No. 37601 (Amendment): Rule R651-204. Regulating Waterway Markers

(Amendment)

DAR File No.: 37601
Filed: 05/07/2013 06:53:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In order to be consistent with Forestry, Fire and State Lands, the waterway hazard placement rule needs to be changed.

Summary of the rule or change:

The current rule does not address specific hazards to navigation, the permitting process through State Lands and the Division of Utah State Parks and Recreation, the owner's identification on the hazard or the international specifications and standards for a waterway hazard.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-4(2)

Anticipated cost or savings to:

the state budget:

No effect on state budget as this rule is the same process that has been used for years as an informal guideline.

local governments:

No effect on local government as this rule is the same process that has been used for years as an informal guideline.

small businesses:

No effect on small business as this rule is the same process that has been used for years as an informal guideline.

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

No effect on others as this rule is the same process that has been used for years as an informal guideline.

Compliance costs for affected persons:

No effect on others as this rule is the same process that has been used for years as an informal guideline.

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

Should have no impact on business.

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
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 [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:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

Fred Hayes, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-204. Regulating Waterway Markers.

R651-204-1. Placement of Waterway Markers.

No person shall place on or near the waters of this state any waterway marker, except a diver's flag, without written authorization by a federal agency operating within federal authority or by the division.

 

R651-204-2. Hazards to Navigation.

[No person shall place any permanent or anchored objects on the waters of this state without written authorization by a federal agency operating within federal authority or by the division.](1) Definitions

(a) "Hazard to Navigation" means, any object permanently placed on or under the waters of this state that is an obstacle to navigation, including but not limited to:

(i) pier or shoreline dock greater than 75 feet

(ii) floating dock or inflatable recreational equipment;

(iii) commercial fishing or scientific devices;

(iv) navigational aids;

(v) slalom courses, jump/rail or other recreational device;

(vi) vessels moored outside of a designated mooring area.

(b) "Permanent" means intended to be left on the waterway overnight or unattended during the day.

(2) No person shall place any permanent or anchored objects on the waters of this state without written authorization by a federal agency operating within federal authority or by the division.

(3) All permitted water obstacles must be visibly marked with the owner's name with letters that are:

(a) a contrasting color to the object; and

(b) at least one inch in height with the letter width proportionate to the height.

(4) Each permitted water obstacle must be marked with lights if placed overnight. Marker lights

(a) must meet United States Coast Guard requirements;

(b) must float at least 39 inches above the water;

(c) must be an amber or white color flashing light that flashes a minimum of 30 flashes per minute and is visible for up to one-half mile; and

(d) if buoyed, the buoy must be self-righting and have a three inch silver radar reflective band around the top.

(5) Placement of water obstacles without a proper permit or failure to abide by the permit requirements constitute a violation of board rules and the water obstacles must be removed by the entity that placed the obstacle immediately upon notification. Water obstacles that create a hazard may be removed by the division at the owner's expense. Any damages incurred during removal by the division will not be the responsibility of the division.

 

R651-204-3. Destruction of Waterway Markers.

No person shall remove, destroy, or damage any waterway marker authorized to be placed by a federal agency or by the division; nor shall any person moor any vessel to a waterway marker, except mooring buoys.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [1987]July 8, 2013

Notice of Continuation: January 26, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-4(2)

 

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