August 13, 2010

RULE-MAKING NOTICE

BOARD OF PARKS AND OUTDOOR RECREATION MEETING

September 16, 2010

In conformance with the State Administrative Procedures Act, specifically section 24-4-103, C.R.S., the Board of Parks and Outdoor Recreation gives notice herewith that rules will be considered for adoption at the Board’s meeting on September 16, 2010, beginning at 1:45 pm. The Board meeting will be held at the Basalt Library Community Room, 14 Midland Avenue, Basalt, CO 81621.

The regulatory subjects and issues identified below shall be considered pursuant to the Board of Parks and Outdoor Recreation’s rulemaking authority as generally set forth in sections 33-10-101 to 33-33-113, C.R.S. (the “Parks and Outdoor Recreation Act”), and specifically including sections 33-10-106, 33-10-107, 33-10-111, and article 12 of title 33, C.R.S. (“Passes and Registrations”).

Unless otherwise noted at the time of their adoption, the effective date of rules adopted by the Board of Parks and Outdoor Recreation at its September 16, 2010 meeting will be November 1, 2010.

Final regulations for consideration:

Chapter 1 – PARKS AND OUTDOOR RECREATION LANDS 2 CCR 405-1

Open for consideration of regulations concerning dog off leash areas within state parks, including, but not limited to, the following:

·  Designating and defining dog off leash areas and sport dog training areas at Chatfield State Park and Cherry Creek State Park, including the physical boundaries of such areas,

·  Permitting access to the dog off leash areas only at designated access points.

·  Allowing a handler to bring a maximum of 3 dogs at one time into the dog off leash areas,

·  Requiring all handlers to possess a leash and at least one waste bag for each dog while in the dog off leash areas, and

·  Requiring sport dog trainers to obtain a special use permit to access and use the designated upland and flatwater sport dog training areas;

and open for the consideration of regulations prohibiting use of dump stations and other utilities at state parks unless a valid camping permit or camping reservation is first purchased.

Chapter 7 – PASSES, PERMITS AND REGISTRATIONS 2 CCR 405-1

Open for consideration of regulations establishing pass and activity fees, including differential fees for specific parks, seasons and activities, which reflect the demand for use of such parks and activities and are intended to support the operation of state parks, recreation areas and specific activities, including, but not limited to, the following:

·  Increase the annual pass fee to $70,

·  Increase the annual multiple pass fee to $35,

·  Increase the daily pass fee at Cherry Creek, Chatfield, Boyd Lake and Eldorado Canyon to $8 year round,

·  Increase the daily pass fee at all other park areas to $7 year round,

·  Increase the Aspen Leaf annual pass fee to $35,

·  Increase the Aspen Leaf annual multiple pass fee to $18,

·  Establish the fee for the lifetime senior pass as $175,

·  Increase the Columbine pass fee to $14,

·  Increase the Centennial pass fee to $14,

·  Increase cabin and yurt rental fees by a range of $10 to $40, depending on cabin/yurt type, demand and available amenities,

·  Increase camping fees at Chatfield, Cherry Creek, Cheyenne Mountain, Golden Gate, Highline, Mueller, Pearl Lake, Rifle Gap, Ridgway, St. Vrain, Steamboat and Sylvan Lake from May 1 through September 30 by up to $6,

·  Establish a dog off leash annual pass fee of $20 at Chatfield and Cherry Creek,

·  Establish a dog off leash daily pass fee of $2 at Chatfield and Cherry Creek,

·  Establish an event facility permit fee at the Fountain Valley Overlook at Roxborough of up to $125, and

·  Establish an event facility permit fee at the Lyons Overlook at Roxborough of up to $150.

Copies of the proposed rules (together with a proposed statement of basis and purpose and specific statutory authority), will be available for inspection and distribution at the Offices of the Division of Parks and Outdoor Recreation, 1313 Sherman Street, Room 618, Denver; 13787 South Highway 85, Littleton; 4255 Sinton Road, Colorado Springs; and 361 32 Road, Clifton; and posted on the Division of Parks and Outdoor Recreation’s internet home page at www.parks.state.co.us, at least five (5) days prior to the date of hearing. Such copies, however, are only proposals to be submitted to the Board of Parks and Outdoor Recreation by the Division. Subject to the provisions of section 24-4-103, C.R.S., these proposals may be modified by the Division or the Board before the Board promulgates final rules on the above topics.

The Board of Parks and Outdoor Recreation will afford all interested persons an opportunity to submit alternate proposals, written data, views or arguments and to present them orally at the meeting unless it deems such oral presentation unnecessary. Written alternate proposals, data, views or arguments and other written statements should be submitted to the Division of Parks and Outdoor Recreation at 1313 Sherman Street, room 618, Denver; e-mailed to ; or faxed to the Division at (303) 866-3206.

Comments on the above regulatory subjects and issues, and proposed rules will be accepted at any time prior to, or as part of the meeting. However, to ensure sufficient time for consideration prior to the meeting, comments should be submitted to the Division of Parks and Outdoor Recreation by noon on September 9, 2010 for transmittal by the Division to the Board of Parks and Outdoor Recreation. Comments received by the Division after noon on September 9, 2010 will be provided to the Board on the day of the meeting.

In order to increase the Board of Parks and Outdoor Recreation’s efficiency and allow more time for consideration of parks and outdoor recreation policy and contested issues, some or all of this regulatory agenda may be listed for action by the Board as part of a “Consent Agenda” for this meeting.

The process for placing matters on the Consent Agenda is as follows:

The Director of the Division of Parks and Outdoor Recreation identifies matters where the recommended action follows established policy or precedent, there has been agreement reached or the matter is expected to be uncontested and non-controversial. Staff will provide written memos to the members of the Board of Parks and Outdoor Recreation explaining the matters on the Consent Agenda. Copies of the memos will be available to the public.

Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other consent agenda items. If a member of the Board of Parks and Outdoor Recreation requests further consideration of an item on the consent agenda, that item will be withdrawn from the Consent Agenda and discussed at the end of the meeting or at the next meeting. The Consent Agenda may be voted on without the necessity of reading individual items. Any member of the Board of Parks and Outdoor Recreation may request clarification from the Director of the Division of Parks and Outdoor Recreation for any matter on the Consent Agenda.

Other agenda items

In addition to its regulatory agenda, the Board of Parks and Outdoor Recreation may consider and make policy, program implementation, and other non-regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be obtained from the Division of Parks and Outdoor Recreation, (303) 866-3437. If requested, agendas will be mailed or e-mailed, as requested, on September 10, 2010 and may also be viewed on the Division of Parks and Outdoor Recreation’s internet home page at www.parks.state.co.us by September 10, 2010.

The Board of Parks and Outdoor Recreation maintains a regulatory information mailing list and mails the Board’s meeting agendas and rulemaking notices to interested parties. There is a charge to receive these mailings. To be placed on this mailing list, please call (303) 866-3437.

All programs, services and activities of the Board of Parks and Outdoor Recreation and the Division of Parks and Outdoor Recreation are operated in compliance with the American with Disabilities Act. If you need an accommodation to participate in the rulemaking hearing as a result of a disability, please call (303) 866-3437. To insure that your request can be appropriately addressed, please provide notification of your request for an accommodation by September 10, 2010.

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