DAR File No. 41043

Natural Resources, Parks and Recreation

Rule R651-411

OHV Use in State Parks

Notice of Proposed Rule

(Amendment)

DAR File No.: 41043
Filed: 12/01/2016 04:23:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Off Highway Vehicle (OHV) Program within the Division of Utah Parks and Recreation is working with the Utah State Legislature for a Recodification of Title 41, Chapter 22, and part of that process, as recommended by the Off Highway Vehicle (OHV) Advisory Council, is to clean up language for certain rules associated with Title 41, Chapter 22.

Summary of the rule or change:

The OHV Program within the Division of Utah Parks and Recreation is working with the Utah State Legislature for a recodification of Title 41, Chapter 22, and part of that process, as recommended by the OHV Advisory Council, is to clean up certain rules associated with Title 41, Chapter 22. Section R651-411-1 states that an "OHV" means "Off Highway Vehicle" and includes the following vehicle types: four wheel drive automobiles or trucks, all-terrain vehicles (ATVs) designed to carry one or two passengers, and snowmobiles. The language change would be consistent with current program operations, and the Utah Code definitions and would keep the Division of Utah Parks and Recreation operating within the rule.

Statutory or constitutional authorization for this rule:

• Section 79-4-501
• Section 41-22-10

Anticipated cost or savings to:

the state budget:

This rule would not increase or decrease the state budget as it streamlines consistency between the Utah Code and the rule change.

local governments:

The rule change would not have an impact on budgets, either negative or positive, with any local government entities. It would assist with local government information dissemination as it provides consistency with Utah Code definitions.

small businesses:

The rule change does not affect any small businesses as the rule is mainly geared towards park visitors using OHVs. Any concessionaire opportunities would already need to follow the rule.

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

The rule changes do not cost or save any persons other than small businesses, businesses, or local government entities with funding as it merely provides consistency with the Utah Code definitions of Section 41-22-2.

Compliance costs for affected persons:

There are no compliance costs to affected persons. The rule changes provides consistency with the Utah Code definitions of Section 41-22-2.

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

There is no fiscal impact.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

01/17/2017

This rule may become effective on:

01/24/2017

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-411. OHV Use in State Parks.

R651-411-1. Definitions.

(1) "OHV" for this section has the same meaning as defined in Subsection 41-22-2(13).[means "off-highway vehicle" and includes the following vehicle types:

(a) Four-wheel drive automobiles or trucks;

(b) All-terrain vehicles (ATVs) designed to carry one or two passengers; and

(c) Snowmobiles.]

 

R651-411-2. OHV Use-Restrictions.

(1) OHVs are to be used only in designated areas.

(2) Designated ice areas for OHV use are only those ice areas that are accessed via the boat ramps to public ice fishing areas. These areas are at Bear Lake, East Canyon, Escalante, Hyrum, Jordanelle, Millsite, Otter Creek, Palisade, Piute, Red Fleet, Rockport, Scofield, Starvation, Steinaker and Yuba state parks.

(3) Responsibility for any accidents or problems while using OHVs in state parks rests with the user.

 

KEY: off-highway vehicles

Date of Enactment or Last Substantive Amendment: January 24, 2017 [July 19, 2004 ]

Notice of Continuation: January 2, 2014

Authorizing, and Implemented or Interpreted Law: 41-22-10; 79-4-501