DAR File No. 37623
This rule was published in the June 1, 2013, issue (Vol. 2013, No. 11) of the Utah State Bulletin.
Natural Resources, Forestry, Fire and State Lands
Management of Bear Lake Sovereign Lands
Notice of Proposed Rule
DAR File No.: 37623
Filed: 05/14/2013 03:24:32 PM
Purpose of the rule or reason for the change:
This rule change provides for the management and classification of the surface of sovereign lands in Utah, which include but are not limited to, the beds of Bear Lake, the Great Salt Lake, Utah Lake, the Jordan River, and the summer channel of the Bear River, and portions of the beds of the Green and Colorado Rivers. This rule also provides for the issuance of special use leases, general permits, and easements on sovereign lands and the procedures and fees necessary to obtain these rights of use. This rule implements Article XX of the Utah Constitution, and Section 65A-10-1.
Summary of the rule or change:
This rule amendment implements Subsection 65A-2-6(2) with regard to launching or retrieving a vessel in an area adjacent to the landowner's property at Bear Lake. This rule establishes criteria for launching vessels adjacent to landowner's property and the required permitting, along with the completion of the Mussel-Aware Boater Program and requirement to obtain a Decontamination Certification.
State statutory or constitutional authorization for this rule:
- Section 65A-2-6
Anticipated cost or savings to:
the state budget:
The division will incur minimal costs for the processing of the permit application and issuance of the permit. However, any costs incurred will be covered by the $25 permit fee.
The proposed amendment will not result in direct, measurable costs or benefits to local government as this amendment deals with launching and retrieving of a vessel in an area adjacent to a landowner's property.
This amendment only affects adjacent landowners who desire to launch or retrieve a vessel from an area adjacent to the landowners property. If the landowners is a small business and they desire to launch or retrieve a vessel from an area adjacent from their property, then a permit would be required at the cost of $25 along with being required to obtain a Decontamination Certificate.
persons other than small businesses, businesses, or local governmental entities:
Adjacent landowners will have to purchase a beach launching permit. Adjacent landowners will also have to comply with the Mussel-Aware Boater Program and obtain a Decontamination Certification.
Compliance costs for affected persons:
Not to exceed $25 for each beach launching permit.
Comments by the department head on the fiscal impact the rule may have on businesses:
Should have no fiscal impacts.
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 STE 3520
SALT LAKE CITY, UT 84116-3154
Direct questions regarding this rule to:
- Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Richard Buehler, Director
R652. Natural Resources; Forestry, Fire and State Lands.
R652-70. Sovereign Lands.
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
(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
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
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 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).
KEY: sovereign lands, permits, administrative procedures
Date of Enactment or Last Substantive Amendment: [
February 25, 2010]
Notice of Continuation: April 2, 2012
Authorizing, and Implemented or Interpreted Law: 65A-10-1
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at email@example.com.