DAR File No. 44183

This rule was published in the November 15, 2019, issue (Vol. 2019, No. 22) of the Utah State Bulletin.


Natural Resources, Parks and Recreation

Rule R651-611

Fee Schedule

Notice of Proposed Rule

(Amendment)

DAR File No.: 44183
Filed: 11/01/2019 04:55:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

It came to the Division of Parks and Recreation's (Division) attention that some original wording was inadvertently removed from this rule. The Division does not know who was responsible for the removal of the wording, Administrative Courts or our Division, but it was removed not realizing the consequences the removal would have. The wording "All fees required under this fee schedule are to be paid in advance of occupancy or use of facilities" is needed so that county attorneys can prosecute a "failure to pay park fee" violation. Currently, no prosecution can be taken on this rule. The original wording needs to be put back into this rule. The second part of this amendment addresses a fee list included in this rule currently and is set by the Utah State Legislature, so it is redundant to have it in this rule.

Summary of the rule or change:

This amendment has two purposes. The first is that the wording "All fees required under this fee schedule are to be paid in advance of occupancy or use of facilities" was removed from this rule inadvertently and needs to be put back into this rule so that county attorneys can prosecute for failure to pay park fee violations. If broken, this rule is an infraction with a minimal fine that can be charge if convicted in court. The alternate citation code park rangers can cite for is Section 76-6-409, which carries a hefty fine of $680 and is a misdemeanor B. A park ranger would cite someone only under this code for action against a habitual, documented offender that refuses to pay park fees after warnings. Park rangers use the lesser charge in Section R651-611-1 to gain compliance from users that are not repeat offenders. Without this amendment, the park rangers would be forced to cite under Section 76-6-409, which is Theft of Services for violators of this rule. Part Two: The fee schedule is set by the Legislature as part of the statute. By removing the fees list from this rule, it will eliminate conflicts between Division rules and statute.

Statutory or constitutional authorization for this rule:

  • Subsection 79-4-203(8)

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget as this is a wording change only and a formal removal of the fee list because the fee is set by the Legislature and is in statute.

local governments:

Local governments are not affected by this amendment because wording that was removed inadvertently from the rule affects only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect local governments as there is no change in fees, but the list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are in state statute.

small businesses:

Small businesses are not affected by this amendment because wording that was removed inadvertently from the rule affects only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect them either as there is no change in fees. The list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are part of state statute.

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

Persons other than small businesses are not affected by this amendment because wording is being replaced that was removed inadvertently from the rule affects and only violators of a "failure to pay park fee" when visiting a state park. The second part of this amendment does not affect them either. The fee list is being removed so as not to be redundant in publishing park fees. The Legislature sets the fees and they are part of state statute.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Wording that was inadvertently removed from the rule is being replaced and will be helpful to a violator if cited under this rule because the fine won't be as large. The second part of this amendment does not have compliance costs associated with the change as the list is being removed only from this rule and is part of state statute.

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

This rule amendment should not impact businesses.

Brian C. Steed, 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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Jeff Rasmussen, Acting Director

RULE TEXT

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

For parties where there is no impact: This rule amendment is not expected to have any fiscal impacts on non-small business revenues or expenditures, because the amendment is to replace a part of the rule that was inadvertently removed and will allow park rangers to cite under that rule for 'failure to pay park fee' violations and will allow county attorneys to prosecute under this rule. This fee list removal does not affect them as it is already included in State Statute and is set by the Legislature.

 

The head of Department of Natural Resources, Brian Steed, has reviewed and approved this fiscal analysis.

 

 

R651. Natural Resources, Parks and Recreation.

R651-611. Fee Schedule.

R651-611-1. Use Fees.

All fees required under the Division's fee schedule are to be paid in advance of occupancy or use of facilities.

All fees for the Division of Parks and Recreation may not exceed, but may be less than, the amounts stated in the division's fee schedule as approved annually by the Utah State Legislature.

 

[TABLE

 

1. Application Fees

Easement, Grazing permit,

Construction/Maintenance,

Special Use Permit, Waiting List $250.00

2. Assessment and Assignment Fees

Contract Assignment $20.00

Fee collection, return checks,

and duplicate document $30.00

Staff or researcher time per hour $50.00

Equipment and building rental per hour $100.00

Photo copy each $1.00

3. Boating Fees

Boat Mooring

Day Use $6.00

Boat Camping (2:00pm) $20.00

In/Off Season with or without Utilities

(per foot) $7.00

Watercraft Launch Fee $25.00

Boat Storage $200.00

4. Dry Storage

Boating Season, Overnight until 2:00pm,

Off-Season, Unsecured $75.00

5. Camping Fees

Camping Extra Vehicle Fees $15.00

Camping Fees $28.00

Group Camping Fees $400.00

Reservation Fee $10.65

6. Entrance Fees

Bicycles and Pedestrians $20.00

Bicycles and Pedestrians Annual Pass $24.00

Motor Vehicles

Day Use Annual Pass $75.00

Commercial Dealer Demo Pass $200.00

Commercial Groups - per person $3.00

Commuter Annual Pass $10.00

Parking Fee $5.00

Causeway $2.00

Entrance Fees $15.00

Group Site Day-Use Fees $250.00

7. Golf Course Fees

School Teams, Tournament Fee (per player) $6.00

Gift Certificate Fee (per player) $6.00

8. Golf Course GREENS FEES

Promotional Pass -

Single person - Personal golf cart $400.00

20 Round Card Pass $260.00

Promotional Promotional Pass $1,100.00

9 holes $18.00

9. Golf Course Fees RENTALS

Club Rental, per 9 holes $17.00

Motorized cart, per 9 holes $16.00

Pull carts, pre 9 holes $3.50

Companion Fee $7.00

Driving Range $9.00

10. Lodging Fees

Cabins and Yurts $80.00

11. Repository Fees

Curation Fee (per storage unit) $700.00

Annual Repository Agreement Fee

(per storage unit) $80.00

Annual Agreement Fee $50.00

12. Boating Section Fees

Statewide Boat Registration Fee $25.00

Carrying Passengers for Hire Fee $200.00

Boat Livery Registration Fee $100.00

13. Boating Education Fee

Division's Personal Watercraft Course $12.00

State Issued and Replacement

Boating Education certificate $5.00

14. OHV Program Fee

Statewide OHV Registration Fee $22.00

State issued permit to non-resident

OHVs, in which there is no reciprocity $30.00

15. OHV Education Fee

Division's Off-highway Vehicle

Program Safety Certificate $30.00

State Issued and Replacement

OHV Safety Certificate $2.00]

 

KEY: parks, fees

Date of Enactment or Last Substantive Amendment: [July 8, 2013]December 23, 2019

Notice of Continuation: January 7, 2016

Authorizing, and Implemented or Interpreted Law: 79-4-203(8)


Additional Information

More information about a Notice of Proposed Rule 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/b20191115.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.