No. 27070 (Amendment): R652-41-1300. Unauthorized Uses

DAR File No.: 27070
Filed: 04/09/2004, 12:01
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rights of entry are the least cumbersome method of accommodating requests for state land uses, and usually are issued over-the-counter. Routine right of entry uses include filming, brine shrimp harvesting and commercial river running. The most recent example of an unusual request was to harvest tamarisk for specialty products. With concurrence of the Forestry, Fire and State Lands Advisory Council, the Division has determined that the existing rule should be clarified to allow removal of natural resources when authorized by the specific terms of the permit.

 

Summary of the rule or change:

The amendment clarifies that removal of natural resources will be allowed under a right of entry when specifically authorized by the terms of the right of entry permit.

 

State statutory or constitutional authorization for this rule:

Section 65A-7-1

 

Anticipated cost or savings to:

the state budget:

The Division estimates that issuance of rights of entry allowed under the amendment will result in an additional $500 - $1,000 deposited annually in the Sovereign Land Management Account. The actual amount will be determined by customer volume of business.

 

local governments:

There will be no cost or savings to local government because local governments are eligible for Sovereign Land General Permits which are issued at reduced or no cost compared to rights of entry.

 

other persons:

The cost or savings is difficult to quantify because the Division is not aware of the cost of alternatives to use of state land. Assuming that alternatives to use of state land will be evaluated by customers, they will pursue the most cost-effective option available to them.

 

Compliance costs for affected persons:

There is no mandatory or voluntary compliance associated with the amendment, therefore there are no compliance costs. The decision to request use of state land is completely up to other persons.

 

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

Rights of entry can be obtained at relatively low cost compared to leases. The amendment will be viewed favorably by business.

 

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
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Jennifer Gregerson or Karl Kappe at the above address, by phone at 801-538-5418 or 801-538-5495, by FAX at 801-533-4111 or 801-533-4111, or by Internet E-mail at [e-mail] or [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:

06/01/2004

 

This rule may become effective on:

06/02/2004

 

Authorized by:

Karl Kappe, FFSL Strategic Planner

 

 

RULE TEXT

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

R652-41. Rights of Entry.

R652-41-1300. Unauthorized Uses.

A right of entry permit does not authorize a permittee to cut any trees or remove or extract any natural, cultural, or historical resources[.] unless authorized by the permit's specific terms.

 

KEY: natural resources, management, administrative procedures

[1993]2004

Notice of Continuation July 23, 2001

65A-7-1