No. 38658 (Amendment): Section R652-70-2300. Management of Bear Lake Sovereign Lands

(Amendment)

DAR File No.: 38658
Filed: 06/30/2014 04:03:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides for the management and classification of the surface of sovereign lands in Utah. It also provides for the issuance of special use leases, general permits and easements on sovereign lands and the procedures and fees necessary to obtain these rights of use. This rule implements Article XX of the Utah Constitution, and Section 65A-10-1. Upon internal agency review, it was determined that a reference of Subsection R652-70-300(2)(c) was inadvertently left in the previous draft of the rule. The use of this reference could be interpreted to restrict the scope of the rule by defining adjacent upland landowner more narrowly than intended, thus prompting the amendment.

Summary of the rule or change:

The reason for the change is to remove the reference of Subsection R652-70-300(2)(c) from Subsection R652-70-2300(9)(a) because the use of this reference could be interpreted to restrict the scope of the rule by defining adjacent upland landowner more narrowly than intended.

State statutory or constitutional authorization for this rule:

• Section 65A-2-6

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs for the processing of the permit application and issuance of the permit. However, any costs incurred will be covered by the $25 permit fee.

local governments:

The proposed amendment will not result in direct, measurable costs or benefits to local government as this amendment deals with launching and retrieving of a vessel in an area adjacent to a landowner's property.

small businesses:

This amendment only affects adjacent landowners who desire to launch or retrieve a vessel from an area adjacent to the landowner's property. If the landowner is a small business and they desire to launch or retrieve a vessel from an area adjacent to their property, then a permit would be required at the cost of $25 along with being required to obtain a decontamination certificate.

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

The removal of the reference to Subsection R652-70-300(2)(c) will broaden the scope of the rule with regard to adjacent upland landowners. Adjacent upland landowners will still have to purchase beach launching permits and comply with the Mussel Aware Boater Program and obtain a decontamination certificate.

Compliance costs for affected persons:

Not to exceed $25 for each boat launching permit.

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

Should have little impact on business.

Michael R. 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 STE 3520
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Jamie Phillips-Barnes at the above address, by phone at 801-538-5421, 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:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

Brian Cottam, Director

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) The established speed limit is 15 miles per hour.

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

(7) No campfires or fireworks are allowed.

(8) The use and operation of motor vehicles on sovereign land at Bear Lake shall be governed by Utah Code 65A-3-1 and the Bear Lake CMP.

(9) Pursuant to 65A-2-6(2), to obtain a permit to launch or retrieve a vessel in an area adjacent to the landowner's property at Bear Lake, the adjacent landowner shall:

(a) provide proof of being an adjacent landowner as defined in 65A-2-6(1).[ and above in R652-70-300(2)(c).]

(b) complete the online Mussel-Aware Boater Program and receive a Decontamination Certification Form valid through the end of the calendar year as required and provided by the Utah Division of Wildlife Resources as part of the Aquatic Invasive Species Program.

(10) Each adjacent landowner surrounding Bear Lake may only be issued two(2) beach launching permits annually. They will not be replaced if lost or stolen.

(a) The permit is valid for the calendar year within which the permit is issued.

(b) the permit is for the sole purpose of launching or retrieving a water vessel.

(c) the permit does not authorize parking or operating a motor vehicle in an area designated as closed in the Bear Lake Comprehensive Management Plan in violation of 65A-3-1(3).

(11) the division may enter into an agreement with a local governmental entity or state agency to issue the beach launching permits to adjacent landowners in compliance with the requirements listed above.

(a) the agreement will allow the entity or agency to establish a minimal fee not to exceed $25 for issuing the beach launching permit.

(12) The division or the entity or agency with an agreement to issue the beach launching permit may revoke or deny an adjacent landowner a permit to launch under the following circumstances:

(a) the adjacent landowner fails to comply with the beach launching permit requirements and stipulations listed above (R652-70-2300(9)(a-b) and R652-70-2300(10)(a-c))

(b) the adjacent landowner fails to acquire a lease or permit for structures placed on sovereign lands that may include but not limited to buoys, piers, docks (with the associated anchors/weights) or boat ramps as required in R652-70-300.

(13) Persons found in violation of 65A-3-1(1) and 65A-3-1(2) are subject to the criminal penalties set forth in 76-3-204 and 76-3-301 as determined by the court as well as civil damages set forth in 65A-3-1(3).

 

KEY: sovereign lands, permits, administrative procedures

Date of Enactment or Last Substantive Amendment: [July 8, 2013]2014

Notice of Continuation: April 2, 2012

Authorizing, and Implemented or Interpreted Law: 65A-10-1

 

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