Special Use Permits

The Chattahoochee-Oconee National Forest has implemented an Open Season Process for Outfitting and Guiding, Recreation Event, and Research special use permits.

Applications should be submitted within application periods as follows:

• August 1 through August 31 for the  spring and summer season (those occurring between January 1 - June 30)
• February 1 through February 28/29 for the  fall and winter season (those occurring between July 1 - December 31)

Year-round and multi-year applications may be submitted in either open season. Applications may be submitted in an earlier than required open season. Applications for renewal of existing permits should apply within an applicable open season period.

Applicants are  not required to wait for an open season period to  contact a permit administrator with questions on use areas, special uses process, open season requirements, etc.

Q: Why has the process changed?
A: National Forest System lands provide public value and unique opportunities for many outdoor recreation and research activities. The new way of doing business with an open season allows the U.S. Forest Service to meet customer needs in a more efficient manner while responding to an increasing number of requests for special use permit authorizations within budget constraints.

Q: Can applications be submitted outside the open season?
A: Applicants are  not required to wait for an open season period to ask questions of a permit administrator. If you have any questions about the permitting process, open season requirements, useable areas, etc., please reach out to the applicable district to be directed to the permit administrator.

Q: What is the processing timeline?
A: Open season application periods are open for one month. After each open season application period ends, special uses administrators will review all received applications and contact applicants within 30 days. Those who apply in August will be contacted by September 30 and those who apply in February will be contacted by March 31 to discuss acceptance of their application.

Accepted applications will be processed meeting federal requirements. Most applications are expected to require 2-3 months of processing but could take up to 6 months. Once application review is complete, applicants will be notified of approval, denial, or modifications required. The below graphic has been created to assist with understanding the Open Season Processing Timeline.

Image

Q: What documents am I required to submit as part of my application?
A: Please refer to the Open Season Handout downloadable below or the individual page in the "Types of Special Use Permits" section below for application requirements.

Open Season Handout

Special Use Authorization
A legal document such as a permit, term permit, lease, or easement, which allows occupancy, use, rights, or privileges of National Forest System lands. The authorization is granted for a specific use of the land for a specific period of time.

We issue most Special Use Authorizations through Special Use Permits.

Fully Executed Permit and Permit Holder
A fully executed permit is a Special Use Authorization that has been signed by an Authorized Representative of the applicant and an Authorized Officer of the U.S. Forest Service. The permit holder is the person or persons approved in the Special Use Authorization.

Authorized Officer
The agency representative responsible for accepting the proposal and approving or denying the application. For most requests, this will either be the relevant District Ranger or the Forest Supervisor.

Proposal and Proponent
Proposals are a request to occupy and/or use National Forest System lands or related waters that are initiated by entities other than the Forest Service. Proponents are the person or persons making said proposal.

Application and Applicant
Applications are proposals that have passed initial and second-level screening criteria as established in 36 CFR 251.54(e) and have been accepted by an Authorized Officer. Applicants are the person or persons making a proposal that has been accepted as an application.

Cost Recovery
The assessment and collection of fees from applicants for and holders of special use authorizations to cover administrative costs incurred by the Forest Service in processing their special use applications and monitoring their special use authorizations for compliance with their terms and conditions. Cost recovery fees are not land use fees, which are charged for the use and occupancy of National Forest System lands. Cost recovery applies to all special use applicants with the exemption of non-commercial group use and recreation special use applications requiring less than 50 hours of processing.

NEPA
The National Environmental Policy Act of 1969 (NEPA) requires that each application be reviewed internally by Forest Service resource specialists, externally by other affected agencies, and also requires public involvement. The level of NEPA varies depending on complexity of the proposed action, ground disturbance, unusual circumstances, environmental laws, cumulative effects, threatened and endangered species, social impacts, water quality, invasive species, and more.

A permit is required when you are asking for special privileges on National Forest land. Examples include gatherings of 75 people or more, operating a business such as an outfitting or guiding service, using the Forest for financial gain, occupying a recreation residence, and commercial filming. The use may be for a one-day event, such as a wedding or bicycle race, or for up to 40 years, such as a tourism resort permit.

A Special Use Permit will be required if:

• You will need to occupy, use, or build on National Forest lands for personal or commercial purposes, whether the duration is temporary or long term;
• You will be charging a fee or deriving income from the use of National Forest lands; or
• You are planning an activity on National Forest land that will involve 75 or more individuals.

A  commercial recreational use or activity is defined as "Any use or activity on National Forest System lands (a) where an entry or participation fee is charged, or (b) where the primary purpose is the sale of a good or service, and in either case, regardless of whether the use or activity is intended to produce a profit." (36 CFR 251.51)

Examples of commercial and activities include, but are not limited to, animal, bicycle, motocross, or triathlon races; jeep rallies; dog trials; fishing contests; rendezvous; adventure games; youth treks; wagon trains; concerts; and other similar events. A permit is required for these type of events, regardless of the number of people involved in the activity.

A  non-commercial recreational use or activity is any use or activity on National Forest lands where no entry or participation fee is charged and where the primary purpose is not the sale of a good or service. Examples of non-commercial activities include club or family recreation outings, reunions, and weddings. A permit is only required for noncommercial activities that involve 75 or more individuals.

• Name and Address - Include the full name(s) to be used. If the application includes real property, the name(s) on the legal document must match the application.
• Applicant's Agent - This person must be at least 21 years old and may or may not be the same as the applicant. Documentation should be included to verify that this person may sign on behalf of the applicant.
• Project Description - Include enough detail to enable the Forest Service to determine feasibility, environmental impacts, benefits to the public, the safety of the request, lands to be occupied or used, and compliance with applicable laws and regulations.
• Environmental Protection Plan - Include proposed plans for environmental protection rehabilitation during construction, maintenance, removal, and reclamation of the land.
• Map - Provide a detailed map (U.S. Geological Survey quadrangle or equivalent) or plat (survey or equivalent) showing the requested use in relation to National Forest System land, identification of applicant's (if applicable), scale, map, legend, legal description, and a north arrow.
• Technical and Financial Capability - Provide documentation to assure the Forest Service you are capable of constructing, operating, maintaining, removing the use off National Forest System land, and reclaiming the land after the authorization terminates.
• Alternatives - You must first consider using nonfederal land. Lower costs or fewer restrictions are not adequate reasons for use of National Forest System lands. Provide alternative locations for the proposal in your application.

Begin your Special Use Permit application by contacting  the District Office that oversees the area you wish to have your activity. District staff will provide you with guidance and specific application instructions as related to your intended use of National Forest lands.

The Chattahoochee-Oconee National Forest has an Open Season Process for Outfitting and Guiding, Recreation Event, and Research permits. Please see the Open Season Requirements FAQ below for more information.

Applicants for special-use permits should note that the permitting process is time-consuming, may require multi-step National Forest Management Act analysis and National Environmental Policy Act (NEPA) documentation, and ultimately may not be approved. At a minimum, these proposals should: be consistent with Forest Plan management area objectives, standards, and desired future conditions; be consistent with other applicable Federal, State, and local statutes and regulations; and not be undertaken on National Forest land if they can be reasonably accommodated on private land.

Most permit applications require at least 90 days to be processed. Please note that any action taken before receiving a Special Use Permit, such as occupying National Forest lands and advertising or expending funds, is premature and at the your own risk.

Applications will be granted if they meet the following eight evaluation criteria (for details on the eight criteria, particularly on criteria 5 and 6, review the Code of Federal Regulations at 36 C.F.R. 251.54 (h)(1)):

• Authorization of the activity is not prohibited by rules or orders that apply to the national forests or by federal, state, or local law related to the content of activity.
• Authorization of the activity is consistent or can be made consistent with standards and guidelines in the forest plan that apply to the area where the activity will take place.
• The activity does not materially impact the characteristics or functions of environmentally sensitive resources or lands.
• The activity will not delay, halt, or prevent administrative use of an area by the Forest Service or other scheduled or existing activities on National Forest System lands.
• The activity does not violate state and local public health laws and regulations applicable to the site proposed for the activity.
• The activity will not pose a substantial danger to public safety.
• The activity does not involve military or paramilitary training or exercises by private organizations or individuals, unless such training or exercises are federally funded.
• A person (or persons) 21 years of age or older has been designated to sign and do sign a permit on behalf of the applicant.

If your application is denied and an alternative time, place, or manner will allow you to meet all the evaluation criteria, the Forest Service will offer that alternative.

