DAR File No. 41044

Natural Resources, Parks and Recreation

Rule R651-633

Special Closures or Restrictions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41044
Filed: 12/01/2016 04:51:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Jenny's Canyon Trail was developed in 1996. At that time, it was the only developed trail in the lower canyon of Snow Canyon State Park. When Jenny's Canyon was constructed the recommendation was made to close the trail annually from March 15 to June 1 to protect habitat and tortoises as they came out of hibernation. The seasonal closure was written into Snow Canyon State Park's Tortoise Management Plan in 2004, as a management strategy. In 2015, the Snow Canyon Citizen Advisory Team (CAT) reviewed existing and potential recreation opportunities in Snow Canyon State Park. They discussed whether or not the need for a seasonal closure still exists. They determined to remove the closure.

Summary of the rule or change:

When Jenny's Canyon was constructed, the recommendation was made to close the trail annually from March 15 to June 1 to protect habitat and tortoises as they came out of hibernation. The seasonal closure was written into Snow Canyon State Park's Tortoise Management Plan in 2004 as a management strategy. Since the closure was written into the Snow Canyon Tortoise Management Plan a formal proposal was developed and as required under the Red Cliffs Desert Reserve Habitat Conservation Plan, went through review by both the Habitat Conservation Advisory and Technical Committees. In May 2016, after careful review and discussion, the Technical Committee determined that since 1996 multiple trails have been developed in the lower canyon of Snow Canyon State Park, and lifting the seasonal trail closure will not have a significant biological impact on tortoises. The Technical Committee recommended doing away with the closure. Removing the Jenny's Canyon seasonal closure was unanimously approved by the Red Cliffs Desert Reserve Habitat Conservation Advisory Committee in May of 2016. The rule change will expand access.

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:

There is a cost savings to state government of $300 for sign costs and staff labor for installation of the signs. The closure signs will no longer be in place.

local governments:

There are no costs or savings to local government as the trail affected is in Snow Canyon State Park and does not affect local government. The rule change will allow a longer season for access to the trail.

small businesses:

Jenny's Canyon Trail is a very short rail and is seldom used by private business partners. There was never a cost to them, and there won't be a cost with the change in the rule as the change will expand access to the trail by providing a longer season.

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

There is no cost or savings associated with persons other than small businesses, businesses, or local government entities because the change will allow a longer season for access to the trail.

Compliance costs for affected persons:

There are no compliance costs to affected persons as the change will allow a longer season for access to the trail.

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

The rule change should have a positive impact on business.

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.

R651-633. 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]b) The last half-mile of the Johnson Canyon Trail is closed annually from March 15 through September 14 except by permit or guided walk; this portion of trail is open from September 15 through March 14.

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

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

([f]e) 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]f) Hang gliding, para gliding and B.A.S.E. jumping is prohibited.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: January 24, 2017 [March 14, 2013 ]

Notice of Continuation: July 5, 2013

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