No. 43454 (5-year Review): Rule R651-411. OHV Use in State Parks  

  • 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 Resources
    Parks and RecreationRoom 116
    1594 W NORTH TEMPLE
    SALT LAKE CITY, UT 84116-3154

    Direct questions regarding this rule to:

    Effective:

    12/19/2018

    Authorized by:

    Jeff Rasmussen, Acting Director


Document Information

Effective Date:
12/19/2018
Publication Date:
01/15/2019
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
12/19/2018
Agencies:
Natural Resources, Parks and Recreation
Authorized By:
Jeff Rasmussen, Acting Director
DAR File No.:
43454
Summary:

The Division has not received any written comments during the last five years that are either in support or in opposition to this rule.

CodeNo:
R651-411
CodeName:
{31188|R651-411|R651-411. OHV Use in State Parks}
Link Address:
Natural ResourcesParks and RecreationRoom 116 1594 W NORTH TEMPLESALT LAKE CITY, UT 84116-3154
Link Way:

Tammy Wright, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

AdditionalInfo:
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 ...
Related Chapter/Rule NO.: (1)
R651-411. OHV Use in State Parks.