No. 41012 (Amendment): Rule R652-1. Definition of Terms

(Amendment)

DAR File No.: 41012
Filed: 11/15/2016 02:21:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule implements Subsection 65A-1-4(2), which authorizes the Division of Forestry, Fire and State Lands to provide definitions which apply to all rules promulgated by the division unless otherwise provided.

Summary of the rule or change:

This rule is being amended to include new definitions of the terms found in the wildland fire regulations.

Statutory or constitutional authorization for this rule:

• Subsection 65A-1-4(2)

Anticipated cost or savings to:

the state budget:

There are no aggregate anticipated costs or savings to state budget with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.

local governments:

There are no aggregate anticipated costs or savings to local government with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.

small businesses:

There are no aggregate anticipated costs or saving to small businesses with regard to this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy and does not affect small businesses.

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

There should be no persons affected by the amendment of this rule, as this rule is only being amended to include new definitions with regard to wildland fire policy.

Compliance costs for affected persons:

There are no compliance costs associated with this rule amendment, as this rule is only being amended to include new definitions with regard to wildland fire policy.

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

There are no fiscal impacts on 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.

R652-1. Definition of Terms.

R652-1-100. Authority.

This rule implements Section 65A-1-4(2) which authorizes the Division of Forestry, Fire and State Lands to provide definitions which apply to all rules promulgated by the division unless otherwise provided.

 

R652-1-200. Definitions.

1. Animal unit (AU): is equal to one cow and calf or their equivalent.

2. Beneficiaries: the citizens of the state of Utah.

3. Beds of navigable lakes and streams: the lands lying under or below the "ordinary high water mark" of a navigable lake or stream.

4. Carrying capacity: the acreage required to adequately provide forage for an animal unit (AU) for a specified period without inducing range deterioration.

5. Commercial gain: compensation, in money, in services, or other valuable consideration rendered or products provided.

6. Comprehensive Management Plans: plans prepared for sovereign lands that guide the implementation of sovereign land management objectives.

7. Cooperative Agreement: an agreement between the Division and an eligible entity wherein the eligible entity agrees to meet a Participation Commitment and provide Initial Attack for wildland fire, and FFSL agrees to pay for wildland fire suppression costs following a Delegation of Fire Management Authority as found in Utah Code Section 65A-8-203.1, as well as all aviation asset costs charged to the incident.

8[7]. Cultural Resources: prehistoric and historic materials, features, artifacts.

9[8]. Cultural Resource Survey:

(a) Class I: literature and site files search.

(b) Class II: sample field surface survey or inspection.

(c) Class III: intensive field surface survey.

10[9]. Director: the director of the Division of Forestry, Fire and State Lands

11[0]. Division: Division of Forestry, Fire and State Lands

12[1]. Easements: a right to use or restrict use of land or a portion of a real property interest in the land for a particular purpose granted by the division to a qualified applicant including but not limited to transmission lines, canals and ditches, pipelines, tunnels, fences, roads and trails.

13. Eligible entity: a county, a municipality, or a special service district, local district or service area with:

(a) wildland fire suppression responsibility as described in Section 11-7-1; and

(b) wildland fire suppression cost responsibility and taxing authority for a specific geographic jurisdiction; or

(c) upon approval by the director, a political subdivision established by a county, municipality, special service district, local district, or service area that is responsible for:

(i) providing wildland fire suppression services; and

(ii) paying for the cost of wildland suppression services.

14. Initial attack: actions taken by the first resources to arrive at a wildland fire incident, including size-up, patrolling, monitoring, holding action, or aggressive suppression action.

15[2]. Management Plans: Comprehensive Management Plans, Resource Plans and Site-Specific Plans.

16. Municipality: a city, town, or metro township.

17[3]. Ordinary high water mark: the high water elevation in a lake or stream at the time of statehood, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes or other tests as may be applied by the courts. This "ordinary high water mark" may not have been adjudicated in the courts.

18[4]. Paleontological Resources (fossils): the remains or traces of organisms, plant or animal, that have been preserved by various means in the earth's crust.

19[5]. Paleontological Resource Survey: an evaluation of the scientific literature or previous paleontological survey reports to assess the potential for discovery or impact to fossils by a proposed development, followed by a pedestrian examination of the exposed geological formations suspected of containing fossils of significance.

20[16]. Paleontological Site: an exposure of a geologic formation having fossil evidence of scientific value as determined by professional consensus.

21. Participation Commitment: prevention, preparedness, and mitigation actions and expenditures approved by the Division undertaken by a participating entity to reduce the risk of wildland fire.

22. Participating Entity: an eligible entity with a cooperative agreement.

23[17]. Planning Unit: the geographical basis of a general or comprehensive management plan; a consolidated block of state land, or a group of isolated state land sections or parts thereof, or a combination of blocks and isolated sections which provide common management opportunities or which have common commercial gain, natural or cultural resource concerns.

24[18]. Preliminary Development Plan: the submittal, both of maps and written material, which shall identify and determine the extent and scope on a proposed unit development of the entire acreage under application. It shall illustrate, in phases, the development of the entire acreage and include a time table of the estimated schedule of development. The preliminary development plan shall identify density, open space, environmental reserves, site features, services and utilities, land ownerships, local master planning, zoning compliance and basic engineering feasibility.

25[19]. Preliminary Development Plat: a plat which shall outline and specify the number of dwelling units, the type of dwelling units, the anticipated location of the transportation systems and description of water and sewage systems for the developed area on a Unit Development Lease.

26. State lands: all lands administered by the division.

27[0]. Range condition: the relation between current and potential condition of the range site.

28[1]. Record of Decision: a written finding describing a division action, relevant facts, and the basis upon which the decision for action was made.

29[2]. Resource Plans: a plan prepared for a specific resource, such as mining, timber, grazing or real estate.

30[23]. Rights-of-Entry: a right to a specific, non-depleting land use granted by the division to a qualified applicant that is temporary in nature, generally not to exceed one year in duration, including but not limited to seismic and land surveys, research sites, access across sovereign lands, and other temporary types of land uses.

31[24]. Significant site: any site which is designated by the Division of State History as scientifically worthy of specific management.

32[25]. Site: archaeological and cultural sites are places of prehistoric and historic human activity including aboriginal mounds, forts, buildings, earth works, village locations, burial grounds, ruins, caves, petroglyphs, pictographs, or other locations which are the source of prehistoric cultural features and specimens.

33[26]. Site Specific Plans: plans prepared for sovereign lands which provide direction for specific actions. Site-specific plans shall include Records of Decision in either narrative or summary form.

34[27]. Sovereign lands: those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty or land received in exchange for sovereign lands.

35[28]. Survey Report: report of the various site files and field surveys or inspections.

36. Wildland: an area where:

(a) development is essentially non-existent, except for roads, railroads, power line or similar transportation facilities; and

(b) structures, if any, are widely scattered.

37. Wildland fire: a fire that consumes:

(a) wildland; or

(b) Wildland-urban interface, as defined in Section 65A-8a-102.

 

KEY: administrative procedures , definitions

Date of Enactment or Last Substantive Amendment: [1993]2017

Notice of Continuation: April 2, 2012

Authorizing, and Implemented or Interpreted Law: 65A-1-4(2)

---