No. 27442 (Amendment): R651-620. Protection of Resources Park System Property

DAR File No.: 27442
Filed: 09/21/2004, 02:06
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Because of broken glass being found in some public areas of our state parks, it is the intention of this rule to allow State Park rangers to post areas where glass containers are prohibited. It is not the intention to prohibit glass containers in the parks, but allow the rangers to post such places where broken glass has caused problems, such as the rocks near a boat ramp area. The Division is also adding Section R651-620-6 that adds metal detecting and prohibits that activity in state parks without a permit. Individuals wanting to do metal detecting will get a permit from the park where they want to do metal detecting. This way the park will be able to discern whether or not a permit is needed on federal lands within a state park or historic site.

 

Summary of the rule or change:

State Park managers/rangers will post areas where broken glass containers have become a danger to the recreating public. Other areas that are not posted will allow the glass containers. There is a state law that prohibits digging, taking, or removing items from state parks or state lands. Parks receive numerous calls each year from people wanting to do metal detecting activities within the parks. The law is not specific enough that it addresses metal detecting, so if the Division requires a permit for metal detecting it can control the activity within the state parks. Metal detecting will be allowed only with a permit from the park, otherwise, it will be prohibited.

 

State statutory or constitutional authorization for this rule:

Section 65-11-17

 

Anticipated cost or savings to:

the state budget:

No monetary exchange or collection is involved with these two changes. These changes provide clarification and add other measures to protect the environment. Therefore there are no anticipated costs or savings to the state budget.

 

local governments:

These two changes involve state parks only, therefore there are no anticipated costs or savings to local government.

 

other persons:

If a person is caught doing an activity that is prohibited by this rule, without a proper permit or within a posted area, they could be warned or cited by a ranger or law enforcement personnel.

 

Compliance costs for affected persons:

Since one part of this rule was changed and a part was added, there is no measurement yet of how it will affect those people who may violate the rule. It will take some time for us to have statistical information regarding the changes.

 

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

The Department anticipates no fiscal impacts to businesses from the proposed changes to this rule. One change would only allow Division personnel on duty more flexibility in prohibiting the use of glass containers in certain areas. Glass containers would still be allowed in state parks, and, as a result, demand for products in such containers should not be impacted. The second change would require those interested in using metal detectors, to first obtain a permit. Like the first proposed change, this requirement would not serve as an outright ban on the use of metal detectors, but would grant Division personnel more flexibility in protecting sensitive areas and meeting state and federal mandates.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at [e-mail]

 

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:

11/15/2004

 

This rule may become effective on:

11/16/2004

 

Authorized by:

Gordon Topham, Deputy Director

 

 

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-620. Protection of Resources Park System Property.

R651-620-1. Applicability of Criminal Code.

Offenses against capital improvements, natural and cultural resources will normally be handled through the Utah Criminal Code.

 

R651-620-2. Trespass.

(1) A person may be found guilty of a class B misdemeanor, as stated in Utah Code Annotated, Section 63-11-17.3, if that person engages in activities within a park area without specific written authorization by the division. These activities include: (a) construction, or causing to construct, any structure, including buildings, fences water control devices, roads, utility lines or towers, or any other improvements; (b) removal, extraction, use, consumption, possession or destruction of any natural or cultural resource; (c) grazing of livestock, except as provided in Utah Code Annotated, Section 72-3-112. A cause of action for the trespass of livestock may be initiated in accordance with 78-12-26 (2); (d) use or occupation of park area property for more than 30 days after the cancellation or expiration of permit, lease, or concession agreement; or (e) any use or occupation in violation of division rules.

(2) The provisions of this section do not apply to division employees in the performance of their duties.

(3) Violations described in section (1) are subject to penalties as provided in Utah Code Annotated, Section 76-3-204 and Section 76-3-301.

 

R651-620-3. Tossing, Throwing, or Rolling of Rocks and other Materials.

The tossing, throwing, or rolling of rocks or other materials into valleys or canyons or down hills and mountains is prohibited.

 

R651-620-4. Firewood.

Collecting or cutting of firewood is prohibited without a permit.

 

R651-620-5. Glass Containers.

Use or possession of glass containers [on]is prohibited in posted areas[bathing beaches, adjacent waters and lawn areas is prohibited].

 

R651-620-6. Metal Detecting.

Metal detecting is prohibited without a permit.

 

KEY: parks, trespass

[August 6, 2001]November 16, 2004

Notice of Continuation October 23, 2003

63-11-17[(2)(b)]