DAR File No. 43759

Natural Resources, Parks and Recreation

Rule R651-411

OHV Use in State Parks

Notice of Proposed Rule

(Amendment)

DAR File No.: 43759
Filed: 05/31/2019 04:43:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

While researching information related to this rule change for Off-Highway Vehicle (OHV) use in state parks, it was found that the Utah Code (Code) had been changed at some point, moving the definition of an OHV to another location. The definitions are listed alphabetically, and when a new definition was added to the Code, it moved the OHV definition down the list from 13 to 14. These rule changes update that reference and allow for park visitors to ride their OHVs within state parks in designated areas, which could provide an added experience for them.

Summary of the rule or change:

The Code had been changed moving the definition of an OHV to another location in the Code. The definitions are listed alphabetically, and when a new definition was added to the Code, it moved the OHV definition down the list from 13 to 14. These rule amendments update that reference and allow for park visitors to ride their OHVs within state parks in designated areas, which could provide an added experience for them. It also replaces the word "user" under Subsection R651-411-2(2) and replaces it with the word "operator" and adds the Code reference for that.

Statutory or constitutional authorization for this rule:

• Section 79-4-501
• Section 41-22-10

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget as this rule amendment changes the rule to be in line with the Code which was changed at some point moving the definition of OHV down the list from 13 to 14. The amendment also adds clarification for park visitors to be able to ride their OHVs within state parks in designated areas.

local governments:

There is no cost or savings to local governments as these rule changes bring this rule in line with the Code and to add clarification for park visitors to add an additional experience if they choose to ride OHVs within state parks in designated areas. It does not affect local governments.

small businesses:

There is no cost or savings to small businesses as this amendment fixes the list of definitions that include OHVs that was changed at some point in the Code. The amendment also adds clarification for park visitors to be able to ride OHVs within state parks in designated areas and have an additional experience. It does not affect small businesses.

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

There is no additional cost or savings to persons other than small businesses, businesses, or local government entities because these amendments bring this rule in line with the Code regarding the definition of OHVs that was found to be changed at some point. The amendment also adds clarification for park visitors to be able to ride OHVs within state parks in designated areas. This could add another experience for park visitors if they so choose.

Compliance costs for affected persons:

There are no compliance costs for persons affected by these amendments because there are no costs to move the definition to the proper place to be in line with the Code, and there are no costs to park visitors if they choose to add an additional experience while visiting a state park by riding their OHV within state parks in designated areas.

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

These rule changes should have very little effect on businesses.

Michael R. 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:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Jeff Rasmussen, Acting Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures. This is a rule numbering change to be in line with Utah Code that was changed at some point. There is also a rewording change to be more clear and to be in line with the ATV Street Legal rule, R651-615. The wording change is to make it clearer that OHVs are now allowed to operate within state parks in designated areas, which gives the potential for parks visitors to have an added experience.

 

The head of department of Natural Resources, Michael Styler,has reviewed and approved this fiscal analysis.

 

 

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]14).

 

R651-411-2. OHV Use[-Restrictions].

(1) [OHVs are to be used only in designated areas.]Registered OHVs are permitted to operate on designated routes in State Parks:

(a) To access OHV riding areas or roads designated open, or

(b) To access public ice fishing areas via boat ramps located within state parks.

[(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]2) Responsibility for any accidents or problems while using OHVs in state parks rests with the [user]operator as required under UCA 41-22-37.

 

KEY: off-highway vehicles

Date of Enactment or Last Substantive Amendment: [February 16, 2017]2019

Notice of Continuation: December 19, 2018

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