Cost Recovery Fees: An assessment of fees to recover agency processing costs for special use applications and monitoring costs for special use authorizations. These fees are separate from any fees charged for the use and occupancy of National Forest System lands.

Land Use Fees: This is an annual rental fee based on the fair market value for the uses authorized and is payable in advance. Fees are established by appraisal or other sound business management principles.

Other Associated Costs: You may be responsible for providing information and reports necessary to determine the feasibility and environmental impacts of your proposal; compliance with applicable laws and regulations; and terms and conditions to be included in the authorization.

Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, or national origin in programs or activities that receive Federal financial assistance. The U.S. Forest Service non-discrimination policy includes the following requirements for all permit holders.

1. Permit Holder and employees shall not discriminate by segregation or otherwise against any person on the basis of race, color, sex (in educational activities), national origin, age or disability, by curtailing or by refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally and that the holder and employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended, section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments, and the Age Discrimination Act of 1975.
2. Holder shall include and require compliance with the above nondiscrimination provisions in any third-party agreement made with respect to the operations under this permit.
3. Signs setting forth this policy of nondiscrimination to be furnished by the Forest Service will be conspicuously displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the Forest Service.
4. The Forest Service shall have the right to enforce the foregoing nondiscrimination provisions by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs.
5. Public notification of nondiscrimination policy:
   1. The following nondiscrimination policy shall be posted in the Holder’s office where visible to clients and employees. The nondiscrimination statement shall also be included (in full) on all printed and electronic materials that are produced for public distribution or information:
   2. “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)
   3. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information is also available in languages other than English.
   4. To file a complaint alleging discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at  www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office or write a letter addressed to USDA and provided in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (a) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (b) fax: (202) 690-7442; or (c) email: program.intake@usda.gov.”

While all permittees are required to follow the above non-discrimination policy, various multi-year permittees are selected each year for checking Title VI compliance. If selected, a special use permit administrator will reach out to the authorized holder of the permit between August and December to provide the required forms and set a day to meet.

The proponent, applicant, or permit holder understands and acknowledges that no operations, including advertising, can commence until all documentation, payments, etc., have been received by the Forest Service, approved by the Authorized Officer, and the Permit is issued prior to the operating season. The permit will not be issued until all the requested documents have been submitted to the permit administrator.

All advertising media (websites, social media, brochures, fliers, radio, television, etc.), associated with your Special Use Authorization will include the following statements verbatim:

• Operation on National Forest System lands are authorized under special use permit by the Chattahoochee-Oconee National Forest.
• The U.S. Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. To file a complaint of discrimination, write USDA Director, Office of Civil Rights, Room 326-W, Whitten building, 1400 Independence Ave SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider, employer, and lender.

The following insurance guidelines are provided to show why insurance requirements are necessary and how the Certificate of Insurance needs to be prepared to meet the agency direction.

• The Permit Holder is required to indemnify the United States against any liability for damage to life or property arising from the occupancy or use of National Forest System Lands.
• The Permit Holder is required to have the insurance company name the United States as an additionally insured party. The insurance policy shall list in the certificate holder box. United States, c/o, U.S. Department of Agriculture, Forest Supervisor, Chattahoochee-Oconee National Forest, 1755 Cleveland Highway, Gainesville, GA 30501
• A Certificate of Insurance must be presented to the Forest Service on an ACORD 25 form before a Special Use Permit will be issued. The Certificate of Insurance is not required at time of application. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of a permit and each year thereafter that the permit is in effect. The Authorized Officer may require that a copy of the insurance policy be furnished before the permit is issued

• The following acceptable additional insured clause  shall be shown verbatim  on the face of the Certificate of Insurance or Binder and, as a clause or an endorsement in the insurance policy:

  “It is understood and agreed that the United States Government is additional insured solely as respects liability arising from operations of the named insured.”

  In addition, the following 30-day clause is also mandatory and shall be shown verbatim on the Certificate of Insurance as well as in the insurance policy:

  “The holder shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the insurance policy”.

  The insurance policy shall list in the certificate holder box:
  United States Government
  U.S. Department of Agriculture, Forest Service
  Chattahoochee-Oconee National Forest
  1755 Cleveland Highway
  Gainesville, GA, 30501

  If the clauses are not on the Certificate of Insurance in verbatim and are not in the insurance policy or on an endorsement as stated above, a Special Use Permit will not be issued.

