RULES AND REGULATIONS
Title 17--CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
[17 PA. CODE CH. 23]
State Forest Picnic Areas
[33 Pa.B. 21] The Department of Conservation and Natural Resources (Department), Bureau of Forestry, adopts amendments to Chapter 23 (relating to State forest picnic areas). This chapter has not been revised since it was promulgated in 1979. The amendments improve the protection of State forest resources and safety of visitors.
The amendments also eliminate provisions in Chapter 23 that duplicate provisions in Chapter 21 (relating to general provisions) or that would more appropriately be in the form of camping permit conditions.
A. Effective Date
This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information, contact William R. Slippey, Chief, Recreation Section, Operations and Recreation Division, Bureau of Forestry, DCNR, P. O. Box 8552, Harrisburg, PA 17105-8552; (717) 783-7941; fax (717) 783-5109; or forestrecreation@state.pa.us.
Persons with disabilities may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
This final-form rulemaking is available electronically through the Department's website at www.dcnr.state.pa.us/forestry.
C. Statutory Authority
This final-form rulemaking is made under the authority in sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) and 18 Pa.C.S. §§ 7505 and 7506 (relating to violation of governmental rules regarding traffic; and violation of rules regarding conduct on Commonwealth property).
D. Background and Purpose
Under Executive Order 1996-1, ''Regulatory Review and Promulgation,'' the Department reviewed Chapter 23 and determined that it needed to be updated and streamlined. This final-form rulemaking is intended to accomplish these objectives.
E. Summary of Comments and Responses and Changes Made in the Final-Form Rulemaking
This final-form rulemaking was published as proposed at 32 Pa.B. 2851 (June 8, 2002), with a 60-day public comment period. As a result of comments received from the public and from the Independent Regulatory Review Commission (IRRC), the Department made a number of changes to the proposed rulemaking. The comments and changes are discussed as follows.
Comment
Section 23.22(d) (relating to miscellaneous prohibitions) of the previous regulations that prohibited disorderly conduct and obscene or lewd acts or dress should not be deleted. Even though these activities are covered by 18 Pa.C.S. (relating to the Crimes Code), it is more difficult for Department personnel to enforce the Crimes Code than to enforce its own regulations.
Response
The provision that was deleted from § 23.22(d) in the proposed rulemaking has been restored in this final-form rulemaking with a modification. The deleted provision prohibited disorderly conduct and obscene or lewd acts or dress. In this final-form rulemaking, that provision remains deleted from § 23.22, but a new section has been added which contains that provision. New § 23.24 (relating to disorderly, indecent, obscene, lewd conduct) adds indecent exposure to the activities that are prohibited. This provision is being retained in Chapter 23 because some State forest districts do not have DCNR rangers on staff to patrol picnic areas and therefore must rely on noncommissioned State forest officers for enforcement activities. Noncommissioned State forest officers do not have the authority to enforce the Crimes Code but do have the authority to enforce State forest regulations.
Comment
Sections 23.11(c)(1) and 23.22 (relating to schedule; and organized events) include the phrases ''written permission of the Department'' or ''written authorization of the Department.'' Section 23.16 (relating to fires) references § 21.62(b) (relating to open fires), which includes the phrase ''authorization from the District Forester or a designee.'' The final-form rulemaking should describe how to apply for ''approval'' or indicate where this information is available.
Response
In § 23.22, the word ''authorization'' has been replaced with ''permission'' to make it consistent with the language used in § 23.11(c)(1). ''Permission of the Department'' is defined in § 23.1 (relating to definitions) of the final-form rulemaking as ''approval obtained from a district forester or designee.''
Comment
Section 23.11(b) (relating to schedule) states: ''A State forest picnic area may be closed by the Department to public use.'' The final-form rulemaking should identify how the public will be notified of a closure.
Response
This subsection and § 23.11(c) have been deleted in the final-form rulemaking because they duplicate provisions in § 21.4 (relating to State Forests--closure). Section 21.4(b) states that the public will be informed of the closure by ''any form of communication, which may include posted signs, or by fencing or other enclosure manifestly designed to exclude intruders.''
