No. 27740 (Amendment): R652-70-2300. Management of Bear Lake Sovereign Lands

DAR File No.: 27740
Filed: 03/10/2005, 11:00
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

With several consecutive years of drought, the low water level of Bear Lake has exposed large areas of beach (sovereign land) that experience high levels of recreational use. This has led to concern for sanitation, public safety, and protection of sovereign land resources. There have been confrontations between private landowners and the public as they access and use the beach. In the past, attempts to educate the public as to voluntary guidelines for use of the beach have proven unsuccessful. Attempts to cite violators were likewise unsuccessful because the guidelines were not enforceable. During public meetings held this year in Salt Lake City and Garden City, public concern was expressed about unsafe use of off-road vehicles regarding speed and proximity to other users, vehicle use too close to the water's edge, and the lack of a law enforcement presence on the beach. The purpose of this change is to provide for effective management of public use on the exposed sovereign land.

 

Summary of the rule or change:

This proposed rule establishes speed limits for vehicle use on sovereign lands, specifies when and where motor vehicle use can occur, establishes a 100-foot safety zone around the water's edge, restricts camping and picnicking to certain hours of the day, and specifies that no campfires or fireworks are allowed on the beach.

 

State statutory or constitutional authorization for this rule:

Subsection 65A-1-4(2)

 

Anticipated cost or savings to:

the state budget:

The proposed change can be implemented within existing agency budget and staff. There will be no impact on the state budget.

 

local governments:

Local government has advised it will assist the division in enforcing the rule as time, staff and budget allow; therefore, there is no additional cost to local government.

 

other persons:

This change specifies the conditions of use of the sovereign land by the public and does not force them to purchase any permits or incur any additional costs. However, those found using or occupying state lands in violation of this rule will be charged with a class B misdemeanor, as provided in Subsection 65A-3-1(1)(b) and Section 76-3-204. A bail schedule has not yet been set with a court administrator's office, so fines are to be determined by the local magistrate.

 

Compliance costs for affected persons:

Public use of sovereign land is voluntary. The division has not identified any compliance costs other than the fines for violators as referenced under Other persons above.

 

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

The rule provides for orderly, safe use of the beach by the public. This is expected to be of benefit to local businesses. Michael Styler, Executive Director

 

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

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Jennifer Gregerson at the above address, by phone at 801-538-5418, by FAX at 801-533-4111, 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:

05/02/2005

 

This rule may become effective on:

05/03/2005

 

Authorized by:

Karl Kappe, FFSL Strategic Planner

 

 

RULE TEXT

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

R652-70. Sovereign Lands.

R652-70-2300. Management of Bear Lake Sovereign Lands.

(1) Lands lying below the ordinary high water mark of Bear Lake as of the date of statehood are owned by the state of Utah and shall be administered by the division as sovereign lands.

(2) Upon application for a specific use of state lands near the boundary of Bear Lake, or in the event of a dispute as to the ownership of the sovereign character of the lands near the boundary of Bear Lake, the division may evaluate all relevant historical evidence of the lake elevation, the water erosion along the shoreline, the topography of the land, and other relevant information to determine the relationship of the land in question to the ordinary high water mark.

(3) In the absence of evidence establishing the ordinary high water mark as of the date of statehood, the division shall administer all the lands within the bed of Bear Lake and lying below the level of 5,923.68 feet above mean sea level, Utah Power and Light datum, as being sovereign lands.

(4) The division, after notice to affected state agencies and any person with an ownership in the land, may enter into agreements to establish boundaries with owners of land adjoining the bed of Bear Lake; provided that the agreements shall not set a boundary for sovereign lands below the level of 5,923.68 feet above mean sea level.

(5) From October 1 through April 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:

(a) Motor vehicles will not be allowed on lands administered by the Division of Parks and Recreation.

(b) The established speed limit is 20 miles per hour.

(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the water's edge. Travel parallel to the water's edge is allowed, outside of the 100 foot zone.

(d) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 6 a.m.

(e) No campfires or fireworks are allowed.

(6) From May 1 through September 30, motor vehicle use and camping or picnicking will be allowed on the exposed lake bed with the following restrictions:

(a) Areas posted by the division are off limits to motorized vehicles.

(b) The established speed limit is 15 miles per hour.

(c) Except as necessary to launch or retrieve watercraft, motor vehicles are not allowed within 100 feet of the waters edge.

(d) Unless posted otherwise, or to access a camping or picnicking spot, no motor vehicles may travel parallel to the waters edge.

(e) Camping and use of motorized vehicles are prohibited between the hours of 10 p.m. and 7 a.m.

(f) No campfires or fireworks are allowed.

(7) In accordance with Subsections 65A-3-1(1)(b) and 76-3-204, those found in violation of this rule will be charged with a class B misdemeanor, with sentence, fine, or both to be determined by the local magistrate.

 

KEY: sovereign lands, permits, administrative procedures

[June 11, 2001]2005

Notice of Continuation April 2, 2002

65A-10-1