amendment)

DAR File No.: 34313
Filed: 12/15/2010 02:39:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to update the address of one of the area offices, extend the valid period of operator registration, and include rules that relate to the application, approval, implementation, and monitoring of forest stewardship plans as they relate to Subsection 65A-8a-106(3).

Summary of the rule or change:

This rule clarifies the process for application, approval, implementation, and monitoring of Forest Stewardship Plans as they relate to the following acts: Subsection 59-2-503(3)(a)(B)(ii), Farmland Assessment Act, and Section 65A-8a-106, Forest Practices Act.

State statutory or constitutional authorization for this rule:

• Subsection 65A-8a-106(3)

This rule or change incorporates by reference the following material:

• Adds Forest Stewardship Program National Standards and Guidelines, published by USDA Forest Service, February 2009

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the Division of Forestry, Fire, and State Lands is already implementing procedures that are the same as the proposed rule changes.

local governments:

There are no anticipated costs or savings to the local governments because this rule only pertains to private landowners who want to maintain "greenbelt" status while removing livestock for a specified period of time. It maintains the status quo with regards to local property taxes.

small businesses:

There are no anticipated costs or savings to small businesses because this rule only pertains to private landowners who want to maintain "greenbelt" status while removing livestock for a specified period of time.

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

This rule change maintains the status quo with regards to taxes. However, there may be some costs incurred by private landowners who choose to implement their Forest Stewardship Plan.

Compliance costs for affected persons:

There are no mandatory compliance costs associated with this rule change. Costs associated with the implementation of a Forest Stewardship Plan have a wide range of variability. They could range from $20/acre to upwards of $250/acre. These costs will only occur if the landowner chooses to implement the portion of this rule as it relates to the Farmland Assessment Act, which includes: 1) timber stand improvement; 2) stream of riparian restoration; and 3) rangeland improvement.

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

There are no fiscal impacts 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:

• Mike Eriksson at the above address, by phone at 801-538-5457, by FAX at 801-533-4111, or by Internet E-mail at mikeeriksson@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:

01/31/2011

This rule may become effective on:

02/07/2011

Authorized by:

Michael Styler, Executive Director

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

R652-140. Utah Forest Practices Act.

R652-140-100. Authority and Purpose.

This rule is adopted pursuant to the authority of Subsection 65A-1-4(2), which requires the Division to promulgate rules, and by Section 65A-8a-101 et seq., to clarify the procedure through which operators must register with the Division and notify the Division of the intent to conduct forest practices.

 

R652-140-200. Exceptions to Forest Practice.

For purposes of Section 65A-8a-101 et seq., and this rule, the term "Forest practice" does not include the control of invasive or exotic species, removal of Pinyon-Juniper woodlands, or cutting trees for posts, poles or firewood.

 

R652-140-300. Procedures for Registration of Operators.

(1) To register, operators shall complete and submit a printed or electronic version of a registration form provided by the Division, which includes information required under Subsection 65A-8a-103(2).

(2) The registration form shall be submitted to the Division's headquarter office or one of the Division's six administrative area offices. Offices are located in the following areas:

(a) Headquarter Office, 1594 West North Temple, Suite 3520, PO Box 145703, Salt Lake City, UT 84114-5703.

(b) Bear River Area Office, 1780 North Research Parkway, Suite 104, North Logan, UT 84341-1940.

(c) Wasatch Front Area Office, 1594 West North Temple, Suite 3520, PO Box 145703, Salt Lake City, UT 84114-5703.

(d) Central Area Office, 1139 N. Centennial Park Drive, Richfield, UT 84701-1860.

(e) Northeastern Area Office, [152 East 100 North, Vernal, UT 84078]2210 South Highway 40 Suite B, Heber City, UT 84032.

(f) Southwestern Area Office, 585 North Main Street, Cedar City, UT 84720.

(g) Southeastern Area Office, 1165 South Highway 191, Suite 6, Moab, UT 84532.

(3) Upon receipt of the registration form, the Division will acknowledge receipt by providing the operator a registration number and date of expiration and returning a copy of the registration form to the operator.

(4) Registration shall be valid for a period of [two]five years from the date of receipt. At the end of the [two]five-year period, the operator must renew the registration with the Division.

 

R652-140-400. Procedures for Notification of Intent to Conduct Forest Practices.

(1) At least 30 days prior to the commencement of a forest practice, the operator shall submit written notification of intent to conduct forest practices to the Division as required by Subsection 65A-8a-104(1). The 30 days shall commence on the date of postmark, if mailed, or on the date received if hand delivered or electronically submitted.

(2) Notifications shall be submitted to the Division's headquarter's office or one of the Division's six administrative area offices listed in Subsection R652-140-300(2).

(3) Operators shall submit a written notification on a form provided by the Division, a copy thereof or its electronic version, and include the information required under Subsection 65A-8a-104(2).

(4) Notifications submitted to the Division shall be acknowledged within ten days of receipt by the Division. The acknowledgment shall include information identified in Subsection 65A-8a-104(3).

 

R652-140-500. Procedures for Application, Approval, Implementation, and Monitoring of Forest Stewardship Plans.

This rule is adopted pursuant to the authority of Subsection 65A-8a-106(3), which requires the Division to promulgate rules, to clarify the procedure for application, approval, implementation, and monitoring of Forest Stewardship Plans.

(1) Forest Stewardship Plans shall include the federal components provided in the "Forest Stewardship Program National Standards and Guidelines"

(2) Forest Stewardship Plans shall be monitored consistent with federal guidelines, located in the "Forest Stewardship Program National Standards and Guidelines", and utilizing the Forest Stewardship Plan-Implementation Monitoring form.

(3) A forest landowner is required to implement those portions of a Forest Stewardship Plan that relate to the Farmland Assessment Act Section 59-2-503, which include:

(a) Timber stand improvement

(b) stream or riparian restoration

(c) rangeland improvement

 

KEY: registration, notification, forest practices

Date of Enactment or Last Substantive Amendment: [March 26, 2007]2011

Authorizing, and Implemented or Interpreted Law: 65A-8a-103; 65A-8a-104