Special Use Permits

• When there is a demand to use federal lands by public or private entities to address different uses or needs. Often these diverse needs require specific approval. The Forest Service provides services that support our national policy and federal land laws.
• The Agency's special-uses program authorizes uses on National Forest Systems lands that provide a benefit to the general public and protect public and natural resources values.
• These Authorizations are legal document such as a permit, term permit, lease, or easement, which allows occupancy, use, rights, or privileges of National Forests System lands. The authorization is granted for a specific use of the land and for a specific period of time.

•  If you will need to occupy, use, or build on National Forest System lands 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.

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 and 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 NFS land, identification of applicant's property (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 NFS 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 NFS lands. Provide alternative locations for the proposal in your application.

To apply for a Special Use Authorization Application, you must first verify if you meet the following Criteria:

1. Your request must be consistent with laws, regulations, orders, policies of NFS lands, other federal laws, and applicable State and local health and sanitation laws.
2. Your request must be consistent or made consistent with the standards and guidelines in the applicable Forest Land and Resource Management Plan.
3. Your request must not pose serious or substantial risk to public health or safety.
4. Your request must not require exclusive or perpetual right of use or occupancy.
5. Your request does not unreasonably conflict or interfere with administrative uses, other scheduled or authorized existing uses, or use of adjacent non-NFS lands.
6. The proponent must not owe any fees to the Forest Service from a prior or existing special use authorization.
7. No gambling or providing of sexually oriented commercial services can be authorized on NFS land, even if permitted under state law.
8. No military or paramilitary training or exercises by private organizations or individuals can be authorized on NFS land, unless it is federally funded.
9. No disposal of solid waste or storage or disposal of radioactive or other hazardous substances can be authorized on NFS land.

To apply please provide the documentation listed for the desired use:

Apalachicola National Forest, Osceola National Forest, and Ocala National Forest 

Email: sm.fs.nfflspecuse@usda.gov

Depending on the complexity of the proposal, obtaining a Special Use Authorization can sometimes be a lengthy process. It is important to note not all proponent's will receive approval for a permit, therefore any action taken before receiving a Special Use authorization, such as occupying National Forest System Lands and advertising or expending funds, is premature and at the proponent's risk--and is against the law.

• Submit ALL proposals and applications at least 180 days ahead of your intended start of operations.
• All proposals and applications will be date-stamped when received and processed in order of receipt.
• Submit proposals/applications or questions to the District Special Uses Administrator. See “How do I Apply?” section for contact information.

As mentioned before there are over 180 types of uses and we can’t fit them all here. If you cannot find information on your desired special use, provide the following information to the permit administrator mentioned on our “How do I Apply?” section.

• SF299-20
• Map of desired location where you wish to implement your special use permit request. Shapefiles, KMZ or KML are encouraged.

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)

Examples of recreation events include, but are not limited to races, 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.

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.

In addition, the forest Service will require the permit Holder to provide Liability insurance and have the “United States of America” as an Insured party. The amount of Liability insurance will be disclosed before permit is awarded.   

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 National Forests In Florida will be complying with the following policy direction:

1. Appropriately worded Acknowledgement of Risk forms required by insurance companies or special use authority holders are acceptable [Sample (doc)].
2. Do not permit use of Waiver of Liability forms [Sample (doc)] 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.

Land use Fee for Event

The fee is 5 percent of adjusted gross receipts (gross revenue less cost to holder of prizes awarded) for one-time events and 3 percent for multiple events under a single permit.  The minimum fee is $73.00 per event(This number varies every year depending on market value).

Gross Revenue includes all of the following:

• Event Charges: Fees charged to participate in the event and/or fees charged to spectators to view the event, if applicable.
• Vendor Fees/Sales: Includes, but not limited to, sales from concession stands, raffles booths, etc.  Only include vendors that are located on NFS Lands.
• Discounts: Portion of fees that either the participants, spectators, or sponsors were not required to pay.
• Gratuities: The value of privileges that are not available to the general public and that are donated or provided without charge to the organization or individuals.  For example, but not limited to, a fee entry ($500) to the race for a European Bike Team.
• Sponsorship Fees: A fee each sponsor pays in order to be a part of the event and/or to advertise their product(s) such as, but not limited to, shoes, boats, etc. For example, but not limited to, a sponsor such as Nike or Bass Boat Company, etc. pays the permit Holder $100 to place their product in the event area, or an advertising banner in the vendor area. Only include those that are located on NFS lands.

Prizes:  "A reward for victory or superiority, as in a contest or competition." (Random House Dictionary).
Prizes include:

• Cash prizes awarded.
• Cost of merchandise prizes, such as 1st, 2nd, and 3rd place.
• Cost of trophies.

Prizes are not souvenirs such as, but not limited to, T-shirts, ball caps, socks, pens, tote bags, etc. given to all participants entered into the event.

The Holder must provide receipts to verify costs of all merchandise prizes and trophies. 

Donated prizes cannot be deducted from Gross Revenue.

