Permits Frequently Asked Questions

With few exceptions, all uses of National Forest System lands that involve extended occupancy, improvements, the use of resources and/or conducting any business or commercial activity are designated "special uses" and require written authorization.  

A commercial use or activity on National Forest System land occurs when (a) an applicant intends to charge an entry or participation fee, or (b) the primary purpose is the sale of a good or service, regardless of the intent to produce a profit. It makes no difference if the money collected is used to cover expense categories such as food, transportation, prizes, raffle items, advertising, purchase of equipment, or compensation for the leader or organizers of the activity.  If there is a participation fee or someone is deriving compensation from the use of National Forest System lands, then it will most likely be considered a commercial activity.

Use may be considered noncommercial if there is bona fide sharing of expenses among participants only for the purpose of paying for actual expenses directly related to operating or staging the activity, with all excess funds returned to participants. The fees charged may not include costs for employees or people or other operating expenses for staging or running the event.  Otherwise this is considered the sale of a service. 

Initially, you should contact the Forest Service office in the area where you wish to hold your activity prior to the application deadlines. If your proposal meets the pre-application screening requirements, you can submit an application.  

As part of the application process, the applicant will be expected to provide all the information necessary for the agency to make a decision on the application. This may include environmental, cultural, engineering design, visuals, surveys, studies, or other information required under the National Environmental Policy Act (NEPA).

The Forest prefers that proposals be submitted electronically to expedite review and processing. Only fully complete, signed applications will be reviewed.  Keep in mind that the Forest Service is essentially looking for the proponent to describe in the proposal/application the who, what, where, why, when, and how the activity is intended to occur on the Forest.  Proponents should include maps, supplemental information, operating plans, business plans and any other attachments that help articulate the proposal and describe the entire story of the planned use or activity.

Learn more about the process on the Permit Application page. 

Yes! We encourage you to call us before filling out your application, just in case we know whether or not we can allow your requests. Please call the district office where your proposed activity will take place. 

Because most commercial recreation activities on the GW/Jeff National Forest typically occur in the spring, summer and fall, the Forest has established a February 15th annual deadline for submitting recreation event and outfitting & guiding proposals in the year for which the event is planned. 

For commercial film and photography permits and other types of recreation or non-ground disturbing activities, there are no application deadlines, so proposals/applications can be submitted at any time. 

Proposals are reviewed to ensure consistency with laws, regulations and Forest Service policies. Some proposals may require an environmental analysis required by the National Environmental Policy Act (NEPA) or other laws. A proposal for a commercial use may involve a competitive interest determination and Forest Service solicitation.  Once it has been determined that a commercial use or activity is in the best interest of the public, a prospectus is issued and proposals invited whenever a competitive interest exists or when it is believed that the issuance of a prospectus will result in better services to the public and/or increased revenue to the United States.  

Proposals, solicited or unsolicited, may be rejected during the evaluation process if they do not pass the screening criteria (36 CFR 251.54), or if the environmental analysis finds the use would have significant or unacceptable impacts to resources or other Forest Service programs.

We first evaluate a proposal against first and second level screening criteria contained in the Code of Federal Regulations (36 CFR 251.54). The screening criteria is detailed on the Permit Application page. 

The length of time that it takes to issue a permit depends on a number of factors including:

• The type and scope of the proposed services.
• Whether camps or structures are proposed.
• The anticipated environmental impacts and resultant level of analysis and public involvement required.
• Whether or not a prospectus is issued and permits are competitively awarded.
• Whether or not there are appeals or legal actions contesting the permit issuance.
• Coordination with appropriate agencies.

In general, a proposal that is relatively simple takes approximately one to six months to be issued, while more complex proposals may take a year or longer. Allow sufficient lead time for your proposal to be reviewed and processed.

Because most commercial recreation activities on the GW/Jeff National Forest typically occur in the spring, summer and fall, the Forest has established a February 15 annual deadline for submitting recreation event and outfitting & guiding proposals in the year for which the activity or use is planned. Assuming you submit a complete application with sufficient information by February 15, Forest staff will then endeavor to complete the pre-application screening and, if approved, issue permits by April 15, barring any unforeseen circumstances. Establishing this deadline helps the Forest give priority to those applicants/permit holders that plan their activities well in advance, to better avoid conflicts with other planned activities and uses during the recreation and field season, and ensure the Forest can plan ahead for adequate staffing to review and process requests in a timely manner.  The Forest cannot make any assurances that applications received past the deadline will be reviewed or processed prior to your proposed activity that year.  If your planned activity is scheduled between February 15 and April 15, then you should coordinate submission of your proposal with the Forest permitting staff at least 6 months in advance and they will do their best to work your proposal into their program of work for completion by February 15. 

