C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 251—LAND USES › Subpart D—Access to Non-Federal Lands

36 C.F.R. § 251.111

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

In addition to the definitions in subpart B of this part, the following terms apply to this subpart:

Access means the ability of landowners to have ingress and egress to their lands. It does not include rights-of-way for power lines or other utilities.

Adequate access means 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 disturbance to National Forest System lands and resources.

Congressionally designated area means lands which are within the boundaries of a component of the National Wilderness Preservation System, National Wild and Scenic River System, National Trails System, and also National Monuments, Recreation, and Scenic Areas within the National Forest System, and similar areas designated by Federal statute.

Landowner(s) means the owner(s) of non-Federal land or interests in land within the boundaries of the National Forest System.

Notes of Decisions
Cited in 6 cases, 1999–2020 · 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).
Sort: Relevance Newest Treatment
Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). “” 36 C.F.R. § 251.111 . Before issuing any access authorization, an officer must ensure that “[t]he route is so located and constructed as to minimize adverse impacts on soils, fish and wildlife, scenic, cultural, threatened and endangered species, and other values of the…”
Breaker v. United States, 977 F. Supp. 2d 921 (D. Minnesota 2013). “” 36 C.F.R. § 251.111 . The “adequate access” standard is higher than one of “any access.”
Nelson v. United States, 64 F. Supp. 2d 1318 (N.D. Ga. 1999). · cites it 2× “” 36 C.F.R. § 251.111 . In addition, the regulations provide criteria to use in considering whether to grant a special use authorization for access to non-Federal lands.”
Dobbs v. United States Forest Serv. (10th Cir. 2020). “” 36 C.F.R. § 251.111 . When authorizing access to private lands over federal lands, the Forest Service must consider the following factors: (1) The use of means of ingress and egress which have been or are being customarily used with respect to similarly situated non-Federal…”
Johnson v. United States Forest Serv., 93 F. App'x 133 (9th Cir. 2004). “” 36 C.F.R. § 251.111 . The USFS finding that hiking, stock, and helicopter access existed and constituted adequate access was neither “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
High Country Citizen v. U.S. Forest Serv. (10th Cir. 2000). “” 36 C.F.R. § 251.111 . The regulations further provide that in determining what constitutes adequate access, the Forest Service should consider the uses of other property in the relevant area: In issuing a special-use authorization for access to non-Federal lands, the…”
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.