Special Use
Special Use Authorizations
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.
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 on NFS land involves individuals or organization with 75 or more participants or spectators.
As set forth in law, the mission of the Forest Service is to achieve quality land management under the sustainable multiple–use management concept to meet the diverse needs of people. "Special Uses" provides services supporting our national policy and federal land laws by authorizing uses on NFS 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 individual and business applications for authorization for use of NFS land and carefully reviews each application to determine how the request affects the public's use of NFS land.
Normally, NFS land is not made available if the overall needs of the individual or business can be met on nonfederal lands.
Commercial filming and photography may take place on Forest Service public lands (National Forests). Like other commercial uses of National Forest System lands or resources, commercial filming and photography requires a Special Use Permit, which is issued by the District Ranger or Forest Supervisor [Authorized Officer] of the relevant forest.
Prior to the issuance of a permit, the Forest Service will determine if there are any environmental concerns in the proposed filming or photo shoot location. The Forest Service may deny permits for practices prohibited on NFS lands. Staff at the California Film Commission's network of Regional Film Offices may be available to assist users in determining an appropriate location for filming activities or answering any preliminary questions associated with filming on National Forest System lands. Please contact the appropriate Film Commission Regional/County Office Liaison for more information on potential locations.
Permit Requests
Commercial filming and photography requests must be submitted to the relevant National Forest office (attn: Special Uses Contact) two weeks in advance of anticipated filming date. In order to expedite a filming request, please be aware of the following considerations:
- Commercial filming is defined as use of motion picture, videotaping, sound-recording, or any other type of moving image or audio recording equipment on National Forest System lands that involves the advertisement of a product or service, the creation of a product for sale, and/or the use of actors, models, sets, or props, but not including activities associated with broadcasting breaking news. For purposes of this definition, creation of a product for sale includes a film, videotape, television broadcast, or documentary of historic events, wildlife, natural events, features, subjects or participants in a sporting or recreation event, and so forth, when created for the purpose of generating income (FSH 2709.11 2008-2 (CH 40)).
- Commercial photography is defined as the use of photographic equipment to capture still images on film, digital format, and other similar technologies found on National Forest System lands that: takes place at a location where members of the public are generally not allowed or where additional administrative costs are likely; or uses models, sets, or props that are not part of the site’s natural or cultural resources or administrative facilities (FSH 2709.11 2008-2 (CH 40)).
- The Forest Service may require liability insurance and/or performance bonds to protect the public interest (FSH 2709.11 2008-2 (CH 40)). Typically, one (1) million dollars in general liability may required. Up to five (5) million may be required for activities that involve the use of a helicopter.
- Public law 106-206 allows the Forest Service to collect two types of fees for commercial filming or photography activities – a use fee and a “cost recovery” fee.
- The use fee is based upon: the number of days filming or photography activities take place; the size of the film/photography crew; and/or the amount and type of equipment present.
- The cost recovery fee covers the administrative and personnel costs associated with issuing the permit.
- Wilderness areas are congressionally-designated areas on federal lands that are subject to specific management restrictions; human activities are restricted to non-motorized recreation (such as backpacking, hunting, fishing, horseback riding, etc.), scientific research, and other non-invasive activities. Wilderness Areas occur on Forest Service (Department of Agriculture) lands, as well as on lands managed by the National Park Service, Bureau of Land Management, and the US Fish and Wildlife Service (Department of Interior). A special use permit may only be issued for commercial photography or filming on a US Forest Service Wilderness Area if the activity has a primary objective of disseminating information about the use and enjoyment of wilderness, is wilderness-dependent and an appropriate non-wilderness substitute does not exist, and the activity would not involve the use of any motorized equipment or mechanical transport (see Key Messages of FSH 2701.11-2010-2 (CH 40) for further information).
The Forest Service authorizes (permits) the private use of National Forest land for a variety of reasons, including recreation cabins, ski areas, resorts, outfitter guide such as pack stations, communication sites, etc.
Some group activities and some recreation events may require a Special Use Permit. A Special Use Permit grants rights or privileges of occupancy and use to the holder. Examples include reserving a public site for a wedding party, or holding a bicycle race on public lands. These permits contain specific terms and conditions that the holder must follow.
Before Special Use Permits are issued, the Forest Service must determine that the proposed use complies with all management plans and laws, that there is a demonstrated need for the activity, and that the use is appropriate on national forest system lands. Special Use Permits are a temporary authority. our office locations.
Recreation Residence Permits
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, visit the national "recreation residences" page or contact your local Special Use Permit Coordinator.
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, visit the national "communication sites" page or contact your local Special Use Permit Coordinator.
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, visit the national "existing uses" page or contact your local Special Use Permit Coordinator.
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 Road Manager at the closest Forest Service office to obtain a Road Use Permit or written authorization.
- National FS Special Uses
This final rule clarifies requirements regarding the issuance of special use authorizations for activities involving National Forest System roads and trails. You may obtain copies from your local Forest Service office, law library, or by visiting the National Archives & Records Administration's Code of Federal Regulations website.
According to CFR 251.58, the Forest Service is authorized to assess fees to recover agency processing and monitoring costs for special use authorizations. Cost recovery fees are adjusted on an annual basis and are separate from any fees charged for the use and occupancy of National Forest System Lands.