AS APPROVED - 09/12/2013

EMERGENCY REGULATION - CHAPTER P-1 - PARKS AND OUTDOOR RECREATION LANDS

ARTICLE I - GENERAL PROVISIONS RELATING TO PARKS AND OUTDOOR RECREATION LANDS AND WATERS

# 100 - PARKS AND OUTDOOR RECREATION LANDS

PARK-SPECIFIC RESTRICTIONS

d. In addition to the general land and water regulations, the following restrictions shall also apply:

12. Cheyenne Mountain State Park

(a) No dogs or other pets shall be permitted outside of the developed facilities area.

(b) Smoking shall be limited to developed areas only and shall not be permitted in the backcountry, or on the archery range, parking lot or on the trail system.

(c) Where necessary to prevent or address bear/human interactions or related issues, the park manager may designate all or a portion of a park area where: food, trash and equipment used to cook or store food must be kept sealed in a hard-sides vehicle, in a camping unit that is constructed of solid, non-pliable material, or in a food storage box provided by the park for those persons entering the park in something other than a hard-sided vehicle or appropriate camping unit. This restriction does not apply to food that is being transported, consumed, or prepared for consumption. A hard-sided vehicle is defined as: the trunk of an automobile, the cab of a pickup truck, the interior of a motor home, fifth wheel, camping trailer or pickup camper. A hard-sided vehicle does not include any type of tent, pop-up campers or pickup campers with nylon, canvas, or other pliable materials, car top carriers or camper shells on the back of pickup trucks.

(d) Hunting shall be prohibited.

(e) It shall be unlawful to climb, traverse or rappel on or from rock formations.

(f) Any person 17 years of age or older who is shooting on the field/3D portion of the archery range must obtain and maintain on one’s person a proper and valid daily or annual Cheyenne Mountain Park archery range individual permit.

(g) Public access is prohibited on the archery range from sunset to sunrise.

(h) Any person 16 years of age or younger entering the archery range must be under adult supervision at all times.

(i) Broadheads, crossbows, alcoholic beverages, and firearms, including, but not limited to, BB guns, pellet guns, and air rifles, are prohibited on the archery range.

(j) No dogs or other pets shall be permitted on the archery range.


AS APPROVED - 09/12/2013

Basis and Purpose

Chapter P-1 - Parks and Outdoor Recreation Lands

Basis and Purpose:

These emergency regulations open the newly-created Cheyenne Mountain Park Archery Range to public use. The range contains a static range as well as a field/3D range. An individual permit is required to use the field/3D portion of the range. Corresponding fee regulations are concurrently proposed in Chapter P-7. The range was constructed in accordance with the Cheyenne Mountain State Park 2013 Park Management Plan, and is intended to reflect the synergies of the merged agencies (State Parks and Division of Wildlife). It is intended to offer a new, high-quality outdoor opportunity that is in relatively high demand in the local region.

The Parks and Wildlife Commission FINDS that adoption of this emergency regulation is imperatively necessary to protect the public welfare. Adoption of this emergency regulation will allow Colorado citizens to use the Cheyenne Mountain Park archery range in time to prepare for this fall’s hunting seasons. In addition, the Parks and Wildlife Commission FINDS that adoption of this EMERGENCY REGULATION is necessary to protect the public welfare – that is to allow the public to use a facility in which it has invested in a timely manner.

Further, the Parks and Wildlife Commission FINDS that compliance with the generally applicable requirements for final rule-making under the Administrative Procedure Act is contrary to the public interest. The generally applicable notice and publication requirements for final rules require that at least 20 days notice be given of any final rule-making, that such notice of final rule-making be published by the Secretary of State, and that the final rules be published for 20 days before they become effective. Compliance with these generally applicable notice and publication requirements would in fact prevent the Parks and Wildlife Commission from addressing this immediate need in a timely manner.

The Parks and Wildlife Commission has, to the extent it could, given notice of its emergency rule-making and allowed for public participation in the adoption of the emergency regulation.

Notice of the proposed emergency rule-making was posted at the state capitol, at the Division of Parks and Wildlife headquarters, Regional Service Centers, and Area Service Centers (area offices), indicating that the Parks and Wildlife Commission would consider the emergency regulation at its regularly scheduled meeting on September 12, 2013, and an opportunity to comment was provided to members of the public at that time.

The primary statutory authority for these regulations can be found in §24-4-103, C.R.S., and the state Parks Act, §§ 33-10-101 to 33-33-113, C.R.S., and specifically including, but not limited to: §§33-10-106, C.R.S.

EFFECTIVE DATE - THESE EMERGENCY REGULATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION AND SHALL REMAIN IN EFFECT FOR NO MORE THAN 120 DAYS OR UNTIL PERMANENT REGULATIONS TAKE EFFECT, WHICHEVER OCCURS FIRST, OR THE EMERGENCY REGULATIONS ARE OTHERWISE REPEALED, AMENDED, OR SUPERSEDED.

APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 12th DAY OF SEPTEMBER, 2013.

APPROVED:

John W. Singletary

Chairman

ATTEST:

Mark Smith

Secretary

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