No. 43756 (Amendment): Rule R651-615. Motor Vehicle Use

(Amendment)

DAR File No.: 43756
Filed: 05/31/2019 02:44:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Off-Highway Vehicle (OHV) use within Utah state parks has tended to be very restrictive. This has limited recreational opportunities. The Division of Parks and Recreation (Division) would like to allow opportunities for park visitors to ride OHVs in designated areas within state parks.

Summary of the rule or change:

The portion of this rule being removed has restricted OHV riding within Utah state parks. The Division would like to remove the portion of this rule that restricts OHV riding withing Utah state parks to allow for more recreational opportunities for park visitors.

Statutory or constitutional authorization for this rule:

Section 79-4-203
Section 79-4-501
Section 41-22-10

Anticipated cost or savings to:

the state budget:

A portion of this rule is being removed and another rule amended to clarify that park visitors can ride OHVs in designated areas within state parks. There is no cost or savings to the state budget anticipated with this removal. (EDITOR'S NOTE: The proposed amendment to Rule R651-411 is under Filing No. 43759 in this issue, June 15, 2019, of the Bulletin.)

local governments:

The portion of this rule restricting OHV riding within Utah state parks is being removed to allow for park visitors to ride within state parks. There is no cost or savings to local governments.

small businesses:

This rule amendment does not affect small businesses. It is removing a portion of this rule that restricts OHV use for visitors within state parks, which could allow the visitor to have an additional experience within a park.

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

This amendment would do away with the restriction for riding OHVs within Utah state parks. There is no cost or savings involved to remove the restriction to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs to affected persons. The portion of this rule being removed will allow for less restrictive use of OHVs within state parks.

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

This rule change should have a positive impact on business as OHV use is promoted.

Michael R. Styler, Executive Director

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:

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

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:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Jeff Rasmussen, Acting Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule amendment is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures.There are no required costs for park visitors because of this amendment.

The head of department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

R651. Natural Resources, Parks and Recreation.

R651-615. Motor Vehicle Use.

R651-615-1. Traffic Rules and Regulations.

The use and operation of motor vehicles in general shall be in accordance with the Utah Traffic requirements as found in Title 41, Chapter 6 Utah Code.

R651-615-2. Blocking and Restricting Normal Use.

Blocking, restricting or otherwise interfering with the normal use of any park facility with a vehicle or towed device is prohibited.

R651-615-3. Roadway and Parking Areas.

Operating or parking a motor vehicle or trailer except on roadways and parking areas developed for that use is prohibited.

R651-615-4. Entering and Leaving Park Site.

Operating a motor vehicle in a developed park area for any purpose other than entering or leaving the site is prohibited.

R651-615-5. Off Road Use.

The operation of vehicles off road is prohibited within the boundaries of all park areas except those with designated off-highway vehicle riding areas.

[~~R651-615-6. Off-Highway Vehicles.~~

~~Operation of off-highway vehicles is prohibited on all park area roads unless authorized in accordance with the provisions of the Utah Off-Highway Vehicle Act.~~]

R651-615-7. Motorized Transportation Devices.

Motorized Transportation Devices (MTD) that are powered by electric motors may be used for transportation to and from facilities and structures within the state parks.

KEY: parks, off-highway vehicles

Date of Enactment or Last Substantive Amendment: [~~July 19, 2004~~]2019

Notice of Continuation: June 7, 2018

Authorizing, and Implemented or Interpreted Law: 79-4-203; 41-22-10; 79-4-501