No. 41011 (Amendment): Rule R652-120. Wildland Fire

(Amendment)

DAR File No.: 41011
Filed: 11/15/2016 02:20:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is adopted pursuant to the authority of Subsection 65A-1-4(2), which requires the Division to promulgate rules, and by Section 65A-8-101 et seq., which requires the Division to determine and execute the best method for fire control and the preservation of forest, watershed, and other lands and to enter into agreements related to fire protection.

Summary of the rule or change:

This rule is amended to include the wildland fire responsibilities of the division, counties, and municipalities. Further, this rule requires the Division to determine and execute the best method for fire control and preservation of forest, watershed, and other lands and to enter into agreements related to fire protection.

Statutory or constitutional authorization for this rule:

• Section 65A-8-101
• Subsection 65A-1-4(2)

Anticipated cost or savings to:

the state budget:

With the implementation of S.B. 122 and S.B. 212 from the 2016 General Session from which this rule is derived, it is anticipated over time that wildfire risks and suppression and management costs should be reduced, resulting in a cost savings to the state, citizens, and taxpayers. The cost saving to state budget is unknown since the participation commitment has not yet been determined.

local governments:

It is anticipated there could be a cost savings to eligible local government entities that enter into a cooperative agreement, as they may be eligible to have catastrophic wildfire suppression costs paid by the state. The cost saving to local government is unknown since the participation commitments has not yet been determined.

small businesses:

Small businesses are not affected by this amendment, as this rule does not apply to small businesses.

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

Eligible entities, meaning a county, municipality, special service district, local district or service area, may be affected by this amendment as the division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined.

Compliance costs for affected persons:

The Division will determine a participation commitment, which is derived from historic jurisdictional fire suppression cost averages and a jurisdictional Wildland Fire Risk Assessment, for each eligible entity with a cooperative agreement participating in the Wildland Fire Suppression Fund. The cost to affected persons is unknown since the participation commitment has not yet been determined.

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

There are no fiscal impacts to businesses, as this rule does not apply to businesses.

Michael 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
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:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Brian Cottam, Director

RULE TEXT

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

R652-120. Wildland Fire Responsibilities.

R652-120-100. Authority and Purpose.

[This rule implements Article XVIII of the Utah Constitution and provides for the issuance of burning permits, the establishment of limited suppression areas, and conduct of prescribed burns under the authority of Sections 65A-8-101 and 65A-8-211.]This rule is adopted pursuant to the authority of Subsection 65A-1-4(2), which requires the Division to promulgate rules, and by Section 65A-8-101 et seq., which requires the Division to determine and execute the best method for fire control and the preservation of forest, watershed, and other lands, and to enter into agreements related to fire protection.

 

R652-120-200. Responsibilities of Division.

1. The division in consultation with local authorities, the division shall determine and execute the best method for protecting private and public property by:

(a) except as provided by Subsection (1), preventing,

preparing for, or mitigating the origin and spread of fire on nonfederal forest, range, watershed or wildland urban interface land in the state;

(b) encouraging a private landowner to conserve, protect, and manage forest or other land throughout the state;

(c) taking action the division considers appropriate to manage wildland fire and protect life and property on the non-federal forest, range, watershed, or wildland urban interface land within the state.

(d) implementing a limited fire suppression strategy, including allowing a fire to burn within limited or modified suppression, if the division determines the strategy is appropriate for a specific area or circumstance.

(e) the state forester shall make certain that appropriate action is taken to control wildland fires on unincorporated non-federal forest, range, watershed and wildland urban interface lands.

2. The division may enter into a cooperative agreement with a county, municipality, or other eligible entity to provide financial and wildland fire management assistance.

 

R652-120-300. Responsibilities of Counties.

1. A county shall abate the public nuisance caused by wildfire on unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface lands within its boundaries.

(a) reduce the risk of wildfire to unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and

(b) ensure effective wildfire initial attack on unincorporated privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries.

(c) a county may assign the responsibilities described in Subsections (a) and (b) to a fire service provider or an eligible entity through delegation, contract, interlocal agreement or another method.

2. In a county that has not entered into a cooperative agreement as described in Section 65A-8-203 the county sheriff shall take appropriate action to suppress wildfires on state or private lands.

3. In all cases the sheriff shall:

(a) report, as prescribed by the state forester, on wildland fire control action;

(b) investigate and report wildfire causes; and

(c) enforce the provisions of this rule either independently or in cooperation with the state forester.

