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Notice of Proposed Rulemaking

Trail and Tool Use in California State Parks

California Code of Regulations Proposed Rule Making Public Comment Period Now Open!

A 15 day public comment period related to amendments to the proposed Trails and Tool Use Regulations opened on November 3, 2014 and will close on November 26, 2014. The proposed amended regulations are available here. Public comments are welcome on amendments which have been made to the draft regulations since the public comment period which ended on April 4, 2014. No comments will be considered on language that was open for comment during prior public review periods. When reviewing the Proposed Text - Revised 11/3/14, please refer to the first paragraph which clarifies the formatting regarding which changes to the regulations have been made since the last public review period. 

In summary, an amendment was made to Section 4360 clarifying that allowable trail uses will continue as they are designated at the date of adoption of these regulations unless and until a change is made by order of the District Superintendent. All language related to regulating airspace over preserves has been eliminated. Language changes have been made to Section 4360.1 to improve clarity without changing the intent or meaning of the Section.

Any interest person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to DPR by email to trails@parks.ca.gov. Comments may also be submitted by fax at (916)324-0301 or mail to:

Alexandra Stehl, Statewide Roads and Trails Program Manager
California Department of Parks and Recreation
P .O. Box 942896
Sacramento, CA 94296

The comment period closes at 5:00 p.m. on November 26, 2014. DPR will consider only comments received at DPR offices by that time. Inquiries may be made to Ms. Stehl at trails@parks.ca.gov or by calling (916)324-0322.

The proposed regulations are summarized below:
 
Trail Use
This rulemaking action clarifies and makes specific the authority for regulating trail uses and users on trails in the state park system. 

  Current trail use regulations are inconsistent. 

  The new regulations clarify that all trails are open to pedestrians and closed to all other uses unless designated as open to the additional use.  

  There will not be a change in the current trail use designations as a result of these regulations being adopted.

  Any changes to current trail use designation will be decided by the District Superintendent after careful analysis and public input. 

Tool Use in Natural and Cultural Preserves
The new regulations also provide direction for establishing what tools may be used, and under what circumstances, in Cultural Preserves and Natural Preserves. 

  Clarifies that permanent structures and installations are allowed in a Wilderness or Preserve when necessary for protection of natural or cultural heritage

  Identifies a review process for determining the appropriate tool/equipment required to perform necessary natural or cultural resource stewardship activities while maintaining the integrity of the Preserve.

We believe the proposed regulations will provide clarity to rules for trail use, tool use in preserves and construction of permanent structures in a Preserve or Wilderness while protecting important resources and providing for public use and enjoyment.

If you have questions, please contact the Statewide Roads and Trails Program by emailing trails@parks.ca.gov