North Dakota Administrative Code Title 58 - Parks and Recreation Department
Legal Framework and Structure
Title 58 encompasses the rules and regulations governing the North Dakota Parks and Recreation Department (NDPRD). While the NDPRD is not classified as an administrative agency under the North Dakota Administrative Agencies Practice Act (NDCC Chapter 28-32), it has adopted rules in the format required for the North Dakota Administrative Code. These rules are published as Title 58 and are organized into three main articles:
Article 58-01: General Administration
Chapter 58-01-01: Organization and Functions of the Parks and Recreation Department
Chapter 58-01-02: General Provisions
Article 58-02: State Parks Administrative Policies
Chapter 58-02-01: General Provisions
Chapter 58-02-02: Park Use Rules
Chapter 58-02-03: Fees and Charges
Chapter 58-02-04: Special Events and Permits
Chapter 58-02-05: Facility Reservations
Chapter 58-02-06: Concessions and Contracts
Chapter 58-02-07: Enforcement and Penalties
Chapter 58-02-08: Park Use Rules (Detailed regulations on park usage, including hours, fees, and conduct)
Article 58-03: Land and Water Conservation Fund
Chapter 58-03-01: Administration and Allocation of Funds
Key Provisions in Title 58
Article 58-01: General Administration
Chapter 58-01-01 outlines the organization and functions of the NDPRD, detailing its history, structure, and responsibilities in planning, developing, and maintaining state parks and recreational areas.
Article 58-02: State Parks Administrative Policies
Chapter 58-02-08 provides specific park use rules, including:
Section 58-02-08-13: Fees and Permits — Establishes requirements for park entry and camping permits, and penalties for evading fees.
Section 58-02-08-14: Closed Areas and Closing Hours — Prohibits entry into closed areas and sets designated closing hours for parks.
Section 58-02-08-16.1: Unmanned Aircraft Systems — Regulates the operation of drones within state park lands.
Section 58-02-08-19: Operation of Snowmobiles or Off-Highway Vehicles — Specifies rules for operating snowmobiles or off-highway vehicles within state parks, including adherence to traffic laws and safety regulations.
Article 58-03: Land and Water Conservation Fund
Chapter 58-03-01 governs the administration and allocation of funds received under the Land and Water Conservation Fund Act, ensuring they are used appropriately for the development and maintenance of recreational areas.
Legal Context and Enforcement
The NDPRD operates under the authority granted by the North Dakota Century Code (NDCC), particularly:
NDCC 55-08-01.3: Grants the NDPRD the authority to manage state parks and recreational areas.
NDCC 55-08-04: Empowers the department to establish rules and regulations for the use of state parks.
NDCC 55-08-05: Allows the department to enforce rules and impose penalties for violations.
Violations of Title 58 regulations are classified as noncriminal offenses, with penalties ranging from class 1 to class 2 offenses, depending on the severity of the violation.
Case Law and Judicial Interpretation
While there is no specific case law directly interpreting Title 58, relevant case law from other administrative agencies in North Dakota can provide insight into how courts might approach disputes involving the NDPRD:
Administrative Agency Authority: Courts have upheld the authority of administrative agencies to promulgate and enforce rules within the scope of their statutory mandates. In the absence of specific case law under Title 58, courts would likely defer to the NDPRD's expertise in managing state parks and enforcing park use regulations.
Due Process in Enforcement: In cases involving administrative penalties, courts have emphasized the importance of due process, including notice of violations and an opportunity to be heard. The NDPRD must ensure that individuals accused of violating park rules are afforded these rights.
Interpretation of Ambiguous Regulations: When faced with ambiguous regulations, courts may interpret them in a manner that aligns with the agency's expertise and the legislative intent behind the enabling statute. The NDPRD's interpretations of its rules would likely be given deference unless they are clearly erroneous.
Practical Implications
For individuals and entities interacting with the NDPRD, understanding Title 58 is crucial for compliance and to avoid potential penalties. Key considerations include:
Permit Requirements: Ensure that all necessary permits are obtained for park entry, camping, and special events.
Adherence to Park Rules: Familiarize oneself with specific park use rules, including operating hours, vehicle regulations, and prohibited activities.
Compliance with Fees: Pay all applicable fees promptly to avoid penalties for evasion.
Respect for Closed Areas: Do not enter areas designated as closed to public use without proper authorization.
Conclusion
Title 58 of the North Dakota Administrative Code provides a comprehensive framework for the management and use of state parks and recreational areas. While there is no specific case law interpreting these regulations, understanding the legal context and enforcement mechanisms is essential for compliance. Individuals and entities should familiarize themselves with the provisions of Title 58 to ensure lawful and respectful use of North Dakota's state parks.
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