Administrative Rule Review Report  #AR08-036

Legislative Service Office

30-Apr-08

AGENCY: State Parks & Cultural Resources.

DATE SUBMITTED: April 29, 2008.

SUBJECT: Chapter 1, State Parks.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 36-4-115.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:       The rules make various changes to the rules governing use of state parks, historic sites, recreation areas and archeological sites.

Prior to these rules, camping was permitted for a maximum of 14 consecutive days in any 30 day period.  The rules now limit camping to a maximum of 14 total days in any 30 day period.  The rules now provide that only one camping unit (tent, RV, trailer, etc.) and no more than two licensed vehicles are permitted to occupy any designated campsite.  Prior rules allowed the use of multiple tents on a designated campsite.  These rules limit a camping unit to only one additional tent.  Designated campsite is defined as an established area with a state provided picnic table and metal fire ring.  Licensed vehicles include towed vehicles and boat trailers.  Any additional vehicles over the limit must be parked in an established overflow parking area.  The rules provide that the maximum capacity at any campsite is ten persons, although parents, grandparents and unmarried minor children may exceed the limit.  While the rules are vague as to whose parents, grandparents and unmarried children qualify for the exception, the department has indicated that they will interpret the exception to apply only to those specified family members of the person purchasing the overnight camping permit.

The rules provide that a park superintendent may set a visitor capacity limit for areas within a park for protection of visitors and park resources.  The rules renumber the prohibition against possession, discharge or use of fireworks of any kind on park land except for special displays approved by the park superintendent pursuant to a special use permit.  The rules provide that nudity is prohibited on park lands.  The rules limit the discharge of firearms to those persons engaged in lawful hunting and further limit the discharge of firearms to those areas at least 400 yards from any public use facility or activity area including picnic areas, campgrounds, trails and roads.  Therefore target practice during non-hunting seasons will no longer be allowed on state park land.  The rules allow for the use of glass beverage containers in vehicles and camping units or established commercial premises and designated historic sites.  Glass containers are otherwise prohibited.

The new rules provide that on trails bicyclists and foot traffic must yield to horseback riders.  Previously horseback riders had to yield to foot traffic.  The rules restrict the use of all off-road vehicles to persons holding a valid drivers' license and repeal the special rules for persons 12 years old and over.

The rules now prohibit swimming in Granite Lake at Curt Gowdy state park.  The rules provide that camping and consumption of alcohol is not permitted at Ft. Bridger State Historic Site and paths there are open only to foot traffic.

The rules provide that personal property left on any park land for longer than 30 days will be deemed abandoned and may be removed at the owner's expense.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Department.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/