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Monday, May 20, 2013

Impact Of HB 333 On Boat Launching & Lake Use


Bobbie Bicknell Coray, Reporter
Rich Civic Times

GARDEN CITY, Utah.  May 18, 2013.  Jennifer Hansen, Forestry, Fire and State Lands, Area Sovereign Lands Specialist said that the Bear Lake Comprehensive management Plan was confirmed in May 2009.  There were two public comment sessions to build this plan. They found that the Bear Lake residents were passionate about the welfare of the Lake and  are considered a great resource.  The objective of the plan was to give flexibility to work with government agencies, cooperators and interested parties on long term solutions to protect the resource and uphold the integrity of the public trust.
There were  four main topics.  Public Safety, spread of invasive species, water quality and appropriate use of sovereign lands.     The legislation just passed this January made the Plan more legally conducive to do that.  There are 14 miles of open beach to monitor where anyone can launch and have launched in the past.  But with the invasive species becoming a danger this may not work. 
Sovereign Lands wanted the state agencies make some management strategies that will allow the local people to manage more effectively.   Not all decisions have been made and they wanted input from the crowd who was at the conference.  So most of the discussion was based on questions from the audience.
Boat Launching was allowed everywhere in the past, but now for the protection of the lake Sovereign Lands wants  to have designated boat launching areas so that invasive species can be  monitored.  So where do we want to allow it?  Many people have un-permitted boat ramps on their lake front property.  They estimate there are 60  un-permitted ramps on the Utah side alone and about 100 other structures like docks along the lake.
What about lake level?  What about invasive plants.  What about the muck that comes up during low lake levels.  Questions flew from the floor.
The CMP incorporates statutes and state rules.  This was the first public meeting to submit comments on what are the issues and solutions on key problems within 30 days.  Draft plan is due by Raspberry days. The Record of Decision is due Winter 2013. Make comments at http://www.ffsl.utah.gov/sovlands/bearlake.php 
Results from Q & A period:
Can  tractors be used to launch from lakeshore owned property?  Hansen answered, "We are working with  the regulatory commission to issue beach launching permits, but it is not complete and we are working on it.  HB 333 was to change the statute to give division flexibility to determine how beach launching is permitted. 
 An amendment to that bill stated  that adjacent home owners to the lake are allowed a beach launching permit.  People behind the first row of homes do not have the right to get a beach launching permit unless the land is held in common.  Any change on the Utah side must be made by legislative rules so contact Sen. Lyle Hillard and Sen. Menlove,  An example,  HOA’s like Ideal Beach are considered  to be adjacent if they have a marina.
As public lands there is a lot of risk and there needs to be some way to limit access and give control to avoid the invasive species.
What public access are available on the south end?  Hansen said that they will be designating areas for public access and launching.  They want to close off any launching except from  designated public launch.   The county has removed obstructions from the Sidoway access but the sand is so soft there is no vehicle access.
Azure Cove, all own in the common ground and filed with county.  At this time only have  permits will be given for adjacent home owners,  the rest of  home owners will be considered to be an HOA which  have 2 permits to share.  They can put it in a lock box after launching.   This is in rules development.  Property owners  will be responsible for quagga mussel inspection.  What liability property owners will have if a boat launched with invasive species from their dock was not known.
Why are permits for buoys and needed every year when it has been every ten years?  Hansen replied. "It has always been annual permit for buoys. We are looking at extending it for 3 years.  Ramps permits are ggenerally issued for 12 years, but they are not permitting new ramps and only 4 of the 64 current boat docks have permits.  Boat docks are permitted for 3 years with 3 year renewals for a total of 9 years.  
What about launching from the marina and then docking at your own beach marina?  If you are not docking more than 72 hours yes.  Otherwise the buoy must be permitted if it is in the water more than 72 hours.
There will be more demand on public ramps because of this new law and there is not enough parking now.  Hansen said "They may need to look at it in the future, and provide more parking."
Bear Lake has three jurisdictions, State Lands, State Parks and the Army Corps of Engineers, but all three jurisdictions need to sign off.  They have asked Corps of Engineers to join in this permitting processing so that there would only be one permit needed, but so far the Corps has declined.
"Do we have permission to clear the dead trees?" asked one resident.   Hansen replied, "you can cut them with a chain saw but not disturb the soil according to the Corps of Engineers.  So the stump must remain.  It hasn’t been addressed in the CMP and needs to be."
Hansen went on to discuss cement ramps, what happens to the non- permitted ones? They are considered a trespass on public lands.  Do we want 64 boat ramps?  What are the consequences?    Public land use by private users need to be compensated.   How much should they pay?  Are they going to be asked to take them out?  State Lands would like public input on this.
When and where can we get a boat launch permit? They are working on it with the Bear River Regional Council.   Call them and get on a list to be notified when the boat launch permits are ready.
No sand can be brought in because it is called illegal fill. 
Is Garden City going to continue to charge for car access?  Yes, said Mayor Spuhler.  The money is used for beach facilities and clean up and anything over that need is used to maintain the bike path.  People can walk in for free. 
If they limit car access how do you get handicapped and old people there?   Some accesses are going to be cut off and alternative ways for getting to the beach will be developed in an interim plan this summer.
Should boat ramps be engineered, so that they don’t break off and run into the lake or other people’s property?  That is being considered, Hansen said.

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