Cost Recovery Fees

The cost recovery fee covers the administrative and personnel costs associated with issuing the permit. If the permit takes more than 50 hours to process or monitor these fees apply.

Documents to be filled and sent to the Special Use Permit Administrator:

Submit all proposals and applications at least 90 days ahead of your intended start of operations.

• Rec Event Application and Operating Plan
• SF299-20
• Eve Shackleton: eve.shackleton@usda.gov, P: 352-625-2520 x2526

There are many diverse research projects on the National Forests In Florida.  Research includes specimen collection permits, observatories, laboratories, educational research study, educational talks and lectures and similar uses not intended to result in further development. 

Our goal is to provide a high level of customer service for research activities on the National Forests In Florida.  Please understand however, that depending on the complexity of the proposal, and any environmental compliance that may be required, it may take up to 90 days to process a research permit.

• It is your responsibility to provide the Agency with all the information needed to review, evaluate, and make a decision on a submitted proposal and an application.
• All proposals are subject to initial screening. If a proposal passes initial screening it is formally accepted as an application and will enter a second screening for environmental analysis (cost recovery fees are applicable).
• Lastly, the environmental analysis process will determine if the proposed use will be authorized with a Special Use Permit.

Land use Fee and Cost Recovery fee may incur and will be determined at the time of application approval and or permit processing

Documents to be filled and sent to the Special Use Permit Administrator:

• Supplementary Questionnaire for Research Permit Requests
• SF299-20
• Map of desired research location request. Shapefiles, KMZ or KML are encouraged.

Most visitors enjoy "non-commercial" activities on their National Forests such as berry picking, camping, picnicking, fishing, participating in assemblies, meetings, rallies, birthday and wedding parties. In general, special use permits are not required for these types of non-commercial recreational uses. However in some circumstances non-commercial group activities will also need a recreation special use permit.

Commercial or Non-Commercial Event

Prior to issuance of a special use permit, it must be determined if the activity is commercial or non-commercial.

• If commercial, a Recreation Event permit is required. This includes activities that a have entry fees or "donations" that are mandatory for participation.
• If noncommercial, involving more than 75 people (participants and spectators) a Noncommercial Group Use Permit is required. Fees, insurance and bonding are exempted by regulation.
• If noncommercial, involving less than 75 people (participants and spectators) a permit is not mandatory, but could be desirable to manage the event and associated public conflicts. Fees, insurance and bonding are exempted by regulation.

In order to be considered a non-commercial use, there must be:

• No entry or participant fee,
• Fees for direct costs (food, transportation, etc) may be collected based on a bona fide sharing of expenses.
• Donations are not considered fees if they do not exceed direct costs.
• Funds collected in excess of direct costs are returned to participants based on a bona fide sharing of costs.
• 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.

Examples of groups not needing a special use permit:

• Wedding party of 30 people with no fee.
• Family summer camp-out of 50 folks; costs are collected to cover the food.
• Weekend Equestrian Club trip with 10 riders; costs are pooled to cover the actual food and gas costs.

Examples of groups needing a Non-Commercial Group Use Special Use Permit:

• Grandpa's 85th Birthday party of 85 people at a developed campground with no fee or costs.
• Church camp-out of 60 folks; costs are collected to cover the food, transportation and the camp cook is paid for the weekend.

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).

Application review Process

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.

Fees:

There are no fees associated with a non-commercial group use permit.

Documents to be filled and sent to the Special Use Permit Administrator:

Applications must be submitted at least 72 hours prior to the visitation, however we would appreciate a two week lead. 

• Non-Commercial Use form
• Operating Plan for Non-Commercial Group Uses
• Eve Shackleton: eve.shackleton@usda.gov, P: 352-625-2520 x2526

National forests are a popular location for the commercial filming and still photography industries.  Anyone wishing to film on National Forest System lands must obtain a special use permit from the Forest Service.

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.

Commercial filming and photography requests must be submitted to the relevant National Forest office (see How do I Apply? section for contact information) 2 months in advance of anticipated filming date. Complex projects may require additional processing time.  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, time lapse, 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.
• 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.
• 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, mountaineering, 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.

Insurance

The Forest Service may require liability insurance and /or performance bonds to protect the public interest. Typically, one (1) million dollars in general liability may be required. Up to five (5) million may be required for activities that involve the use of a helicopter.

Fee

Processing Fee: $136.00

Land Use Fee
The land use fee is based upon: the numbers of days filming or photography activities take place and the size of the film/photography crew.

2022 Fees for Commercial Filming (motion picture and television location). 

• 1-10 persons = $150/per day
• 11-30 = $200/per day
• 31-60 persons = $500/per day
• Over 60 persons = $600/per day

2022 Fees for Still Photography (if permit required)

• 1-10 persons = $50/per day
• 11-30 = $150/per day
• Over 30 persons = $250/per day

Cost Recovery Fees
The cost recovery fee covers the administrative and personnel costs associated with issuing the permit with separate fee for both processing and monitoring.

