36 C.F.R. § 251.110

Scope and application

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(a) The regulations in this subpart set forth the procedures by which landowners may apply for access across National Forest System lands and the terms and conditions that govern any special use or other authorization that is issued by the Forest Service to permit such access.

(b) These regulations apply to access across all National Forest System lands, including Congressionally designated areas, and supplement the regulations in subpart B of this part, and in parts 212 and 293 of this chapter. The regulations of this subpart do not affect rights-of-way established under authority of R.S. 2477 (43 U.S.C. 932); rights-of-way transferred to States under 23 U.S.C. 317; access rights outstanding in third parties at the time the United States acquired the land; or the rights reserved in conveyances to the United States and in other easements granted by an authorized officer of the Forest Service. Except for the aforementioned rights-of-way, currently valid special-use authorizations will become subject to the rules of this subpart upon expiration, termination, reversion, modification, or reauthorization.

(c) Subject to the terms and conditions contained in this part and in parts 212 and 293 of this chapter, as appropriate, landowners shall be authorized such access as the authorized officer deems to be adequate to secure them the reasonable use and enjoyment of their land.

(d) ln those cases where a landowner's ingress or egress across National Forest System lands would require surface disturbance or would require the use of Government-owned roads, trails, or transportation facilities not authorized for general public use, the landowner must apply for and receive a special-use or road-use authorization documenting the occupancy and use authorized on National Forest System lands or facilities and identifying the landowner's rights, privileges, responsibilities, and obligations.

(e) Where ingress and egress will require the use of existing Government-owned roads, trails, or other transportation facilities which are open and available for general public use, use by the landowner shall be in accordance with the provisions of part 212 of this chapter.

(f) The rules of this subpart do not apply to access within conservation system units in Alaska which are subject to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101), except for access to inholdings authorized by section 1110(b) of that Act.

(g) Where there is existing access or a right of access to a property over non-National Forest land or over public roads that is adequate or that can be made adequate, there is no obligation to grant additional access through National Forest System lands.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1994–2021 · leading case: Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001).

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Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). · cites it 3× “” 36 C.F.R. § 251.110 (c). Adequate access is defined as “a route and method of access to non-Federal land that provides for reasonable use and enjoyment of the non-Federal land consistent with similarly situated non-Federal land.”

Burlison v. United States, 533 F.3d 419 (6th Cir. 2008). “§ 3210 (a) of ANILCA, and the special use authorization regulations at 36 C.F.R. §§ 251.110 , 212.8(b), 251.114(a)-(f), and 251.”

United States v. Tommy A. Srnsky David M. Srnsky, 271 F.3d 595 (4th Cir. 2001). “” 36 C.F.R. § 251.110 (b) (emphasis added).”

Everett, Frank E. v. United States, 158 F.3d 1364 (D.C. Cir. 1998). “” 36 C.F.R. § 251.110 (c), (g) (1998). Everett can land his helicopter at an airport located only 20 miles from his home and can also reach his property via public roads.”

Fitzgerald v. United States, 932 F. Supp. 1195 (D. Ariz. 1996). “36 C.F.R. § 251.110 (c). However, under 36 C.”

United States v. Jenks, 22 F.3d 1513 (10th Cir. 1994). “See 36 C.F.R. § 251.112 (a). Special use permits issued by the Forest Service must secure to the landowner the reasonable use and enjoyment of his property.”

Breaker v. United States, 977 F. Supp. 2d 921 (D. Minnesota 2013). “See 36 C.F.R. § 251.110 , et seq. These regulations apply to owners of “non-Federal land or interests in land within the boundaries of the National Forest System.”

Everett v. United States, 980 F. Supp. 490 (D.D.C. 1997). · cites it 2× “Further, the explicit language of 36 C.F.R. § 251.110 (g) provides that the Forest Service is not obligated “to grant additional access through National Forest System lands,” where “there is existing access or a right of access to a property over non-National Forest land or over…”

Grill v. United States (Fed. Cl. 2021). · cites it 3× “Such rules and regulations are set forth in 36 C.F.R. § 251.110 , et seq., which includes a provision that requires a landowner to “apply for and receive a special-use or road-use authorization” if the access would require “surface disturbance” or a usage greater than that…”

United States v. Srnsky (4th Cir. 2001). “" 36 C.F.R. § 251.110 (b) (emphasis added).”

Burlison v. United States (6th Cir. 2008). “§ 3210 (a) of ANILCA, and the special use authorization regulations at 36 C.F.R. §§ 251.110 , 212.8(b), 251.114(a)-(f), and 251.”

High Country Citizen v. U.S. Forest Serv. (10th Cir. 2000). “See 36 C.F.R. § 251.110 (c). “Adequate access” to an inholding is defined as “a route and method of access to non-Federal land that provides for reasonable use and enjoyment of the non-Federal land consistent with similarly situated non-Federal land and that minimizes damage or…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.