§ 36-2-107 — Rules and regulations; general penalty for violations; enforcement

Wyoming § 36-2-107

• Jurisdiction: Wyoming
• Title 36: Public Land
• Ch. 2: BOARD OF LAND COMMISSIONERS
• Art. 1: IN GENERAL

Text

(a) The board shall have the power and authority to
promulgate and adopt rules and regulations not inconsistent with
the laws of the state, as it may from time to time deem
necessary in the direction, control, disposition and care of all
state lands, and to preserve the value of the land and to
recognize the fiduciary duties of the state land office. Rules
adopted under this subsection shall provide that weed and pest
control on all state lands be coordinated with and managed by
the department of agriculture pursuant to the Wyoming Weed and
Pest Control Act.
(b) Any person who knowingly violates any provision of
this subsection is guilty of a misdemeanor and shall be fined
not more than seven hundred fifty dollars ($750.00), imprisoned
for not more than six (6) months, or both. In addition, any
person found guilty under this section may be ordered to pay
restitution to the board for actual pecuniary damage resulting
from the illegal actions of the person. Restitution may be
excused if a court finds that the defendant has no ability to
pay. In determining the amount of restitution under this
subsection, the court shall consider, and include as a special
finding, the reasonably foreseeable actual pecuniary damage that
has or will result from the illegal activities of the defendant.
Any restitution received under this subsection shall be
deposited into an account designated by the board for use to
restore the rights and property of the board. The acts
prohibited under this subsection are:
(i) Damaging state lands under circumstances not a
violation of W.S. 6-3-201;
(ii) Using a motor vehicle on state lands off an
established road as defined by the board or on a road closed by
the board;
(iii) Charging for or receiving payment for purposes
of allowing persons to engage in hunting, fishing or any other
recreational use of state lands, unless the payment is collected
pursuant to a lease or temporary use permit issued by the state;
(iv) Building, maintaining, using or attending an
open fire, campfire or charcoal grill on state land except in
areas established by the board;
(v) Camping overnight on state land except in areas
established by the board;
(vi) Violating any lawful order issued by the board
pursuant to W.S. 36-2-101 to protect state lands and assets from
resource damage; and
(vii) Violating any lawful order issued by the board
closing state lands for the purpose of protecting public health
and safety.
(c) Any peace officer as defined in W.S. 7-2-101 shall
have the authority to enforce this section on state lands. Any
game and fish department law enforcement personnel qualified
pursuant to W.S. 9-1-701 through 9-1-707 shall have authority to
enforce this section to the extent that there is no diminishment
in federal funds provided for under W.S. 23-1-601 and 23-1-602.
(d) The provisions of subsection (b) of this section shall
not apply to the actions of any person acting pursuant to the
terms of a valid lease, authorization or permit issued by the
board.