Wyoming Administrative Code Agency 024 - State Parks and Cultural Resources Department
Overview of Wyoming Administrative Code Agency 024
Agency 024 pertains to the Wyoming State Parks and Cultural Resources Department (SPCRD), which is responsible for managing, preserving, and promoting Wyoming’s natural, cultural, and historic resources. The rules under this agency govern how the department operates, including state parks management, cultural and historic preservation, recreation, and public use policies.
Key Areas Covered by Agency 024
State Parks Management
Regulation of activities within Wyoming’s state parks (camping, hiking, boating, hunting, fishing, etc.).
Preservation and maintenance of natural resources in park areas.
Enforcement of park rules including fees, hours, and conduct.
Cultural Resources
Protection of archaeological sites, historic landmarks, and museums.
Procedures for handling artifacts and cultural materials.
Guidelines for cultural resource research permits and public access.
Historic Preservation
Identification and listing of historic properties.
Coordination with federal and local agencies for historic site protection.
Review processes for development projects affecting historic sites.
Permitting and Licensing
Issuance of permits for special events, commercial activities, and resource use.
Rules governing the use of state lands for activities like filming, research, or commercial ventures.
Important Regulatory Themes
Conservation Priority: The regulations emphasize protecting Wyoming’s unique landscapes and heritage for future generations.
Public Access vs. Resource Protection: Balancing public enjoyment with responsible stewardship.
Enforcement: Authority granted to park rangers and department officials to enforce rules, issue citations, and close areas when necessary.
Interagency Cooperation: Coordination with federal agencies such as the National Park Service and tribal governments on cultural resources.
Relevant Case Law Examples
While Wyoming-specific cases interpreting Agency 024 rules are relatively sparse, some broader cases and principles related to state park management and cultural resources provide useful context:
1. Public Use and State Land Management
Wyoming Game & Fish Department v. State ex rel. Wyoming Game & Fish Commission (not an actual case name but illustrative)
This type of case typically addresses the balance between public access to natural resources and state regulatory authority.
Courts often uphold the state’s authority to regulate activities in parks to protect resources, provided the regulations are reasonable and serve legitimate conservation purposes.
Principle: States have broad police powers to regulate state lands, including parks, to protect health, safety, and natural resources. Restrictions on access or activities are generally upheld if not arbitrary.
2. Historic Preservation and Property Rights
Penn Central Transportation Co. v. New York City (1978) (U.S. Supreme Court)
Though a federal case, this landmark decision addresses historic preservation regulations and property rights.
The Court upheld historic landmark regulations as a legitimate exercise of government power, even if they affect property values, as long as they do not amount to a "taking" without compensation.
Principle: Historic preservation regulations under Agency 024, such as restricting alterations to historic sites, are typically valid exercises of the state’s police power.
3. Cultural Resource Protection
Cases involving unauthorized excavation or disturbance of archaeological sites have upheld strict penalties and permitting requirements.
Courts emphasize the importance of protecting cultural heritage and support agency rules requiring permits for research or artifact removal.
Summary
The Wyoming Administrative Code Agency 024 establishes comprehensive rules to manage and protect Wyoming’s state parks, cultural sites, and historic resources. The department’s regulations balance public access with conservation and preservation mandates. Courts generally uphold the department’s authority as long as its regulations serve a legitimate public interest and are applied fairly.
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