DAR File No. 39497

Natural Resources, Parks and Recreation

Rule R651-602

Aircraft and Powerless Flight

Notice of Proposed Rule

(Amendment)

DAR File No.: 39497
Filed: 07/01/2015 05:04:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule modification is to allow for powerless paragliding and hang gliding launching and landing at the Flight Park State Recreation Area. Currently, the rule states that all powerless flight launching and landing is prohibited except by special use permit. Launching and landing of hang gliders and paragliders already occurs at the Flight Park State Recreation Area. This rule amendment would reflect that.

Summary of the rule or change:

This rule modification is to allow for powerless paragliding and hang gliding launching and landing at the Flight Park State Recreation Area. Currently, the rule states that all powerless flight launching and landing is prohibited except by special use permit. Launching and landing of hang gliders and paragliders already occurs at the Flight Park State Recreation Area. This rule amendment would reflect that.

State statutory or constitutional authorization for this rule:

• Section 79-4-501

Anticipated cost or savings to:

the state budget:

None--People are already hang gliding and paragliding at the flight park, and have been doing this since it became a state recreation area.

local governments:

None--People are already hang gliding and paragliding at the flight park, and have been doing this since it became a state recreation area.

small businesses:

None--People teaching and giving tandem rides at the flight park are doing so through a Special Use Permit.

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

There are no anticipated costs or savings to this rule. It is an amendment to allow people that are enjoying recreation through paragliding and hang gliding to continue to do so legally.

Compliance costs for affected persons:

There are no compliance costs for affected people. There is no day-use fee at the flight park. There is a cost for the special use permits and it does allow the permittee to conduct commercial business at the flight park.

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

There should be no effect or 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:

08/14/2015

This rule may become effective on:

08/21/2015

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-602. Aircraft and Powerless Flight.

R651-602-1. Landing or Taking Off.

The landing or taking off of aircraft within the park system other than at designated lakes, reservoirs or landing areas is prohibited.

 

R651-602-2. Air Delivery or Pickup.

Except in emergencies, the air delivery or pickup of any person or thing without advanced permission from the park manager is prohibited.

 

R651-602-3. Powerless Flight Launching and Landing.

The launching or landing of gliders, hot-air balloons, hang gliders, and other devices designed to carry persons or objects through the air in powerless flight is prohibited except by Special Use Permit (see R651-608).

 

R651-602-4. Lakes and Reservoirs Designated as Open.

The following lakes and reservoirs are designated as open to the landing of aircraft: (1) Deer Creek; (2) Jordanelle; (3) Rockport, (4) Starvation (5) Willard Bay.

 

R651-602-5. Aircraft Prohibited from Landing on Lakes or Reservoirs.

Except as outlined in R651-602-2, aircraft are prohibited from landing or taking off on "designated as open" lakes or reservoirs when any one of the following conditions exists. (1) On a Friday, Saturday, Sunday, or during a holiday period between May 1 to September 30; or (2) Anytime the aircraft cannot maintain a distance of at least 500 feet from any person, vessel, vehicle or structure during landing or takeoff.

 

R651-602-6. Aircraft on the Water Operation Requirements.

A person operating an aircraft on the water: (1) shall not approach within 500 feet of a marina, launch ramp, boat dock, vessel or a beach occupied by person(s), when using the aircraft's primary propulsion system(s); (2) shall comply with Federal Aviation Regulations, Section 91.115, Right-of-way rules: Water operations.

 

R651-602-7. Parks Designated Open to Gliders.

The following parks are designated as open to launching and landing powerless paragliders and hang gliders: Flight Park State Recreation Area.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [April 1, 2003]August 21, 2015

Notice of Continuation: June 25, 2013

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