Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R652. Natural Resources; Forestry, Fire and State Lands.

Rule R652-1. Definition of Terms.

As in effect on August 1, 2019

Table of Contents

R652-1-100. Authority.

This rule implements Section 65A-1-4(2) which authorizes the Division of Forestry, Fire and State Lands to provide definitions which apply to all rules promulgated by the division unless otherwise provided.

R652-1-200. Definitions.

1. Animal unit (AU): is equal to one cow and calf or their equivalent.

2. Beneficiaries: the citizens of the state of Utah.

3. Beds of navigable lakes and streams: the lands lying under or below the "ordinary high water mark" of a navigable lake or stream.

4. Carrying capacity: the acreage required to adequately provide forage for an animal unit (AU) for a specified period without inducing range deterioration.

5. Commercial gain: compensation, in money, in services, or other valuable consideration rendered or products provided.

6. Comprehensive Management Plans: plans prepared for sovereign lands that guide the implementation of sovereign land management objectives.

7. Cooperative Agreement: an agreement between the Division and an eligible entity wherein the eligible entity agrees to meet a Participation Commitment and provide Initial Attack for wildland fire, and FFSL agrees to pay for wildland fire suppression costs following a Delegation of Fire Management Authority as found in Utah Code Section 65A-8-203.1, as well as all aviation asset costs charged to the incident.

8. Cultural Resources: prehistoric and historic materials, features, artifacts.

9. Cultural Resource Survey:

(a) Class I: literature and site files search.

(b) Class II: sample field surface survey or inspection.

(c) Class III: intensive field surface survey.

10. Director: the director of the Division of Forestry, Fire and State Lands

11. Division: Division of Forestry, Fire and State Lands

12. Easements: a right to use or restrict use of land or a portion of a real property interest in the land for a particular purpose granted by the division to a qualified applicant including but not limited to transmission lines, canals and ditches, pipelines, tunnels, fences, roads and trails.

13. Eligible entity: a county, a municipality, or a special service district, local district or service area with:

(a) wildland fire suppression responsibility as described in Section 11-7-1; and

(b) wildland fire suppression cost responsibility and taxing authority for a specific geographic jurisdiction; or

(c) upon approval by the director, a political subdivision established by a county, municipality, special service district, local district, or service area that is responsible for:

(i) providing wildland fire suppression services; and

(ii) paying for the cost of wildland suppression services.

14. Initial attack: actions taken by the first resources to arrive at a wildland fire incident, including size-up, patrolling, monitoring, holding action, or aggressive suppression action.

15. Management Plans: Comprehensive Management Plans, Resource Plans and Site-Specific Plans.

16. Municipality: a city, town, or metro township.

17. Ordinary high water mark: the high water elevation in a lake or stream at the time of statehood, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes or other tests as may be applied by the courts. This "ordinary high water mark" may not have been adjudicated in the courts.

18. Paleontological Resources (fossils): the remains or traces of organisms, plant or animal, that have been preserved by various means in the earth's crust.

19. Paleontological Resource Survey: an evaluation of the scientific literature or previous paleontological survey reports to assess the potential for discovery or impact to fossils by a proposed development, followed by a pedestrian examination of the exposed geological formations suspected of containing fossils of significance.

20. Paleontological Site: an exposure of a geologic formation having fossil evidence of scientific value as determined by professional consensus.

21. Participation Commitment: prevention, preparedness, and mitigation actions and expenditures approved by the Division undertaken by a participating entity to reduce the risk of wildland fire.

22. Participating Entity: an eligible entity with a cooperative agreement.

23. Planning Unit: the geographical basis of a general or comprehensive management plan; a consolidated block of state land, or a group of isolated state land sections or parts thereof, or a combination of blocks and isolated sections which provide common management opportunities or which have common commercial gain, natural or cultural resource concerns.

24. Preliminary Development Plan: the submittal, both of maps and written material, which shall identify and determine the extent and scope on a proposed unit development of the entire acreage under application. It shall illustrate, in phases, the development of the entire acreage and include a time table of the estimated schedule of development. The preliminary development plan shall identify density, open space, environmental reserves, site features, services and utilities, land ownerships, local master planning, zoning compliance and basic engineering feasibility.

25. Preliminary Development Plat: a plat which shall outline and specify the number of dwelling units, the type of dwelling units, the anticipated location of the transportation systems and description of water and sewage systems for the developed area on a Unit Development Lease.

26. State lands: all lands administered by the division.

27. Range condition: the relation between current and potential condition of the range site.

28. Record of Decision: a written finding describing a division action, relevant facts, and the basis upon which the decision for action was made.

29. Resource Plans: a plan prepared for a specific resource, such as mining, timber, grazing or real estate.

30. Rights-of-Entry: a right to a specific, non-depleting land use granted by the division to a qualified applicant that is temporary in nature, generally not to exceed one year in duration, including but not limited to seismic and land surveys, research sites, access across sovereign lands, and other temporary types of land uses.

31. Significant site: any site which is designated by the Division of State History as scientifically worthy of specific management.

32. Site: archaeological and cultural sites are places of prehistoric and historic human activity including aboriginal mounds, forts, buildings, earth works, village locations, burial grounds, ruins, caves, petroglyphs, pictographs, or other locations which are the source of prehistoric cultural features and specimens.

33. Site Specific Plans: plans prepared for sovereign lands which provide direction for specific actions. Site-specific plans shall include Records of Decision in either narrative or summary form.

34. Sovereign lands: those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty or land received in exchange for sovereign lands.

35. Survey Report: report of the various site files and field surveys or inspections.

36. Wildland: an area where:

(a) development is essentially non-existent, except for roads, railroads, power line or similar transportation facilities; and

(b) structures, if any, are widely scattered.

37. Wildland fire: a fire that consumes:

(a) wildland; or

(b) Wildland-urban interface, as defined in Section 65A-8a-102.

KEY

administrative procedures, definitions

Date of Enactment or Last Substantive Amendment

January 10, 2017

Notice of Continuation

March 28, 2017

Authorizing, Implemented, or Interpreted Law

65A-1-4(2)


Additional Information

Contact

For questions regarding the content or application of rules under Title R652, please contact the promulgating agency (Natural Resources; Forestry, Fire and State Lands). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.