Notice of Proposed Rulemaking
Trail and Tool Use in California State Parks
California Code of Regulations Proposed Rule Making
A 15 day public comment period related to amendments to the proposed Trails and Tool Use Regulations opened on November 3, 2014 and closed on November 26, 2014. The proposed amended regulations are available here. Public comments were welcome on amendments which have been made to the draft regulations since the public comment period which ended on April 4, 2014. The final rulemaking file was submitted in December to the Office of Administrative Law and awaits their comments and/or approval.
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.
The proposed regulations are summarized below:
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 firstname.lastname@example.org