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
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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