No. 34377 (5-year Review): Rule R651-611. Fee Schedule

DAR File No.: 34377
Filed: 01/24/2011 02:58:18 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Statute authorizes the State Parks Board to promulgate rules relating to collection of charges as follows: "2) The board shall adopt appropriate rules governing the collection of charges under Subsection 79-4-203(8)." Subsection 79-4-203(8) states: "The division may make charges for special services and use of facilities, the income from which is available for park and recreation purposes."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

As new facilities are made available or closed, new fees are added or removed. Every two years, all fees are reviewed and compared to surrounding states. If the Utah State Parks Board approves fee increases, there is typically a period of public comment, during which time the Division receives questions and concerns, and responds appropriately. In most cases, local media outlets publish stories, which help notify the public about upcoming changes. Some of the concerns addressed were as follows: A man in St. George was concerned about day-use and additional fees at Snow Canyon and a couple of people from Davis County were concerned about fees at Antelope Island. A professional photographer wrote to complain about the special use permit fee he has to pay in order to photograph his customers on the island. The standards for the special use permit are outlined in Section R651-601-15. Special Use Permit with further clarification are in Section R651-608-1.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Utah State Parks and Recreation Fee Schedule provides the framework for which all fees are administered by our statewide agency. Therefore, this rule should be continued. As new facilities are made available or close, new fees are added or removed. Every two years, all fees are reviewed and compared to surrounding states. If the Utah State Parks Board approves fee increases, there is typically a period of public comment, during which time the agency receives questions and concerns, and respond appropriately. The Division responded to each individual that wrote in opposition to the fees and addressed their concerns. This is the Division of Utah State Park's policy. Most times the agency is in disagreement of a complaint, if the complaint is due to fee increases, because the fee is governed by statute. We always address individual concerns to the best of our ability.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
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 [e-mail]

Authorized by:

Mary Tullius, Director

Effective:

01/24/2011

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