Documents to be filled and sent to the Special Use Permit Administrator:

Applications must be submitted at least 2 months prior to the desired dates of production.

• SF299-20
• Application for Photo-Film

What is a Recreation Residence?

Back in the early 1900s, the Forest Service Recreation Residence Program started to give 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 cabins."

These privately owned cabins, known as "improvements," are located within formally established "tracts" on "lots" designated for that purpose. They are authorized and administered under the terms and conditions of a special use authorization (SUA) called a permit. 

IMPORTANT NOTES: 

• The individual owns the "improvements," but not the land. The permittee pays an annual rental fee as directed by the 2014 Cabin Fee Act.
• No more than one recreation residence special use permit can be issued to a single family (ex: spouses and dependent children).
• Here is a sample Term Special-Use Permit for Recreation Residences: FS-2700-5a form 

Additional Information:

• National Forest Service Special Uses website - To learn more about CFA (Cabin Fee Act), Cost Recovery, the national program, authorizing regulations, and other related information.

Sale of Cabin Process

Permit holders who wish to sell their improvements must contact their forest district's Special Use Administrator. 

Form, FS-2700-3a is required to begin the reissuance process. Part I, is the relinquishment and the permit holder's signature is required. Part II, is the application for the purchaser to complete. 

It is important that a permit administrator from the forest is involved early in the sale process, to ensure all regulations and requirements are met.

The Forest Service does not handle the sale of recreation residences, nor does the forest keep track of those which are for sale.  This information is best obtained from a local real estate office.

Recreation residences must be up to standards and properly maintained before the sale of the cabin. The permit holder can use the Self inspection report and the copy of the Operation and Maintenance plan to verify the cabin is up to standards.

Note: In 2018, the Transfer Fee was $1,232.00 (check with special use administrator for current fee).

• FS-2700-3a
• RECREATION RESIDENCE SELF-INSPECTION REPORT

Maintenance and Repairs

An objective for a recreation residence tract is to give the impression of a forest having a few cabins - rather than a subdivision with a few trees. The dominant character of the tract must therefore be the forest environment, not human improvements. The residences and lots should be cared for to retain the tract's visual and historic character.

Permit holders are required to keep their cabins maintained and be in compliance with the terms and conditions of their permit.

Any changes to the cabin need to be authorized by the Special Use Administrator for that district; including paint color, roof replacements, etc. Unless it is light maintenance; such as, painting or replacing a few boards, the County will most likely require a permit. Keep an up-to-date Operation and Maintenance Plan on file at your local district office.

Remember that the season is usually short for handling repairs. Since your district Special Use Administrator must approve many of the repairs and projects, notify him or her ahead of time.

Typical Maintenance Items: fire clearances need to be maintained, structures kept in good repair with natural looking materials and colors, vehicles parked in appropriate places, no junk left around, etc. A bright colored roof, deck, or exterior paint would not be considered appropriate.

• TIP: reds, yellows, blues, whites will not be likely candidates for approval. Darker forest type colors like; browns, greens, etc. will work much better.

Information about the terms of use, maintenance, or reconstruction of a cabin may be found in chapter 40 of the Forest Service Handbook​.

New Construction or Reconstruction - Plans

Whether you are planning to repair your septic system, re-roof the building, or fix your deck, you need to have a plan and talk to the your Special Use Permit Administrator.

1. The special use permit requires a permit holder to submit conceptual design and site plans for proposed development or changes to the District Ranger. The conceptual plans should be detailed enough to allow preparation of an analysis, and details shown should include roads, trees, rock outcrops, planned and existing improvement location, structure size, and lot boundary accurately as possible.
2. The District Ranger will review the proposal for environmental, visual, and historic concerns and, if there are no concerns, give written approval-in-concept.
3. The permit holder will submit their construction plans to the County Building department for approval, and obtain the required permits.
4. After the Forest Service receives copies of any necessary permits and gives final written authorization, construction may proceed.

The Forest Service will approve only the conceptual design and site plan for the construction project. The permit holder must obtain required permits or authorization from other agencies (where applicable) before the project can start. This is to ensure health and safety standards (ex: snow loading and septic location) are met.

** Documents required for repairs, modifications, Amendments, constructions or reconstructions:

• SF299-20
• Map design of work
• Plan of work including timetable

This permit is only available on the Apalachicola National Forest and currently have two worm harvesting bait permits that can be issued to collect earthworms on forest land. The first permit is a free two week bait permit for the collection of about 500 worms. This permit is to be acquired for personal use only and the worms that are collected are not to be sold. The second permit is an annual permit, valid for one year from time of purchase. This permit must be acquired to sell worms for commercial use. The cost of this permit is subject to increase each calendar year but the current price is $73.00.

This permit is only issued on the Apalachicola National Forest district offices in person. If you are interested in acquiring a bait permit please contact either one of our district offices.

The Ocala National Forest is host to multiple concessionaires that operate throughout the whole year in the forest. See attached table outlining the different concession sites and their current running concessionaires: