Event-Commercial Permits
Event/Commercial 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 agency land. The authorization is granted for a specific use of the land for a specific period of time.
You will need a special use authorization if:
1. 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.
2. If there is a fee being charged or if income is derived from the use.
3. If an activity on NFS land involves individuals or organization with 75 or more participants or spectators.
Typical uses authorized include outfitting and guiding, commercial filming, communication sites, roads or utility lines, large gatherings, and more. Depending on the complexity of the proposal, obtaining a special use authorization can sometimes be a lengthy process. In order to facilitate the process, coordinate early with the District where you would like to operate.
Contact sm.fs.KNF_SpecUses@usda.gov or your local Forest Service Office for more information about Special Use Permits.
For more information about common types of permits, application requirements, and associated fees, click the links below:
The Klamath National Forest has much to offer for locals and visitors year round, from hunting and rafting to snowmobiling and paragliding. Outfitters and guides play a vital role in helping provide these experiences and fulfill the agency’s mission – caring for the land and serving people. A special use permit is required in advance of operating on National Forest System lands. The Forest Service regulates outfitting and guiding operations to provide safe conditions for the public and to protect natural resources. Permit holders are authorized to conduct business in specific forest areas, with an approved operating plan, and are required to provide proof of liability insurance. It is the outfitter or guide’s responsibility to verify land ownership and obtain proper authorization for use. Outfitting and guiding without a special use permit is prohibited.
Commercial Outfitting and Guiding is a use that occurs on National Forest System lands where:
Where an entry or participation fee is charged, or
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).
Definitions
Guiding - Providing services or assistance (such as supervision, protection, education, training, packing, touring, subsistence, transporting people, or interpretation) for pecuniary remuneration or other gain to individuals or groups on National Forest System lands. The term "guide" includes the holder's employees and agents.
Outfitting - Renting on or delivering to National Forest System lands for pecuniary remuneration or other gain any saddle or pack animal, vehicle, boat, camping gear, or similar supplies or equipment. The term "outfitter" includes the holder's employees and agents.
Objective of Outfitting/Guiding
Provide for outfitting and guiding services that address concerns of public health and safety and that foster successful small businesses consistent with the applicable land management plan.
Facilitate greater participation in the outfitting and guiding program by organizations and businesses that work with youth and educational groups.
Encourage skilled and experienced individuals and entities to conduct outfitting and guiding activities in a manner that protects environmental resources and ensures that national forest visitors receive high-quality services.
When Permits Are Required
Individuals or entities conducting outfitting or guiding activities on National Forest System lands shall be authorized under a special use permit.
Outfitters based off National Forest System lands who rent and deliver equipment or livestock to the public on National Forest System lands shall obtain a permit if they, their employees, or agents occupy or use National Forest System lands or related waters in connection with their rental programs.
For example, a permit is required if a boat livery operator provides service, including delivery or pickup of boats, at sites on National Forest System lands.
No permit is necessary if an operator's customers transport rented equipment to and from National Forest System lands or if services are provided to Forest Service employees, Forest Service contractors, or other Federal officials in the course of their official duties.
When Permits are Not Required
If the operator’s customers transport rented equipment to and from the NFS lands.
If an operation serves Forest Service employees, Forest Service contractors, or other Federal officials in the course of their official duties.
How to Apply
Review the Intro to USDA Forest Service Recreation Special Uses document, then contact the Klamath National Forest Supervisor's Office for application materials. Applicants should review the page Requirements for All Guides to prepare for this process.
Most commercial uses require additional information with the application. Be prepared to present any of the following documents at the request of your permit administrator:
Licenses/registrations, such as business licenses and hunting/fishing licenses
Operating plan (a template will be provided by your permit administrator)
A guide list with employees
Proof of adequate insurance
Proof of adequate training when services are provided to minors
Applications must be submitted at least 45 days prior to the start of your season to be considered.
Be aware that a Special Use Authorization is not a business license and additional steps must be taken to legally operate a business in the State of California. Only businesses operating legally under all federal, state, and local laws and regulations are able to hold valid Special Use Authorizations.
State and Federal small business resources include:
CalGold, allows you to search by location and activity to see state permit requirements. Use "General Business Information" if outfitting/guiding is not a listed "Business Type."
Your permit administrator is not a business advisor and cannot provide further information outside of Forest Service policy.
Recreation residences have existed since before the turn of the century, when national forests were reserves and were administered by the General Land Office in the U.S. Department of the Interior. The first lots were authorized by the Forest Management Act of June 4, 1897, also known as the "Organic Act" to encourage public recreation. In 1968, in recognition of other recreation needs, the Forest Service decided against establishing any additional new tracts. In 1976, this moratorium was expanded to include no development of new lots within existing tracts.
The Forest Service Recreation Residence program gives private citizens the opportunity to own a single-family cabin in designated areas on the National Forests. They are commonly called "summer homes" or "recreation residences". These privately owned cabins (improvements) are located within formally established "tracts" on "lots" designated for that purpose and are authorized and administered under the terms and conditions of a special use authorization (permit). The individual owns the improvements but not the land.
Occasionally permit holders sell their improvements. The Forest Service does not handle the sale of recreation residences, nor does it keep track of those that are for sale. For more information on this type of permit, contact your local ranger district.
The Cabin Fee Act (CFA) of 2014 establishes the current method for determining special use fees for the Recreation Residence Program by using a fee table and institutes a transfer fee in the event the cabin changes ownership.
Forest Service Handbook 2709.11 Chapter 40, Recreation Residence
What are recreation residences?
Recreation residences are privately-owned homes located on National Forest lands. The land or lot is not sold by the U.S. Forest Service but is permitted for recreational use and occupancy through a federal license, most commonly referred to as a special use permit. Recreation residences are maintained by the occupant (permit holder) for personal, family, and guest enjoyment but are not approved for either commercial use or as a permanent residence. The Klamath National Forest has a variety of recreation residences currently permitted; however, no new recreation residence will be permitted.
How do you own a recreation residence?
A special use permit is required to own a recreation residence on National Forest lands. Special use permits for recreation residences may be issued to an individual, spouses, or a trustee of an approved trust. The recreation residence may be bought and sold. If there is a change of ownership, the special use permit will be terminated and reissued to a new holder. The special use permit administrator for each ranger district can provide the required form for an ownership change and discuss other requirements for reissuance. The Forest Service does not release the names and addresses of the recreation residence owners and does not maintain lists of residences on the market. If you have purchased a recreation residence, you will be required to pay a transfer-of-ownership fee as dictated by the Cabin Fee Act (CFA) signed into law in 2014. It is the sole responsibility of the cabin owner to contact the Forest Service upon purchase to apply for a special use permit and pay the transfer of ownership fee. As of July 2022, the transfer-of-ownership fee is currently $1329.
What is included in my recreation residence special use permit?
The recreation residence special use permit includes standard Terms and Conditions and an Operations and Maintenance Plan that provides guidelines, standards and restrictions for ownership and maintenance of the recreation residence and permit area.
Can I renovate my recreation residence?
Under your permit and operating plan, you are responsible for keeping the cabin neat, in good repair, and in compliance with Forest Service regulations and all local, county, state, and federal codes and laws. You also are responsible to maintain the area 30 feet around the cabin free of any dead vegetation, including pine needles, fallen dead branches, dead grass, etc.
In addition, many of the recreation residences have been determined to be eligible for nomination within a historic district. Therefore, any proposed change to the exterior of all recreation residences must be approved by the U.S. Forest Service within the relevant historic guidelines. Review Recreational Home Historic Character Guide (2014) for more information.
Contact your local Forest Service unit if you want to perform renovations on your recreation residence. Be prepared for the review process to take several months. Major renovations need administrative, environmental and historical review.
What are the fees?
Recreation residence permit holders must pay an annual land use fee. This fee is in addition to the one-time transfer-of-ownership fee. The Cabin Fee Act (CFA) outlines the fee schedule dictating the annual amount due. Fees increase based on yearly inflation adjustment as required by law.
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 land. The authorization is granted for a specific use of the land for a specific period of time. Lands special use authorizations can include water transmission, telecommunication, and the granting of road and utility rights-of-ways.
How do I apply for a special use authorization?
To begin the process, proponents are responsible for completing and submitting an Application Form SF299 to the District Special Use Permit Administrator. Before completing the Application Form, the applicant should completely review the form and schedule a pre-application meeting with the District Special Use Permit Administrator. District Special Use Permit Administrator will provide Application Form and instructions whenever specific plans or survey maps are required. The U.S. Forest Service carefully reviews each application to determine how the request affects the public's use of National Forest lands and potential resource impacts. National Forest lands are not made available if the overall needs of the individual or business can be met on nonfederal lands.
How long will it take?
The length of time that it takes to issue a Special Use Authorization depends on a number of factors including:
- The type and scope of the activity
- Whether structures are proposed
- The anticipated environmental impacts and resultant level of analysis and public involvement required
- Whether or not there are appeals or legal actions contesting the permit issuance = Coordination with appropriate agencies The best way to ensure you receive a timely permit is to start as early as possible and contact the District Special Use Permit Administrator to assess processing time.
What are the fees for a special use authorization?
There are yearly land use fees charged to the holder of a Special Use Authorization. In addition, the Special Use Authorization may require an upfront cost recovery fee to cover administrative, processing, and monitoring costs for activity.
What are cost recovery fees for a special use authorization?
Cost recovery fees cover the administrative costs incurred by the U.S. Forest Service to process a special use application or to monitor during implementation of a Special Use Authorization. The fee does not apply to non-commercial group use and recreation special use applications that require less than 50 hours to process. Fee determination is based on an estimate of the number of hours U.S. Forest Service personnel will spend on work necessary to process an application and to monitor the implementation of a project. That estimate will be applied to the corresponding category and rate in the appropriate processing or monitoring fee schedule. For processing and monitoring requirements of less than 50 person hours, there is a fee schedule. A Cost Recovery Agreement for actual hours will need to be entered into by the proponent for processing and monitoring requirements over 50 hours.
Are there additional state and local requirements for a special use authorization?
If the activity necessitates occupancy, use, rights, or privileges on adjacent private property, any authorizations needed from these agencies, companies, or individuals must be obtained prior to U.S. Forest Service permit issuance. If construction includes any structures, county approval and licensing is required.
Recreation special use permits are authorizations issued by the Forest Service to conduct commercial recreation activities on National Forest system lands. 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. (36CFR 251.51)
Recreation events are usually short term in nature and can include organized events such as animal, running, biking races; dog trials; fishing contests; adventure games; and fairs.
Applications should be submitted at least 45 days prior to the start of the event. Submit an application and operating plan to sm.fs.KNF_SpecUses@usda.gov. More information about requirements can be found below.
Insurance and bonds
A specific legal entity must be identified as the permit holder. A performance bonds may be required when needed to ensure return of the site to a satisfactory condition. Permit holders are required to furnish or arrange for appropriate liability insurance, law enforcement, crowd control, safety, and sanitation.
Waivers and acknowledgement of risk forms
Insurance companies often require that their policy holders use Waivers of Liability and/or Acknowledgement of Risk forms. Even when not an insurance company requirement, special use authorization holders frequently require that their customers sign one or both of these forms before participating in an activity provided by the holder. The Klamath National Forest will be complying with the following policy direction:
Appropriately worded Acknowledgement of Risk forms
Insurance companies often require that their policy holders use Waivers of Liability and/or Acknowledgement of Risk forms. Even when not an insurance company requirement, special use authorization holders frequently require that their customers sign one or both of these forms before participating in an activity provided by the holder. The Klamath National Forest will be complying with the following policy direction:
Appropriately worded Acknowledgement of Risk forms required by insurance companies or special use authority holders are acceptable. Do not permit use of Waiver of Liability forms except for high-risk recreation events, such as enduros, road rallies, equestrian events, hang-gliding contests, and so forth. Many of the forms used for these purposes are unacceptable, because they would have the participant release the U.S. Government from liability for its own negligence. This conflicts with the intent of Congress in the Federal Tort Claims Act, which makes the Federal Government liable for the negligence of its officers and employees acting within the course and scope of their employment. Additionally, these forms may be at variance with state law. We will not be allowing these forms for guiding where there is a guide in full custody and control of their clients.
Fees
Event Fees The fee is five percent (5%) of adjusted gross receipts (gross revenue less cost to holder of prizes awarded) for one-time events and three percent (3%) for multiple events under a single permit.
If the permit takes more than 50 hours to process or monitor, Cost Recovery fees apply. The cost recovery fee covers the administrative and personnel costs associated with issuing the permit. The permit administrator will provide more information on cost recovery fees if applicable.
The Forest Service authorizes the use and occupancy of National Forests and Grasslands for communications facilities (towers, equipment shelters, and ancillary improvements) and fiber optic cable, which provide critical communications services to rural and urban communities alike.
Communications uses located on national forests and grasslands are an integral part of the nation’s telecommunications infrastructure. The authorized infrastructure on national forests and grasslands includes over 8,000 miles of fiber optic cable and supports over 10,000 wireless uses for federal, state and local governments, emergency services, railroads, utility companies, and private communications companies and individuals for personal communications, and television and radio broadcast uses.
For more information about communications uses:
Forest Service Contacts
- National and Regional Contacts (.pdf, 285 KB)
Communications Site Map Viewer
Forms
- SF-299, Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property (.pdf, 787 KB)
- FS-2700-4, Special Use Permit (.pdf, 118 KB)
- FS-2700-10, USDA Forest Service Technical Data Sheet (.pdf, 54 KB)
- FS-2700-10a, Facility Owner and Occupant Inventory of Communications Uses (.pdf, 131 KB)
- FS-2700-10b, Communications Use Lease (.pdf, 112 KB)
- FS-2700-10c, Communications Use Permit for Federal Entities (.pdf, 94 KB)
Applicable Laws
- Granger-Thye Act of April 24, 1950 (.pdf, 153 KB)
- Federal Land Policy and Management Act of 1976 (.pdf, 1.2 MB)
- Telecommunications Act of 1996 (.pdf, 239 KB)
- Middle Class Tax Relief and Job Creation Act of 2012 (.pdf, 380 KB)
- Consolidated Appropriations Act, 2018 (.pdf, 2.3 MB)
- Agriculture Improvement Act of 2018 (.pdf, 1.4 MB)
Forest Service Regulations
Forest Service Directives
- Forest Service Manual 2700
- Chapter 2710 - Special Use Authorizations
- Chapter 2720 - Special Uses Administration
- Forest Service Handbook 2709.11
- Chapter 10 - Application and Authorization Processing
- Chapter 20 - Cost Recovery
- Chapter 30 - Fee Determination
- Chapter 40 - Special Uses Administration
- Chapter 90 - Communications Site Management
- Forest Service Handbook 1909.15
- Chapter 10 - Environmental Analysis
- Chapter 20 - Environmental Impact Statements and Related Documents
- Chapter 30 - Categorical Exclusion from Documentation
Partner Agencies
Most visitors enjoy "non-commercial" activities on their National Forests such as camping, picnicking, fishing, family reunions, meetings, rallies, birthday parties and wedding parties. In general, special use permits are not required for these types of non-commercial recreational uses. However, permit is required for all noncommercial group uses involving 75 or more people, either as participants or spectators.
Is my event commercial or noncommercial group use?
A noncommercial group use is any activity on National Forest System lands "That involves 75 or more people, either as participants or spectator, where an entry or participation fee is not charged; and where the primary purpose is not the sale of a good or service" (36 CFR 251.51).
Review the following requirements for noncommercial group use:
- No entry or participant fee is charged
- Under most circumstances guides and leaders are not paid or compensated
- No sale of goods or services on National Forest lands, and
- No money is charged for a "good or service" beyond a bona fide sharing of direct costs.
- Fees or donations may be charged for direct costs (food, transportation), if the fees are based on bona fide cost sharing, and any excess fees are returned to participants.
How do I apply?
If your event meets the above qualifications, and meet the eight qualifications of a special use permit, fill out an application and submit it to your local Forest Service office. Please submit applications at least five days prior to your event.
To find more information about commercial group use, see our Recreation Event page.
What does an authorized officer look for when reviewing an application?
The following eight criteria must be met for non-commercial group use requests:
1. Authorization of the proposed activity is not prohibited by 36 CFR part 261, Subpart A; by an order issued under 36 CFR part 261, Subpart B; or by Federal, State, or local law unrelated to the content of expressive activity.
2. Authorization of the proposed activity is consistent or can be made consistent with standards and guidelines in the applicable Forest land and resource management plan required under the National Forest Management Act and 36 CFR part 219.
3. The proposed activity does not materially impact the characteristics or functions of the environmentally sensitive resources or lands.
4. The proposed activity will not delay, halt, or prevent administrative use of an area by the Forest Service or other scheduled or existing uses or activities on National Forest System lands.
5. The proposed activity does not violate state and local public health laws and regulations as applied to the proposed site. Issues addressed by state and local public health laws and regulations as applied to the proposed site include:
- The sufficiency of sanitation facilities;
- The sufficiency of waste disposal facilities;
- The availability of sufficient potable drinking water;
- The risk of disease from the physical characteristics of the proposed site or natural conditions associated with the proposed site; and
- The risk of contamination of the water supply.
6. The proposed activity will not pose a substantial danger to public safety. Considerations of public safety must not include concerns about possible reaction to the users' identity or beliefs from nonmembers of the group applying for a permit and must be limited to:
- The potential for physical injury to other forest users from the proposed activity;
- The potential for physical injury to users from the physical characteristics of the proposed site or natural conditions associated with the proposed site;
- The potential for physical injury to users from scheduled or existing uses or activities on National Forest System lands; and
- The adequacy of ingress and egress in case of an emergency.
7. The proposed activity does not involve military or paramilitary training or exercises by private organizations or individuals, unless such training or exercises are federally funded.
8. A person or persons 21 years of age or older have been designated to sign and do sign a permit on behalf of the applicant.
Alerts & Warnings