No. 33988 (Amendment): Rule R850-110. Off-Highway Vehicle Designations

(Amendment)

DAR File No.: 33988
Filed: 08/24/2010 11:55:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The last update of this rule language occurred in 1988, several years prior to the formation of the Trust Lands Administration. Since that time, motorized recreation, and off-highway vehicle (OHV) use in particular, has increased dramatically. The growth in motorized recreation, coupled with increased restrictions on adjacent federal lands, has led to significant impacts on trust lands. Consistent with state law, this comprehensive rewrite of this rule will clarify and define the management tools available to the Agency to create a disciplined approach to motorized recreation on trust lands.

Summary of the rule or change:

Changes to the existing rule include: 1) all routes upon which exist a temporary public easement or a permanent public access easement are designated open to motor vehicle use where such use is permitted by state law and local ordinances and not in conflict with current leases or permits; 2) all trust lands will be closed to cross-country travel unless specifically designated as open; 3) allows director's authority to establish "Designated Use Only" areas; 4) route width designations broken down into classes; being 26" or less, 52" or less, and open to all vehicle widths; 5) open routes may have date and time restrictions placed on them; 6) method of route designation set forth in rule; 7) Director's authority to close routes and areas for justified reasons; 8) off-trail game retrieval is prohibited; 9) commercial recreational use and long-term non-commercial use of trust lands exceeding 15 consecutive days require a right-of-entry permit; and 10) exemptions as listed.

State statutory or constitutional authorization for this rule:

• Subsection 53C-2-301(1)(g)
• Subsection 53C-1-302(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

It is anticipated that there could be considerable savings to the state budget as a result of minimizing reclamation costs attributed to undisciplined OHV use.

local governments:

The agency does not anticipate there will be much of a savings to local government as a result of minimizing the need for law enforcement, nor will they be impacted with any additional costs as a result of these rule changes.

small businesses:

There shouldn't be any impact to small businesses, either in costs or savings, as a result of these rule changes as small businesses are already required to obtain a permit or lease for any use they might have of trust lands.

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

There shouldn't be any additional costs or savings to persons other than small businesses, businesses, or local government entities beyond those already existing in rule.

Compliance costs for affected persons:

It is not anticipated that there would be any compliance costs associated with these rule changes beyond what already exists in rule. These changes simply better define acceptable and unacceptable OHV use of trust lands.

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

It is not anticipated that this rule will have any fiscal impact on businesses. The rule regulates individual users of trust lands, and their ability to access existing roadways for recreational purposes. As such, there is no substantive interface with business interests.

Kevin S. Carter, Director

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

School and Institutional Trust Lands
Administration
675 E 500 S
SALT LAKE CITY, UT 84102-2818

Direct questions regarding this rule to:

• Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, 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:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

Kevin Carter, Director

RULE TEXT

R850. School and Institutional Trust Lands, Administration.

R850-110. [Off-Highway Vehicle]Motor Vehicle Travel Designations.

R850-110-100. Authorities.

This rule implements Sections 6, 8, 10, and 12 of the Utah Enabling Act, Articles X and XX of the Utah Constitution, and [Section]Subsections 53C-1-302(1)(a)(ii) and 53C-2-301(1)(g) which authorize the Director of the School and Institutional Trust Lands Administration to [require off-highway vehicle use designation]establish rules consistent with general policies prescribed by the board of trustees, and regulate the unauthorized use or occupation of trust land, and Subsection 41-22-10.1(2) which authorizes the agency to designate trails, streets, or highways as open to off-highway vehicle use.

 

R850-110-200. [Off-Highway Vehicle]Travel Route Designations.

[In accordance with Section 41-22-10.1 lands administered by the School and Institutional Trust Lands Administration may be designated for Off-Highway Vehicle (OHV) use by designating certain roads, trails, and areas as "open" for various classes of OHVs. Pending completion of coordination efforts and detailed designations, all lands are open to over-snow vehicle use unless the use is the basis for a lease between the Trust Lands Administration and a second party. Existing roads and trails unless signed closed or previously designated closed, are open to OHV use so long as the use is otherwise consistent with state law and not in conflict with current leases or permits. All lands are closed to other than over-snow vehicles, until formally evaluated, at which time certain lands may be designated open.]1. Pending detailed route designations, all routes upon which exist a temporary public easement pursuant to Subsection 72-5-203(1)(a), other valid legal easement or right-of-way, or a permanent public access easement granted pursuant to agency rules are designated as open to motor vehicle use to the extent that such use is permitted by state law and local ordinances.

