No. 29461 (New Rule): R652-140. Utah Forest Practices Act

DAR File No.: 29461
Filed: 01/31/2007, 12:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to clarify the procedure through which operators must register with the Division and notify the Division of the intent to conduct forest practices.

Summary of the rule or change:

This rule provides procedures for the registration of forest operators, the notification of forest practices, and provides some exceptions to the Forest Practices Act.

State statutory or constitutional authorization for this rule:

Subsection 65A-1-4(2) and Section 65A-8a-101 et seq.

Anticipated cost or savings to:

the state budget:

The implementation of this rule creates a minor workload increase to the Division to maintain the database and for staff to take proactive steps to mitigate the damage that may occur during forest practices. The cost can be absorbed within existing budgets.

local governments:

There is no impact to local governments because they do not normally conduct forest practices as defined in statute.

other persons:

There is no fee associated with the registration or notification to the Division. Costs associated with mailing, faxing forms, or delivering forms to offices would be minimal and would not exceed $200 per year in the aggregate. Therefore, there is no cost to the operators to comply with the Forest Practices Act and the rules promulgated for its implementation.

Compliance costs for affected persons:

There is no cost to register an operator, nor to notify the Division of impending forest practices. Costs associated with mailing, faxing forms, or delivering forms to offices would be minimal and should not exceed $2 per year for an individual to comply with the Forest Practices Act.

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

This rule should have no significant fiscal impact on businesses who engage in the forest practice industry. There is no charge for registration nor for notification of proposed practices. 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
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dave Grierson at the above address, by phone at 801-538-5504, 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:

03/19/2007

This rule may become effective on:

03/26/2007

Authorized by:

Joel Frandsen, Director

RULE TEXT

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

R652-140. Utah Forest Practices Act.

R652-140-100. Authority and Purpose.

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-8a-101 et seq., to clarify the procedure through which operators must register with the Division and notify the Division of the intent to conduct forest practices.

 

R652-140-200. Exceptions to Forest Practice.

For purposes of Section 65A-8a-101 et seq., and this rule, the term "Forest practice" does not include the control of invasive or exotic species, removal of Pinyon-Juniper woodlands, or cutting trees for posts, poles or firewood.

 

R652-140-300. Procedures for Registration of Operators.

(1) To register, operators shall complete and submit a printed or electronic version of a registration form provided by the Division, which includes information required under Subsection 65A-8a-103(2).

(2) The registration form shall be submitted to the Division's headquarter office or one of the Division's six administrative area offices. Offices are located in the following areas:

(a) Headquarter Office, 1594 West North Temple, Suite 3520, PO Box 145703, Salt Lake City, UT 84114-5703.

(b) Bear River Area Office, 1780 North Research Parkway, Suite 104, North Logan, UT 84341-1940.

(c) Wasatch Front Area Office, 1594 West North Temple, Suite 3520, PO Box 145703, Salt Lake City, UT 84114-5703.

(d) Central Area Office, 1311 South Airport Road, Richfield, UT 84701.

(e) Northeastern Area Office, 152 East 100 North, Vernal, UT 84078.

(f) Southwestern Area Office, 585 North Main Street, Cedar City, UT 84720.

(g) Southeastern Area Office, 1165 South Highway 191, Suite 6, Moab, UT 84532.

(3) Upon receipt of the registration form, the Division will acknowledge receipt by providing the operator a registration number and date of expiration and returning a copy of the registration form to the operator.

(4) Registration shall be valid for a period of two years from the date of receipt. At the end of the two-year period, the operator must renew the registration with the Division.

 

R652-140-400. Procedures for Notification of Intent to Conduct Forest Practices.

(1) At least 30 days prior to the commencement of a forest practice, the operator shall submit written notification of intent to conduct forest practices to the Division as required by Subsection 65A-8a-104(1). The 30 days shall commence on the date of postmark, if mailed, or on the date received if hand delivered or electronically submitted.

(2) Notifications shall be submitted to the Division's headquarter's office or one of the Division's six administrative area offices listed in Subsection R652-140-300(2).

(3) Operators shall submit a written notification on a form provided by the Division, a copy thereof or its electronic version, and include the information required under Subsection 65A-8a-104(2).

(4) Notifications submitted to the Division shall be acknowledged within ten days of receipt by the Division. The acknowledgment shall include information identified in Subsection 65A-8a-104(3).

 

KEY: registration, notification, forest practices

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: 65A-8a-103; 65A-8a-104