For commercial film and photography permits and other types of recreation or non-ground disturbing activities, there are no application deadlines, so proposals and applications can be submitted at any time. Forest Service staff will endeavor to review and screen your proposal within 60 days of receipt of a complete proposal. This 60-day period does not include periods in which the Forest Service is waiting for additional information from you or another governmental entity needed to complete the pre-application screening process. The Forest Service case manager will advise you of the review process requirements.  Once your Forest Service case manager establishes that the application is complete (meaning that there is sufficient information about a project or activity to enable the Forest Service to determine the feasibility, location, public benefits and other factors related to the proposed use or activity), then the Forest will endeavor to make a decision on your application and issue a permit, if approved, within another 60-90 days. Therefore, it is important that you plan ahead, prepare, and begin discussing your proposal with Forest Service staff early, at least six months in advance of your planned activity or use.

Forest Service officials will review your application and inform you when a decision is made to issue or not issue a special use authorization. Stay engaged with your Forest Service case manager, ask questions and keep informed throughout the process.  Remember, there is a team at the Forest Service doing their best to assist you and also ensure that established laws, regulations, policies, processes and procedures are followed.  This does not occur in a vacuum or without your input and engagement.

Yes.  Please refer to the “Fees” section of the Permit Application page. 

Recreation events are commercial activities requiring temporary special use authorizations for use of National Forest System lands. Examples of recreation events include, but are not limited to: animal, bicycle, motocross, or triathlon type races; jeep rallies; dog trials; fishing contests; rendezvous; rodeos; adventure games; youth treks; wagon trains; concerts; and other similar events. A permit is required for these types of events regardless of the number of people involved in the activity.

The George Washington & Jefferson National Forest land and resource management plans (Forest Plans) discourage commercial recreation uses use on the Appalachian Trail.  Recreational special uses may be permitted only when they do not adversely affect Appalachian Trail values and resources. Recreation events such as foot races or horseback endurance events are limited to designated crossings only, except where coincident with the Virginia Creeper National Recreation Trail. Only temporary authorizations of one year or less for use of the footpath may be allowed in limited circumstances due to the probability of changing trail conditions or management needs except for existing permits.  

Existing permits may be renewed when there is no proposed change in use, or changes in trail conditions or management needs. Permits will not be issued for overnight camping at Appalachian Trail shelters or within 300 feet of the footpath.

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 are not available for new special uses, except for research and outfitter-guide operations allowed under the Wilderness Act. Commercial use by outfitters and guides can be allowed in limited circumstances if compatible with preservation of Wilderness values. Competitive or contest events such as foot races or horseback endurance events are not permitted. Outfitters and guides must use leave-no-trace techniques and permanent camps are not allowed. The size of commercial and organized groups would be limited to 10.

ike other commercial uses of National Forest System lands or resources, commercial filming and photography requires a Special Use Permit. General media outlets are not included as commercial filming or commercial photography.

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.  Activities associated with broadcasts for news programs are not included. 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)).

If you are shooting still photographs or ‘home movies' for personal use (e.g. that does not involve advertisement of a product or service, or the creation of a product for sale) then a special use permit is not required.

A special use permit is required for any outfitting or guiding use taking place on National Forest land. 

Outfitting is the providing of any saddle or pack animal, vehicle or boat, tents or camp gear, or similar supplies or equipment for monetary remuneration or other gain. Guiding is defined as providing, for monetary remuneration or other gain, services or assistance such as supervision, protection, education, training, packing, transportation, subsistence, interpretation, or otherwise assisting individuals or groups in their pursuit of a natural resource based outdoor activity. Hiking, ski touring, and backpacking trips are examples. Guiding includes commercial guiding, and organizational camps, private camps, and school or institutional activities, wherein the operator or guide furnishes personal services or serves as a leader, teacher, or counselor, and receives compensation for such services (including not-for-profit organizations). Permits are required regardless of the duration of the trip.