2. The agency may establish "Designated Use Only" areas.

(a) All routes within a "Designated Use Only" area are closed to motor vehicle use unless specifically designated open by the agency or authorized for a specific use through the issuance of a permit, easement, or lease.

(b) "Designated Use Only" areas may be established by the director through a written finding that such action is consistent with trust management objectives, current and projected land uses, and resource protection considerations.

3. All lands administered by the agency are closed to cross-country travel by all motor vehicles other than over-snow vehicles unless otherwise designated open or authorized for a specific use through the issuance of a permit, easement, or lease.

4. Except as authorized under Subsections (1) through (3), all trust lands are closed to motor vehicle use.

 

R850-110-300. Route Designations on Roads Maintained by Local Government Entities.

The agency may coordinate route designations with local government entities on routes maintained by them.

 

R850-110-400. Over-snow Vehicles.

All lands are open to cross-country travel by over-snow vehicles provided that:

1. the use is consistent with state law and not in conflict with current leases or permits; and

2. adequate snow depth exists to prevent resource degradation. Adequate snow depth is generally accepted to be at least 12 inches of consistent snow cover, but may vary depending on terrain or other ground conditions. The determination of whether there is adequate snow depth to prevent resource degradation shall be at the sole discretion of the agency.

 

R850-110-500. Route Width Designations.

Routes which have been designated as open to motor vehicle use by the agency may further be designated to allow for certain width classes of OHVs.

1. Twenty-six inches or less. Only OHVs under 26 inches wide may utilize routes designated in this class.

2. Fifty-two inches or less. Only OHVs under 52 inches wide may utilize routes designated in this class.

3. Routes which do not have a designated width class are open to all motor vehicles, provided that the vehicle width does not exceed the existing disturbed travel surface of the route.

 

R850-110-600. Date and Time Restrictions.

Routes which have been designated as open to motor vehicle use or areas which have been designated by the agency as open to cross-country travel, may be restricted to allow for use only within certain times of year or times of day.

 

R850-110-700. Other Route or Area Restrictions.

Additional restrictions or designations other than those specifically identified by rule may be placed upon routes or areas which have been designated as open to motor-vehicle use by the director. Such actions shall be authorized through a written finding by the director that the action is consistent with trust-management objectives, resource protection considerations, or other justified reasons.

 

R850-110-[500]800 . Method of Designating [OHV Use]Travel Routes .

[Trust Lands Administration lands]Travel routes may be designated as open to motor vehicle use and areas may be designated as open to cross-country travel by the director through a written finding that such action is consistent with trust-management objectives, current and projected land uses, and resource-protection considerations. Routes or areas that have been designated ["]open[" for OHV] to motor vehicle use by the director shall[will] be identified as specified in [Section]Subsection 41-22-10.1 [with]by posting signs or [upon]designating by map[s] or description. [which will be available for public distribution.] Additional designations with respect to route widths, date and time restrictions, or other restrictions shall also be identified through posted signs, map, or description. Posted signs shall conform to accepted interagency statewide OHV trail signing standards, and maps may [Maps will be used to the extent possible and will ]be published in cooperation with other land[] -management agencies [when]where practicable.[ Signs will be used only as needed in special situations or when they can be added to boundary designation signs as appropriate.]

 

R850-110-[600]900 . Director's Authority to Close Routes and Areas.

The director may [designate]close specific routes and areas [as closed]to motorized vehicle use, regardless of any previous route designation, when necessary [to protect endangered species, comply with local zoning and ordinances and]for resource protection, to fulfill trust-management objectives, or for other justified reasons. Such action shall be documented in a written finding by the director. [These areas will be posted closed and a]Amendments shall be made to existing [OHV]route designation maps or descriptions[accordingly]and signs posted as necessary.

 

R850-110-[300]1000 . Scattered Sections and Isolated Parcel Designations.

The agency [will]may coordinate [OHV]route designations with adjacent [state and federal] land[] -management agencies to reduce confusion over ownership boundaries and complications with enforcement. Agency land[ ] -use and management objectives [will]may be carefully considered when negotiating with other land-management agencies.[ The agency will coordinate designations with counties for all roads maintained by them and with local government to insure compliance with zoning and ordinances, unless otherwise justified.]

 

R850-110-[400]1100. Blocked Land Designations.