Comment
Section 23.15 (relating to trash and garbage disposal) which was entitled ''litter'' in the previous and proposed regulation, states that trash accumulated during the use of a picnic area may be placed in trash containers found in those areas. This revised section does not address litter. It addresses trash and garbage accumulated while in a picnic area. The commentator recommended that the title of this section be changed to more accurately reflect the subject matter addressed.
Response
The heading of § 23.15 has been changed in the final-form rulemaking to ''trash and garbage disposal.''
Comment
Under § 23.16(a), ''open fires'' are permitted in ''designated facilities,'' but neither term is defined. The Department should either define or provide examples of these terms in the final-form rulemaking.
Response
To clarify this subsection, the word ''open'' has been deleted, and the term ''designated facilities'' has been replaced with ''fire rings and fireplaces provided by the Department.'' In addition, to make it clear that visitors may bring gas grills and camp stoves to picnic areas, the final-form rulemaking states that fires will be permitted in these appliances.
Comment
Section 23.16(d) refers to § 21.62(b) that prohibits ''open fires'' in picnic areas from March 1 through May 25 and from October 1 through December 1 without authorization from a district forester. Is this prohibition needed since § 23.16(a) only allows fires in designated facilities? If the reference is retained, the term ''open fires'' needs to be used consistently in both § 23.16 and § 21.62.
Response
As discussed in response to the previous comment, the words ''open'' and ''designated facilities'' have been deleted in § 23.16(a) for purposes of clarification. Consistent with this change, § 23.16(d) has been clarified in the final-form rulemaking to state that fires in fire rings and fireplaces are subject to the prohibitions in § 21.62(b).
Comment
Section 23.22 (relating to organized events) requires written authorization from the Department for an ''instruction, exhibition, competition, demonstration or other organized or special event'' but does not define these events or indicate a minimum number of participants. The section should clearly state what specific activities require a permit. It should also specify the minimum number of people that constitute a group or event.
Response
Because of the wide variety of events that could be covered by this section and because of the many factors that could affect the impact of a particular group or event in a particular picnic area at a particular time, it would be impossible to adequately define those events and to specify a minimum number of participants. Examples of events that are covered by this section are day camps, family reunions, church services and archery instruction. Organized events for which picnic areas are used as staging areas are also covered by this section. Examples are ice skating, running, walking, bicycling events, motorcycle competitions, motorcycle rides, sports car rallies, orienteering competitions and fishing derbies.
The picnic area regulations have always included an organized event provision similar to this one. The provision has been understandable to the public and has provided the necessary flexibility for forest districts to work with the public in accommodating many kinds of activities. For these reasons, the Department has not added the specificity suggested by the comment.
In addition to the changes made in this final-form rulemaking in response to comments it received on the proposed rulemaking, the Department also made a change as a result of its own review of the proposed rulemaking. In the proposed rulemaking, § 23.12 (relating to motor vehicles) was deleted because it duplicated provisions in § 21.21 (relating to motor vehicles), which applies to all State forest land including picnic areas. In the final-form rulemaking, the provision that was in § 23.12(c) has been restored (with a minor editorial modification) because it prohibits nuisance operation of motor vehicles. It has been useful for prosecuting persons who, for example, repeatedly cruise picnic loops, annoying picnickers.
F. Benefits, Compliance Costs
Executive Order 1996-1 requires a cost/benefit analysis of the final-form rulemaking.
Benefits
Visitors to the 27 State forest picnic areas will benefit from the improved protection of, and recreational opportunities in, these areas.
Compliance Costs
The amendments to Chapter 23 impose no additional costs or paperwork requirements on the general public, local governments or the private sector. The amendments will result in the negligible cost to the Commonwealth of posting camping permit conditions for Asaph and County Bridge State forest picnic areas.
G. Sunset Review
Chapter 23 will be monitored by the Department to determine whether the regulations effectively accomplish their intended goals.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 22, 2002, the Department submitted a copy of this proposed rulemaking, published at 32 Pa.B. 2851, to IRRC and the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comment received during the public comment period. In preparing this final-form rulemaking, the Department has considered comments from IRRC and the public. No comments were received from the legislative committees.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on November 14, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 21, 2002, and approved the final-form rulemaking.
