Other Permits
A special-use authorization is a legal document such as a permit, term permit, lease, or easement, which allows occupancy, use, rights, or privileges of National Forest System (NFS) land. The authorization is granted for a specific use of the land for a specific period of time.
Obtaining a Permit
It is important to note that not all proponents will receive a permit. Therefore any action taken before receiving a Special Use authorization, such as occupying NFS lands and advertising or expending funds, is premature and against the law.
You will need an authorization:
- If you will need to occupy, use or build on NFS land for personal or business purposes, whether the duration is temporary or long term.
- If there is a fee being charged or if income is derived from the use.
- If an activity involves individuals or organizations with 75 or more participants or spectators.
"Special Uses" provides services supporting our national policy and federal land laws by authorizing uses on National Forest System land. Special uses may involve everything from outfitting & guide activities, ski resorts, lodging, and marinas to energy transmission and development, commercial filming, and much more.
Each year, the Forest Service receives thousands of applications for use of NFS lands and carefully reviews each one. Normally, NFS land is not made available if the overall needs of the individual or business can be met on nonfederal land. Depending on the complexity of the proposal, obtaining a Special Use authorization can sometimes be a lengthy process. As a guide, we have assembled the following information and checklist:
COMMUNICATION SITES PERMITS
Emergency services and public broadcasting/communication services throughout the nation require communications repeaters and towers. These sites are permitted by the National Forest under a special use permit. The locations of these are varied and are usually on high elevation sites. Any time they improve or add to the facilities, a new permit may be required. For more information on this type of permit contact the Cleveland National Forest.
EXISTING USE PERMITS
If you already have a special use permit and intend to make improvements, you may need an "Existing Use Permit." For more information on this type of permit contact the Cleveland National Forest.
COMMERCIAL ROAD USE PERMITS
Using a National Forest System Road for commercial hauling is prohibited without a permit or written authorization. This use restriction applies to all commercial haul activity, not just activity directly related to Forest Service projects or operations
Examples of commercial vehicles that may need a Road Use Permit are logging trucks, tractor-trailer combinations, lowboys, yarders, chip vans, sand, gravel or cement trucks. This list is not all inclusive. Please contact the Cleveland National Forest to obtain a Road Use Permit or written authorization.
Cost Recovery
The Forest Service has modified the fee structure for processing special use permits. The modification is based on Congressional direction to develop a program to improve administration of the agency's special use program. Under the new rule, the Forest Service will collect fees from some permit applicants to recover the costs of processing and administering special use authorizations consistent with recommendations made by the General Accountability Office.
NON-COMMERCIAL GROUP USE
Under the regulation, a "group use" is an activity that involves a group of 75 or more people, either as participants or spectators. "Noncommercial" is any use or activity where an entry or participation fee is not charged, and the primary purpose is not the sale of a goods or service. Some examples of noncommercial group uses are weddings, church services, endurance rides, regattas, camping trips, hikes, music festivals, rallies and graduations.
To obtain a Noncommercial Group Use Permit please fill out a FS-2700-3b form and submit to the Ranger District where you would like to hold your event.
RECREATION RESIDENCES
The Forest Service Recreation Residence program gives citizens the opportunity to own a single-family cabin in designated areas within the National Forests. They are commonly called "summer homes" or "recreation cabins." These privately owned cabins are located within formally established "tracts" on lots designated for that purpose and are authorized and administered under the terms and conditions of a 20-year special use permit. The individual owns the improvements but not the land.
The permit requires the payment of an annual rental fee based upon fair market value of the land, not including improvements, as determined by an appraisal. In addition, cabin permit holders are required to meet:
- Forest Plan standards and guidelines specific to each National Forest
- Forest Service policy direction regarding administration of cabin permits, and
- Historic property requirements (when the cabin is determined to be historic).
Visit the Cabin Use Fee Fairness Act of 2000 (CUFFA), for more information.
Improvement Proposals
Proposals for improvements or changes to your operating plan must be submitted between January 1 and March 30 of the calendar year to be considered for implementation in the following calendar year. Examples of improvements include new windows, siding, decks, sheds or solar panels. This can be done by submitting a Cabin Improvement Proposal form. For septic repair and replacement proposals, please use the Septic Repair/Replacement Form. Please be sure form is complete and all required information is provided. Incomplete proposals will be returned and potentially rejected.
Processing of new authorizations from a sale or transfer will be handled throughout the year, as will health and safety issues such as downed or dead trees and emergency situations. Permit holders will be notified of the District’s decision no later than April 30.
Buying, Selling, and Transferring
Occasionally permit holders wish to sell their improvements and must initiate a transfer of interest. This requires acknowledgement from the local Forest Service representative and the completion of form FS-2700-3a . It is important that a Cleveland NF representative be involved early on during the process, to ensure all regulations and requirements are met. The Forest Service does not handle the sale of recreation residences, nor does it keep track of those that are for sale. This information is best obtained from a local real estate office.
Cabin Fee Act (CFA) is a law, signed by President Obama December 19.2014, in Section 3024 of the National Defense Authorization Act for Fiscal Year 2015, Public Law No. 113-291. The CFA establishes a new method for determining special use fees for the Recreation Residence Program by using a fee table and institutes a transfer fee in the event that a cabin changes ownership.
Transfer Fee
As required by law, the Forest Service shall require a transfer fee in the amount of $1,200 when there is a change in ownership of the recreational residence and a new permit is issued. The transfer fee is expected to take effect and be required as of January 1, 2016. The transfer fee applies whenever a new recreation residence special use permit is issued due to a change in ownership of the cabin. Formal transfers initiated on or prior to December 31, 2015 are not subject to the transfer fee identified in 16 USC 6214 (h).
In order to transfer a permit into a trust for a new owner or family member and avoid the transfer fee, a request needs to be received in writing prior to December 31. These transfer requests will be processed without the fees if the required forms are completed and received by Forest Service by close of business January 15.
Descanso District Operating and Maintenance Plan
Expiration of the Permit
The Cleveland National Forest cannot guarantee that a new Special-Use Permit will be reissued at the end of the stated term. If the permit is not renewed, permit holders will be notified and required to remove all improvements, restoring the area to its original condition at his or her expense.
Important Conditions
Some of the more important conditions included in recreation residence permits are as follows:
- Special-Use Permits for recreation residences are for recreation use only. They may not be used for a primary place of residence. A permit holder must have a primary residence elsewhere.
- Commercial use of, or conducting business from a recreation residence is prohibited.
- The area covered by the Special-Use Permit, including the improvements, must be maintained in good repair. Improvements are inspected periodically to ensure compliance with the terms of the permit.
- Observance of all federal, state, and county laws and ordinances is a condition of the permit.
- Permit holders pay an annual rental fee for the privilege of using the area covered by the permit. Counties tax the improvements as personal property.
ALL OTHER SPECIAL USES
Botanical Collecting Permits
If you are interested in collecting plant materials from the Cleveland National Forest, please be advised of the following:
- Requests should be submitted at least 8 weeks in advance, but no later than January 15th, for spring collection due to the large number of requests.
- No commercial collecting allowed. For all requests, include a copy of the study design, list of requested species, quantities, and a map of proposed collecting locations.
- Collection requests should be submitted via email or hard copy to the Forest Botanist at the Supervisors Office.
Other
For all other special uses not mentioned above, please use Form SF-299 and submit this form to your to the local permit administrator on the Ranger District .