• Amount of insurance required: depends on the degree of risk involved. The Forest Representative administering the special use permit will inform the prospective permittee of the required liability coverage.

Minimum Insurance Required 

Contact a Forest Service office and request an application or download an application posted here on this website.

Prior to submitting this proposal, arrange a pre-application meeting at the local Forest Service office where the use is being requested. A staff member will discuss your proposal, potential land use conflicts, application procedures, qualifications, probable time frames, fees, bonding requirements, additional coordination with other agencies, environmental reports, and field reviews.

Most commercial uses (where the proponent intends to make use of National Forest System lands for business or financial gain) require additional information. You may need to submit business plans, operating plans, liability insurance, licenses/registrations, or other documents with the application. See individual permits types in the "Types of Special Use Permits" section below for additional documentation required.

Complete and submit the application, including supporting documents, to the local Forest Service office. An incomplete proposal could delay processing.

Proposals submitted orally or in writing are initially screened to determine if they qualify for further consideration according to the criteria listed in the FAQ "What will the Forest Service consider in evaluating my application". If the proposal fails to meet any of the initial screening criteria, it will be rejected without further consideration.

If a proposed use passes initial screening, the Forest Service will provide the proponent with guidance on how to proceed with the approval process, including information concerning potential land use conflicts, processing timeframes, environmental and management concerns, administrative fees, anticipated fees, anticipated land use rental, and approvals that must be obtained from other Federal, state, or local agencies. The proponent is responsible for providing studies or other documentation needed by the authorized officer to complete the environmental analysis process and is also responsible for costs incurred in obtaining that information.

The proponent may be asked to submit additional information to allow for the Forest Service to further consider the proposed use, such as identification of other Federal, state, and private lands affected by the proposed use and any other agencies that have licensing or regulatory authority over the proposed use; identification of the resource affected, anticipated improvements, and method of operation when construction is complete; or construction phases and their estimated starting and completion dates.

A proponent must provide sufficient information about a project or activity to enable the authorized officer to determine its feasibility, location, public benefits, and other contributing information to determine if the proposal meets the following criteria:

1. Proposed use is consistent and compatible with the purposes for which lands are managed, or with other uses.
2. Proposed use is in the public interest.
3. Proponent is qualified.
4. Proponent has or can demonstrate the technical or economic feasibility, or financial or technical capability to undertake the use and comply with the terms and conditions of the authorization.
5. There is a person or entity to sign and/or willing to accept responsibility for the authorization.

The Forest Service shall reject any proposal that fails to meet the second-level screening criteria and will return the proposal to the proponent with a written explanation of the rejection. The Forest Service may reconsider proposals when the deficiencies identified in the original screening process have been corrected to the satisfaction of the authorized officer.

Rejection of proposals is not subject to administrative appeal under 36 CFR 214 or 251, and does not constitute a proposed action pursuant to 36 CFR 251.54(e)(6) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).

If the second-level screening criteria are met, the Forest Service will notify the proponent that the agency is prepared to accept a written formal application for further evaluation. As appropriate, the Forest Service will provide additional guidance and information at this time, including identification of the Agency's procedures for processing the application and estimated time requirements.

If the proposal is subject to Cost Recovery fees, the proponent will be billed cost recovery (see Cost Recovery definition in the Definitions section above). This bill must be paid before the proposal may be accepted as an application.

The proposal is now accepted as a formal application and is considered a proposed action that must be analyzed for site-specific environmental and social effects in accordance with the requirements of the National Environmental Policy Act of 1969, its implementing regulations, and agency NEPA procedures (see NEPA definition in the Definitions section above).

Once NEPA analysis is complete, the Forest Service will notify the applicant of authorization, necessary modifications, or denial. If authorized, the Forest Service will provide the applicant with a Special Use Authorization for their review and signature. At this time, the Special Use Authorization is not finalized as it must also be signed by the Authorized Officer.

Applicants must provide the signed Special Use Authorization to the permit administrator. If required by the permit, applicants must also provide insurance documentation with the U.S. Forest Service indemnified (see Insurance Requirements in the FAQ section above).

Once all required documentation has been provided, the Authorized Officer will sign the Special Use Permit making it a Fully Executed Permit. The applicant becomes a permit holder as a copy of the Fully Executed Permit is provided to them.