Natural Resources, Parks and Recreation

Section R651-601-15

Special Use Permit

Notice of Proposed Rule

(Amendment)

DAR File No.: 34446
Filed: 02/15/2011 05:22:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Currently in rule there are references to Special Events and it is inferred that the Special Use Permit is used only for those Special Events when there are several other instances where a Special Use Permit could and should be used.

Summary of the rule or change:

The change is this rule will allow park managers and region managers the needed flexibility to issue permission through the Special Use Permit for additional purposes. This will also fill in the current gap between Special Events contracts and Concession contracts that is not in this rule.

State statutory or constitutional authorization for this rule:

• Section 41-22-40
• Section 79-4-304
• Section 79-4-601
• Section 79-4-203

Anticipated cost or savings to:

the state budget:

There will be $6,000 total financial gain as follows: $1,000 savings due to the reduced cost of contracting with guides, outfitters, and provisioners. This rule will allow guides, outfitters, and provisioners to offer services under a Special Use Permit for a period of up to three years instead of one year at a time, and all contracting will be conducted at the park and region management level, decentralizing this process, and saving costs. There will be $5,000 increased revenue, fees from operations of temporary concessions, thus using concession assets at times when they would otherwise lay idle. These will generate from 5% to 10% fees on gross receipts of such operations. This temporary concession operation is meant to fill gaps between concession contracts, at times when a concession contract may be terminated abruptly or new assets are completed, and the concession contracting process has not had full time and opportunity to enter into a new concession contract.

local governments:

There are no fees associated with this change for local governments because the gain would not be significant.

small businesses:

There will be $1,000 saved. The guides, outfitters, and provisioners are small business persons who prefer to contract in this new manner instead of their prior options, which were: a Special Use Permit for only one year, or a formal Concession Contract.

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

Persons other than small businesses are not affected by this rule change because it deals with those using Special Use Permits.

Compliance costs for affected persons:

The compliance costs are seen in the reduced cost to small business.

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

This rule change will encourage 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
Parks and Recreation
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 tammywright@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:

03/31/2011

This rule may become effective on:

04/07/2011

Authorized by:

Mary Tullius, Director

R651. Natural Resources, Parks and Recreation.

R651-601. Definitions as Used in These Rules.

R651-601-15. Special Use Permit.

"Special Use Permit" means [a temporary authorization or concession, not to exceed one year, for the purpose of conducting commercial activity.]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.

 

KEY: parks, off-highway vehicles

Date of Enactment or Last Substantive Amendment: [August 22, 2006]2011

Notice of Continuation: July 7, 2008

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