DAR File No. 43454
This notice was published in the January 15, 2019, issue (Vol. 2019, No. 2) of the Utah State Bulletin.
Natural Resources, Parks and Recreation
Rule R651-411
OHV Use in State Parks
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 43454
Filed: 12/19/2018 05:23:04 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Subsection 41-22-2(14) defines what an off-highway vehicle (OHV) is according to statute. In addition, Section 41-22-10.1 states that "Currently registered off highway vehicles may be operated on public land, trails, streets, or highways that are posted by sign or designated by map or description as open to off highway vehicle use by the controlling federal, state, county, or municipality." Basically, any area, within Utah, is closed to OHV operation/use unless posted "open" by the controlling land managing agency. For this particular rule, the Division of Parks and Recreation (Division) is the controlling land managing agency/authority and so this rule defines specific state parks and designated areas that are "open" for OHV use within the Division's controlling authority.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
The Division has not received any written comments during the last five years that are either in support or in opposition to this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Section 41-22-10.1 authorizes the controlling land managing agencies to "open" designated areas of OHV use, as OHV operation/use is closed unless designated "open". This rule needs to be continued in order to remain compliant with Utah State Code and to provide visitor access via OHV operation.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Natural ResourcesParks 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
Effective:
12/19/2018
Authorized by:
Jeff Rasmussen, Acting Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
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/2019/b20190115.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.
For questions regarding the content or application of this rule, please contact 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. For questions about the rulemaking process, please contact the Office of Administrative Rules.