NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Natural Resources; Forestry, Fire and State Lands
1594 W North Temple, Suite 3520
1594 W North Temple, Suite 3520
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R652-121. Wildland Fire Suppression Fund
B. Purpose of the new rule or reason for the change:
The purpose of this filing is to establish rules for the Utah Wildfire fund, as directed by HB 307 from the 2025 General Session.
HB 307 (2025) renamed the fund and made substantial changes to the procedures outlined in the old rule to administer the fund.
C. Summary of the new rule or change:
The old rule established the procedures by which the Division of Forestry, Fire and State Lands will disburse funds within the Utah Wildfire Fund.
The changes in HB 307 (2025) required the renaming of the fund and established new methods of funding and disbursement of funds within the Fund.
This new rule filing implements those changes, including the establishment of a new procedure to disburse funds to pay for wildfire prevention costs.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 307 (2025 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill, which described how the old suppression fund is being transferred into the new Utah Wildfire Fund.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.
There is not expected to be a change in impact to local governments from this repeal and readoption.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.
There is not expected to be a change in impact to small businesses from this repeal and readoption.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.
There is not expected to be a change in impact to non-small businesses from this repeal and readoption.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.
There is not expected to be a change in impact to persons from this repeal and readoption.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
F. Compliance costs for affected persons:
This rule is put in place according to HB 307 (2025), and all fiscal impact was accounted for in the fiscal note of that bill.
The changes implemented in this rule are mandated by HB 307 (2025) and do not extend beyond those changes required in the bill.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jamie Barnes, Division Director and State Forester
R652. Natural Resources; Forestry, Fire and State Lands.
[R652-121. Wildland Fire Suppression Fund. This rule implements Article XVIII of the Utah Constitution and Section 65A-8-204 and provides for administration of the Wildland Fire Suppression Fund under the authority of Section 65A-8-207. R652-121-200. Wildland Supression Fund. 1. The Wildland Fire Suppression Fund may be used to pay the costs of wildland fire suppression on state-owned land and for wildland fire suppression costs except initial attack costs on non-federal land within the jurisdiction of a county, municipality, or other eligible entity that has entered into a cooperative agreement with the Division and is complying with the terms of the cooperative agreement. 2. A county, municipality, or other eligible entity without a cooperative agreement or one with a revoked cooperative agreement shall be responsible to pay for all wildland fire suppression costs on non-federal land within its jurisdiction within 90 days after receiving a bill from the Division for such costs, subject to a right to an informal appeal to the State Forester. Any appeal must be submitted to the Division in writing within 90 days of receiving the bill. The State Forester may conduct an investigation, hold an informal hearing, or request additional information before making a final decision. R652-121-300. Payment of Wildland Fire Suppression Fund Costs. 1. After an eligible entity has entered into a cooperative agreement with the Division, all wildland fire suppression costs beyond initial attack within the jurisdiction of the eligible entity will be paid by the Wildland Fire Suppression Fund. 2. Area managers will verify to the state forester in writing that an eligible entity has a cooperative agreement. 3. Each participating entity must make a good faith effort to recover suppression costs for negligently-caused wildland fires. If the participating eligible entity refuses to make a good faith effort to recover suppression costs from a negligent party for a wildland fire without approval from the State Forester, the suppression costs for that fire shall not be eligible for payment from the Wildland Fire Suppression Fund. The State Forester will determine if a good faith effort has been made to recover suppression cost. 4. Wildland fire suppression costs recovered under Section 65A-3-3 will be repaid to the Wildland Fire Suppression Fund. R652-121-400. Revocation of Participation in Fund. 1. Participation in the Wildland Fire Suppression Fund may be revoked for failure to: (a) enter into a cooperative agreement with the Division, (b) comply with the terms of the cooperative agreement with the Division; or (c) fulfill its participation commitment. 2. The division will notify a participating entity in writing of any breach of the cooperative agreement. 3. Failure to remedy a breach may result in revocation of the entity's cooperative agreement pursuant to the terms of the cooperative agreement which shall preclude participation in the Wildland Fire Suppression Fund. 4. The revocation decision may be informally appealed to the State Forester within 30 days of the notice. The State Forester may conduct an investigation, hold an informal hearing, or request additional information. The final decision of the State Forester will be sent to the entity. R652-121-500. Withdrawal from Participation in Fund. 1. An entity may withdraw from participation in the fund by revoking its cooperative agreement the end of the agreement's term by: (a) informing the division, in writing, of the eligible entity's intention to revoke the cooperative agreement; or (b) failing to sign and return it annual financial statement as described in R652-120-400(5)(e), unless an extension has been granted by the Division. R652-121-600. Reinstatement of Participation in Fund. 1. An eligible entity that voluntarily withdrew participation in the Wildland Fire Suppression Fund pursuant to R652-121-500 may enter into a new cooperative agreement with the Division and become a participating entity. 2. An eligible entity whose participation in the Wildland Fire Suppression Fund was revoked by the division pursuant to R652-121-400 may enter into a new cooperative agreement with the Division and become a participating entity only after remedying the breach that resulted in the revocation. If the revocation was due to failure to fulfill the participation commitment for one or more years, the eligible entity shall agree to fulfill the previous participation commitments during the first three-year term of the new cooperative agreement in addition to the participation commitments for each year of the cooperative agreement.] R652-121. Utah Wildfire Fund. (2) Suppression costs billed to an eligible entity that does not participate in a cooperative agreement shall be deposited in the Utah Wildfire Fund.KEY: administrative procedures, [wildland fire fund]Utah Wildfire fund, grants, wildland fire, preparedness Date of Last Change: 2026[January 10, 2017] Notice of Continuation: August 24, 2022
Authorizing, and Implemented or Interpreted Law: 65A-8-2[0]17 !--dar--