I. Order
The Department acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 17 Pa. Code Chapter 23, are amended by amending §§ 23.1--23.3, 23.11, 23.12, 23.14--23.17, 23.20 and 23.22; deleting §§ 23.13, 23.18, 23.19, 23.21 and 23.41--23.47; and by adding §§ 23.23 and 23.24 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form, as required by law.
(c) The Department shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
JOHN C. OLIVER,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5593 (November 9, 2002).)
Fiscal Note: Fiscal Note 7B-4 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 17. CONSERVATION AND NATURAL RESOURCES
PART I. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Subpart C. STATE FORESTS
CHAPTER 23. STATE FOREST PICNIC AREAS
PRELIMINARY PROVISIONS § 23.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Permission of the Department--Approval obtained from a district forester or a designee.
State forest picnic area or picnic area--An area on State forest land designated by the Department as a State forest picnic area.
§ 23.2. Application.
State forest picnic areas are subject to Chapter 21 (relating to general provisions) and this chapter.
§ 23.3. Violations.
(a) A person who engages in an act which is prohibited by § 21.21 or § 21.25 (relating to State Forests--motor vehicles; and State Forests--parking) commits a summary offense under 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic).
(b) A person who engages in an act which is prohibited by this chapter, other than an act prohibited by § 21.21 or § 21.25, commits a summary offense under 18 Pa.C.S. § 7506 (relating to violation of rules regarding conduct on Commonwealth property).
MISCELLANEOUS PROVISIONS § 23.11. Schedule.
(a) State forest picnic areas are open to the public between sunrise and sunset.
(b) Except as provided in subsection (c) or except with written permission of the Department, entering, using or remaining in a State forest picnic area when it is not open to the public under subsection (a) is prohibited.
(c) Entering a State forest picnic area when it is not open to the public under subsection (a) is permitted for the purpose of fishing or gaining access to another area of State forest land that is open for public use.
§ 23.12. Motor vehicles.
Operation of a motor vehicle in a manner that is reckless or negligent or that creates a nuisance or excessive noise is prohibited.
§ 23.13. (Reserved).
§ 23.14. Alcoholic beverages.
Possession or consumption of alcoholic beverages is prohibited.
§ 23.15. Trash and garbage disposal.
If containers for disposal of trash and garbage are provided by the Department, trash and garbage accumulated during use of a State forest picnic area may be placed in these containers. Disposing of any other material in these containers is prohibited.
§ 23.16. Fires.
(a) Fires are permitted in fire rings and fireplaces provided by the Department and in gas grills and camp stoves. Charcoal fires are permitted in appliances designed for that purpose. Other fires are prohibited.
(b) Disposing of hot charcoal except in a facility designated by the Department for charcoal disposal is prohibited.
(c) Leaving a fire that has not been completely extinguished is prohibited.
(d) Fires in fire rings and fireplaces are subject to the prohibition in § 21.62(b) (relating to open fires).
§ 23.17. Hunting, trapping and shooting.
Hunting, trapping and the discharge of firearms, bows and arrows, or other devices capable of launching projectiles are prohibited.
§ 23.18. (Reserved).
§ 23.19. (Reserved).
§ 23.20. Pets.
Pets are prohibited unless they are on a leash not exceeding 6 feet and are attended at all times.
§ 23.21. (Reserved).
§ 23.22. Organized events.
An instruction, exhibition, competition, demonstration or other organized activity or special event is prohibited without written permission of the Department.
§ 23.23. Removal of facilities.
Removal from State forest picnic areas of picnic area facilities, including picnic tables, grills, fire rings, or containers for disposal of trash, garbage or charcoal is prohibited.
§ 23.24. Disorderly, indecent or obscene or lewd conduct.
Disorderly conduct, indecent exposure, and obscene or lewd acts or dress is prohibited.
§§ 23.41--23.47. (Reserved).
[Pa.B. Doc. No. 03-10. Filed for public inspection January 3, 2003, 9:00 a.m.]
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