Utah Admin. Code R652-70-2300 - Management of Bear Lake Sovereign Lands
(1) Lands lying below the ordinary high water
mark of Bear Lake as of the date of statehood are owned by the state of Utah
and shall be administered by the division as sovereign lands.
(2) Upon application for a specific use of
state lands near the boundary of Bear Lake, or in the event of a dispute as to
the ownership of the sovereign character of the lands near the boundary of Bear
Lake, the division may evaluate all relevant historical evidence of the lake
elevation, the water erosion along the shoreline, the topography of the land,
and other relevant information to determine the relationship of the land in
question to the ordinary high water mark.
(3) In the absence of evidence establishing
the ordinary high water mark as of the date of statehood, the division shall
administer all the lands within the bed of Bear Lake and lying below the level
of 5,923.65 feet above mean sea level, Utah Power and Light datum, as being
sovereign lands.
(4) The division,
after notice to affected state agencies and any person with an ownership in the
land, may enter into agreements to establish boundaries with owners of land
adjoining the bed of Bear Lake; provided that the agreements shall not set a
boundary for sovereign lands below the level of 5,923.65 feet above mean sea
level.
(5) The established speed
limit is 10 miles per hour.
(6)
Camping and use of motorized vehicles are prohibited between the hours of 10
p.m. and 7 a.m.
(7) No campfires or
fireworks are allowed.
(8) The use
and operation of motor vehicles on sovereign land at Bear Lake shall be
governed by Utah Code
65A-3-1 and division
plans.
(9) Pursuant to
65A-2-6(2), to
obtain a permit to launch or retrieve a motorboat on states lands surrounding
Bear Lake, a person shall:
(a) Complete the
online Mussel-Aware Boater Program and receive a multiple use Decontamination
Certification Form valid through the end of the calendar year as required and
provided by the Utah Division of Wildlife Resources as part of the Aquatic
Invasive Species Program.
(10) A person may only purchase one (1) beach
launching permit annually.
(a) The permit is
valid for the calendar year within which the permit is issued.
(b) The permit does not authorize launching
or retrieving a motorboat or parking or operating a motor vehicle in an area
designated as closed to motorized use.
(c) Lost or stolen permits may be replaced at
the established fee.
(11) The division may enter into an agreement
with a local governmental entity or state agency to issue the beach launching
permits in compliance with the requirements listed above.
(a) The agreement will allow the entity or
agency to establish a minimal administrative fee not to exceed $25 for issuing
the beach launching permit.
(12) The division or the entity or agency
with an agreement to issue the beach launching permit may revoke a permit or
deny an applicant a permit to launch under the following circumstances:
(a) The applicant fails to comply with the
beach launching permit requirements and stipulations listed above
(R652-70-2300(9)
(a-b) and R652-70-2300(10)
(a-c))
(b) the applicant fails to
acquire a lease or permit for structures placed on sovereign lands that may
include but is not limited to buoys, piers, docks (with the associated
anchors/weights) or boat ramps as required in
R652-70-300.
(13) Persons found in violation of
65A-3-1 (1-3) are subject to the
criminal penalties set forth in
76-3-204 and
76-3-301 as determined by the
court as well as civil damages set forth in
65A-3-1(3).
Notes
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