[Common primary roads across agency lands may be designated consistent]The agency may coordinate designations of shared routes with adjacent land[ ] -management agencies[.]to the extent that such designations are consistent with agency management objectives. All other [roads,] routes and areas contained within land blocks[, will] shall be designated in accordance with trust-management objectives, current and projected land uses, and resource protection considerations.[ resource protection requirements, multiple use concepts, trust requirements, and current and projected land use. Coordination with counties will be made for all roads maintained by the counties, and with local government, to insure compliance with zoning and ordinances, unless otherwise justified.]

 

R850-110-1200. Off-Trail Game Retrieval.

Use of a motor vehicle for the retrieval of downed game off of a designated route is prohibited, unless located within an area which has been designated as open for cross-country travel.

 

R850-110-[ 700 ] 1300 . [Off-Highway Vehicle]Recreational Use [Authorized by]Requiring a Lease or Permit.

[Organized OHV events and long term use, primarily OHV connected, will be allowed only upon issuance of a temporary Right-of-Entry or Special Use Lease in accordance with current rules. Use of OHV vehicles is authorized in connection with administration and operation of valid leases and permits as appropriate. OHV use is not authorized beyond that required for administration and operation of valid leases and permits, except as otherwise designated.]1. Commercial recreational use of trust lands, including competitive events or use of trust lands by commercial outfitters or tour operators, will be allowed only upon issuance of a Right-of-Entry Permit or Special Use Lease in accordance with current rules.

2. Long-term non-commercial recreational use of trust lands exceeding 15 consecutive days will be allowed only upon issuance of a Right-of-Entry Permit or Special Use Lease in accordance with current rules.

 

R850-110-1400. Exemptions.

The following uses are exempt from the restrictions and prohibitions set forth in this rule:

1. Administrative use by the agency.

2. Use in conjunction with the administration or operation of a valid lease or permit.

3. Use of any fire, military, emergency, or law-enforcement vehicle for emergency purposes.

4. Law-enforcement response to violations of law, including pursuit.

 

[R850-110-800. Off-Highway Vehicle Use Categories.

Categories of designation and the corresponding symbols may be utilized consistent with those already adopted by adjacent land management agencies or as listed below. Each symbol will contain the number corresponding to the specified designation.

Road Designations - Square Symbol

1. Permitted except when signed as closed: high clearance 4 x 4 vehicles and pickups, 2-wheel motorized vehicles, all-terrain vehicles, bicycles, sedans, over-snow vehicles.

2. Permitted except when signed as closed: high clearance 4 x 4 vehicles and pickups, bicycles, sedans, over-snow vehicles.

3. Permitted except when signed as closed: high clearance 4 x 4 vehicles and pickups, 2-wheel motorized vehicles, all-terrain vehicles, bicycles, sedans.

4. Closed to all vehicles.

Trail Designations - Triangle Symbol

1. High clearance 4 x 4 vehicles and pickups, sedans prohibited; 2-wheel motorized vehicles, over-snow vehicles, all-terrain vehicles, bicycles permitted.

2. All-terrain vehicles prohibited; 2-wheel motorized vehicles, over-snow vehicles, high clearance 4 x 4 vehicles and pickups, bicycles, sedans permitted.

3. 2-wheel motorized vehicles prohibited; 4 x 4 high clearance vehicles and pickups, all-terrain vehicles; over-snow vehicles, bicycles, sedans permitted.

4. 2-wheel motorized vehicles, all-terrain vehicles, bicycles prohibited; high clearance 4x4 vehicles and pickups, over-snow vehicles, sedans permitted.

5. Over-snow and all-terrain vehicles prohibited; 2-wheel motorized vehicles, high clearance 4x4 vehicles and pickups, bicycles, sedans permitted.

6. Sedans prohibited; all others permitted.

7. All vehicles prohibited.

Area Designations - Circle Symbol

1. Closed to all vehicles year around.

2. Ski area, entry only for ski area administration.

3. All vehicles restricted to designated routes. Area open to over-snow vehicles.

4. All vehicles restricted to designated routes. Over-snow vehicles prohibited.

5. Over-snow vehicles prohibited. All other vehicles restricted to designated routes except when signed as closed. Designations may be altered to suit special circumstances.]

 

KEY: land use, leases, permits, roads

Date of Enactment or Last Substantive Amendment: [1988] October 22, 2010

Notice of Continuation: December 16, 2008

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii); 53C-2-301(1)(g)

 

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