DAR File No. 37205

Natural Resources, Parks and Recreation

Rule R651-633

Special Closures or Restrictions

Notice of Proposed Rule

(Amendment)

DAR File No.: 37205
Filed: 01/15/2013 04:09:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 1998 Snow Canyon State Park Resource Management Plan, participants and team members recommended controlled, seasonal access into Johnson Canyon from November 15 to March 1. Outside of this period access would be by guided hikes. In 2000, after purchasing the property, Johnson Canyon was re-opened to the public between November 15 and March 1 annually. In 2001, the Johnson Canyon seasonal closure was reduced by one month with access from November 1 to March 15 annually. Guided hikes were offered during the closed period. This same year the Utah State Parks Board approved the revised seasonal closure. The seasonal closure only impacts the last 1/2 mile of trail - the first 1/2 mile of trail is open year-round. The seasonal closure was also recommended in the 2004 Snow Canyon State Park Desert Tortoise Management Plan, required by and paid for by Washington County under the desert tortoise Habitat Conservation Plan. This plan was reviewed and approved by both the Utah State Parks Board and Washington County Habitat Conservation Advisory Committee. In January 2012, Snow Canyon State Park received a request from Washington County elected officials to reconsider the closure dates. The parties making the request desired a shorter closure period. A proposal was developed and as required under the Red Cliffs Desert Reserve, went through review by both the Habitat Conservation Advisory and Technical Committees. Three separate alternatives were reviewed. This is an extremely sensitive area due to its riparian habitat and breeding wildlife species. Due to the sensitivity, the technical committee recommended maintaining a reduced seasonal closure date. Although reduced, a seasonal closure would still protect the riparian area from increasing recreational pressure during the most sensitive periods for wildlife which are spring, summer and early fall. Access would be provided from March 15 to September 14 through guided ranger hikes. Johnson Canyon expanded seasonal access from September 15 through March 15 was approved through the Red Cliffs Desert Reserve Habitat Conservation Advisory Committee as well.

Summary of the rule or change:

In January 2012, Snow Canyon State Park received a request from Washington County elected officials to reconsider the closure dates. The parties making the request desired a shorter closure period. A proposal was developed and as required under the Red Cliffs Desert Reserve, went through review by both the Habitat Conservation Advisory and Technical Committees. Three separate alternatives were reviewed. This is an extremely sensitive area due to its riparian habitat and breeding wildlife species. Due to the sensitivity, the technical committee recommended maintaining a reduced seasonal closure date. Although reduced, a seasonal closure would still protect the riparian area from increasing recreational pressure during the most sensitive periods for wildlife which are spring, summer and early fall. Access would be provided from March 15 to September 14 through guided ranger hikes.

State statutory or constitutional authorization for this rule:

• Section 79-4-203
• Section 79-4-501
• Section 79-4-304

Anticipated cost or savings to:

the state budget:

The agency does not anticipate additional costs or savings to the state budget as a result of this action. The current law enforcement staffing level will remain the same. Officer time will simply be allocated to other management areas of the park.

local governments:

No cost savings/expenses as local government entities are not funding law enforcement time or other needs for this area of the park.

small businesses:

The agency currently has 13 private business partners under contract with the park. Ten of those business partners utilize this trail/area of the park. The partners provide services such as technical climbing instruction, canyoneering, and guided hikes. This change will likely be profitable for their individual businesses as their access is now expanded.

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

The general public will benefit as their access has now been expanded. Since this area is currently not a fee area it should not affect revenue either positively or negatively.

Compliance costs for affected persons:

No compliance costs are foreseen by this action. No special permits, fees, or requirements will be altered by this action.

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

There should be no impact on businesses.

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 RecreationRoom 116
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:

03/04/2013

This rule may become effective on:

03/11/2013

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-633. Special Closures or Restrictions.

R651-633-1. Emergency Closures or Restrictions.

No person shall be in a closed area or participate in a restricted activity which has been posted by the park manager to protect public safety or park resources.

 

R651-633-2. General Closures or Restrictions.

Persons are prohibited from being in a closed area or participating in a restricted activity as listed for the following park areas:

(1) Coral Pink Sand Dunes State Park - Motorized vehicle use is prohibited in the non-motorized area of the sand dunes, except for limited and restricted access through the travel corridor;

(2) Dead Horse State Park - Hang gliding, para gliding and B.A.S.E. jumping is prohibited;

(3) Deer Creek State Park - Dogs are prohibited below high water line and in or on the reservoir except for guide or service dogs as authorized by Section 26-30-2;

(4) Jordanelle State Park - Dogs are prohibited in the Rock Cliff area except for the Perimeter Trail and designated parking areas except for guide or service dogs as authorized by Section 26-30-2;

(5) Palisade State Park - Cliff diving is prohibited;

(6) Red Fleet State Park - Cliff diving/jumping is prohibited; and

(7) Snow Canyon State Park -

(a) All hiking and walking in the park is limited to roadways, designated trails and slick rock areas and the Sand Dunes area,

(b) Jenny's Canyon Trail is closed annually from March 15 to June 1,

(c) [Johnson's Arch Canyon access]The last half-mile of the Johnson Canyon Trail is closed annually from [March 15 to October 31]March 15 through September 14 except by permit or guided walk[,]; [the canyon is open from November 1 to March 14]this portion of trail is open from September 15 through March 14.

(d) Black Rocks Canyon is closed annually from March 15 to June 30,

(e) West Canyon climbing routes are closed annually from February 1 to June 1.

(f) Dogs are prohibited on all trails and natural areas of the park unless posted open, except for guide or service dogs as authorized by Section 26-30-2.

(g) Hang gliding, para gliding and B.A.S.E. jumping is prohibited.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: March 26, 2009

Notice of Continuation: October 30, 2008

Authorizing, and Implemented or Interpreted Law: 79-4-203; 79-4-304; 79-4-501