DAR File No. 41715

Natural Resources, Parks and Recreation

Section R651-633-2

General Closures or Restrictions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41715
Filed: 06/01/2017 11:37:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R651-633-2 prohibits cliff diving/jumping at Palisade State Park and at Red Fleet State Park. The Division of Parks and Recreation recommends eliminating these restrictions to be consistent with other water-based state parks where cliff diving/jumping is allowed. This section also refers to a part of the Utah Code regarding guide or service dogs that no longer exists and the reference needs to be updated.

Summary of the rule or change:

Cliff diving/jumping has been a popular activity at many of our state parks for years and is currently allowed on all water-based state parks except Palisade State Park and Red Fleet State Park. Section R651-633-2 currently prohibits cliff diving/jumping at Palisade State Park and at Red Fleet State Park. Palisade State Park has only one area with rocks suitable for jumping from and this area is not under the state's jurisdiction as it is owned by the local irrigation company. Red Fleet State Park has an area straight across from the boat ramp that many visitors have been jumping from for years in violation of this section. The Division's current park manager would like to change this section to allow cliff jumping/diving in that area. Red Fleet State Park also has very high cliffs bordering the reservoir further upstream that are not safe to jump from that will remain closed by posting signs restricting that activity as authorized by Section R651-633-1. Also, Section R651-633-2 refers to a part of the Utah Code that no longer exists regarding guide or service dogs and the reference needs to be updated with the current Section 62A-5b-104.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

There is an approximate cost of $500 or less to the state budget for signage.

local governments:

There is no anticipated cost or savings to local government as the cost only applies to signage for the park.

small businesses:

There is no anticipated cost or savings to small businesses as the cost only applies to signage for the park.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as the fees for signage only apply to the Division of Parks and Recreation.

Compliance costs for affected persons:

There are no compliance costs for affected persons because no one is affected but the Division of Parks and Recreation.

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

The change should have no impact on businesses.

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 [email protected]

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:

07/17/2017

This rule may become effective on:

07/25/2017

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-633. Special Closures or Restrictions.

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]62A-5b-104;

(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]62A-5b-104;

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

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

[(7)](5) 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) 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.

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

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

(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]62A-5b-104.

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

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [February 16, 2017]July 25, 2017

Notice of Continuation: July 5, 2013

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