4. A county that has entered into a cooperative agreement, as described in 65A-8-203 and R652-120-600, the primary responsibility for wildfire management is the division, upon the delegation of fire management authority as described in 65A-8-203.1 and R652-120-1200.

5. The county sheriff and the county sheriff's organization shall maintain cooperative support with the fire management organization.

6. Each county that participates in a cooperative agreement with the division as described in 65A-8-203 and R652-120-600(5), shall be represented by a county fire warden at minimum during the closed fire season, as described in Section 65A-8-211, except as provided in Subsections (1)(b) and (c ).

7. A county may enter into a cooperative agreement with the division to receive financial and wildland fire management cooperation and assistance.

 

R652-120-400. Responsibilities of Municipalities.

1. A municipality shall abate the public nuisance caused by wildfire on forest, range, watershed, and wildland urban interface lands within the boundaries of the municipality if the land is privately owned or owned by the municipality.

(a) reduce the risk of wildfire to unincorporated, privately owned or municipality owned forest, range, watershed, and wildland urban interface land, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and

(b) ensure effective wildfire initial attack on unincorporated privately owned or municipality owned forest, range, watershed, and wildland urban interface land within the municipality's fire protection boundaries.

(c) a municipality may assign the responsibilities described in Subsections (a) and (b) to a fire service provider or an eligible entity through delegation, contract, interlocal agreement or another method.

2. A municipality may enter into a cooperative agreement with the division to receive financial and wildland fire management cooperation and assistance.

 

R652-120-5[2]00. Burning Permits.

1. Burning permits shall be issued only by the following authorized officials: state forester, his staff, and persons designated by the state forester. Burning permits are required for open fires during the closed fire season as specified in Section 65A-8-211 and during any extension of the closed fire season proclaimed by the state forester.

2. The permit form, provided by the state forester, shall be filled out completely and in accordance with instructions determined and furnished by his office.

3. Permittees shall comply with any written restrictions or conditions imposed with the granting of the permit.

4. The permittee shall sign the permit form.

5. Burning permits will be issued only when in compliance with the Utah Air Conservation Regulations. The following requirements must be met with each burning permit issued:

(a) The permit is not valid and operative unless the Clearing Index is 500 or above. The clearing index is determined daily by the U.S. Weather Bureau and available from county health offices, the State Forester's Office or Area Offices of the Utah State Department of Health.

(b) A permit may be extended one day at a time, without inspection upon request to the issuing officer. The request must be made before the expiration of the permit.

6. Agriculture has a limited exemption to open burning restrictions for the Division of Forestry, Fire and State Lands rules as indicated in Section 65A-8-211 and the Utah Air Conservation Regulations as outlined in Section 19-2-114.

7. Burning permits shall not be issued when red flag conditions exist or are forecasted by the National Weather Service. Every permittee is required to contact the National Weather Service to assure that a red flag condition does not exist or is not forecasted. Permits are not valid or operative during declared red flag conditions.

 

R652-120-6[3]00. Limited Suppression Areas.

1. The division may establish fire management areas where the level and degree of suppression activities are to be commensurate with the value of the resources within the fire management area.

2. Fire management plans shall be available for public review and comment prior to implementation.

3. County commission approval is required for any fire management plan that provides for limited fire suppression action on private lands within a fire management area.

 

R652-120- 7[4]00. Prescribed Fire.

1. All prescribed burns utilizing division assistance other than permitting must have a written burn plan that has been reviewed and approved by the division. Burn plans shall include at a minimum information to determine management objectives and procedures to attain the objectives. Data will be provided to deal with safety concerns and smoke management. The burn plan will detail needs to insure the prescribed burn occurs within prescription.

2. A private landowner or state lessee/permittee receiving assistance on a prescribed fire shall supply resources specified in the burn plan.

3. Fire-fighting equipment placed by the division in any county for fire protection purposes cannot be required to assist or be fully committed to a prescribed fire, but may be utilized as available.

 

R652-120- 8[5]00. Management for Cultural Resources and Threatened and Endangered Species.

Cultural resources, paleontological resources, and threatened and endangered species which may be affected by a proposed prescribed fire or within a fire management plan will be considered, protected or mitigated, as may be required and practical.

 

KEY: administrative procedures , burns, permits, endangered species

Date of Enactment or Last Substantive Amendment: [1989]2017

Notice of Continuation: November 11, 2014

Authorizing, and Implemented or Interpreted Law: 65A-8-101; 65A-8-211

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