C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 251—LAND USES › Subpart B—Special Uses

36 C.F.R. § 251.50

Scope

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(a) All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing sharing use of roads (§ 212.9); grazing and livestock use (part 222); the sale and disposal of timber and special forest products, such as greens, mushrooms, and medicinal plants (part 223); and minerals (part 228) are designated “special uses.” Before conducting a special use, individuals or entities must submit a proposal to the authorized officer and must obtain a special use authorization from the authorized officer, unless that requirement is waived by paragraphs (c) through (e)(3) of this section.

(b) Nothing in this section prohibits the temporary occupancy of National Forest System lands without a special use authorization when necessary for the protection of life and property in emergencies, if a special use authorization is applied for and obtained at the earliest opportunity, unless waived pursuant to paragraphs (c) through (e)(3) of this section. The authorized officer may, pursuant to § 251.56 of this subpart, impose in that authorization such terms and conditions as are deemed necessary or appropriate and may require changes to the temporary occupancy to conform to those terms and conditions. Those temporarily occupying National Forest System lands without a special use authorization assume liability, and must indemnify the United States, for all injury, loss, or damage arising in connection with the temporary occupancy.

(c) A special use authorization is not required for noncommercial recreational activities, such as camping, picnicking, hiking, fishing, boating, hunting, and horseback riding, or for noncommercial activities involving the expression of views, such as assemblies, meetings, demonstrations, and parades, unless:

(1) The proposed use is a noncommercial group use as defined in § 251.51 of this subpart;

(2) The proposed use is filming or still photography as defined in § 251.51 of this subpart.

(d) Travel on any National Forest System road shall comply with all Federal and State laws governing the road to be used and does not require a special use authorization, unless:

(1) The travel is for the purpose of engaging in a noncommercial group use, outfitting or guiding, a recreation event, filming or still photography, as defined in § 251.51 of this subpart, or for a landowner's ingress or egress across National Forest System lands that requires travel on a National Forest System road that is not authorized for general public use under § 251.110(d) of this part; or

(2) Authorization of that use is required by an order issued under § 261.50 or by a regulation issued under § 261.70 of this chapter.

(e) For proposed uses other than a noncommercial group use, a special use authorization is not required if, based upon review of a proposal, the authorized officer determines that the proposed use has one or more of the following characteristics:

(1) The proposed use will have such nominal effects on National Forest System lands, resources, or programs that it is not necessary to establish terms and conditions in a special use authorization to protect National Forest System lands and resources or to avoid conflict with National Forest System programs or operations;

(2) The proposed use is regulated by a State agency or another Federal agency in a manner that is adequate to protect National Forest System lands and resources and to avoid conflict with National Forest System programs or operations; or

(3) The proposed use is not situated in a congressionally designated wilderness area, and is a routine operation or maintenance activity within the scope of a statutory right-of-way for a highway pursuant to R.S. 2477 (43 U.S.C. 932, repealed Oct. 21, 1976) or for a ditch or canal pursuant to R.S. 2339 (43 U.S.C. 661, as amended), or the proposed use is a routine operation or maintenance activity within the express scope of a documented linear right-of-way.

(f) No permit required for filming or still photography. Notwithstanding the requirements of paragraphs (c) and (d) of this section, no special use authorization or fee is required for filming or still photography that meets either of the following criteria:

(1) The activity:

(i) is conducted by not more than five individuals; and

(ii) meets all of the requirements in paragraph (i)(1) through (8).

(2) The filming or still photography is merely incidental to, or documenting, an activity or event that is allowed or authorized on National Forest System lands, regardless of:

(i) the number of individuals participating in the activity or event; or

(ii) whether any individual receives compensation for any products of the filming or still photography.

(g) De minimis use authorizations for filming or still photography. Notwithstanding the requirements of paragraphs (c) and (d) of this section, a de minimis use authorization, for which no fee is charged, may be required for filming or still photography that meets both of the following criteria:

(1) The activity is conducted by a group of not fewer than six and not more than eight individuals; and

(2) The activity meets all of the requirements in paragraph (i)(1) through (8) of this section, and the authorized officer determines that the activity satisfies paragraph (k) of this section.

(h) Permit required for filming or still photography activities. Except as provided for in paragraphs (f) or (g) of this section, the authorized officer may require a special use authorization and assess a reasonable fee, consistent with 16 U.S.C. 460l-6d(b), for a filming or still photography activity that:

(1) involves more than eight individuals; or

(2) does not meet each of the requirements in paragraph (i)(1) through (8) of this section. Nothing in this paragraph or paragraphs (f) and (h) shall be construed to authorize filming or still photography in congressionally designated wilderness areas in a manner inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.).

(i) Requirements for filming or still photography activity. The filming or still photography requirements referred to in paragraphs (f), (g), and (h) are as follows:

(1) It is conducted in a manner that does not impede or intrude on the experience of other visitors to the National Forest System lands, and except as otherwise authorized, does not disturb or negatively impact a natural or cultural resource or an environmental or scenic value, and allows for equitable allocation or use of facilities of the National Forest System lands.

(2) it is conducted at a location where the public is allowed.

(3) it does not require exclusive use of a site or area.

(4) It does not occur in a localized area that receives a very high volume of visitation.

(5) it uses only equipment that is carried by the individuals conducting the activity and does not use a set or staging equipment. Handheld equipment such as a tripod, monopod, and handheld lighting equipment is not considered staging equipment for purposes of this paragraph.

(6) it is conducted in compliance with the visitor use policies, orders, practices, and regulations applicable to the National Forest System lands on which the activity occurs.

(7) It is not likely to result in additional administrative costs being incurred by the Forest Service with respect to the filming or still photography activity, as determined by the authorized officer.

(8) It complies with the other applicable Federal, State, and local laws and regulations, including laws related to the use of unmanned aerial equipment.

(j) E-permitting for filming or still photography. The Forest Service shall provide procedures for members of the public to apply for and obtain de minimis use authorizations under paragraph (g) through a public website of the Forest Service and in person at the local field office, including procedures for automated approval of qualifying web applications and immediate issuance of qualifying in-person applications.

(k) Protection of resources. The authorized officer shall not authorize a filming or still photography activity under this section if the authorized officer determines that:

(1) there is a likelihood that the activity would cause resource damage on National Forest System lands, except as otherwise authorized;

(2) the activity would create an unreasonable disruption of the use and enjoyment by the public of National Forest System lands; or

(3) the filming or still photography activity poses a health or safety risk to the public.

(l) Statutory requirements for filming or still photography. Additional guidance for filming or still photography can be found at 16 U.S.C. 4601-6d.

[69 FR 41964, July 13, 2004, as amended at 88 FR 84707, Dec. 6, 2023; 91 FR 13223, Mar. 19, 2026]
Notes of Decisions
Cited in 63 cases (5 in the last 5 years), 1986–2025 · leading case: United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988).
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United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988). · cites it 8× “16548 (May 10, 1988), amending 36 C.F.R. § 251.50 et seq. (1987). It is this second revision of the regulations that defendants contend has not been validly adopted.”
Everett, Frank E. v. United States, 158 F.3d 1364 (D.C. Cir. 1998). · cites it 4× “36 C.F.R. § 251.50 (a) (1998). Under the regulations, “[bjefore engaging in a special use, persons or entities must .”
United States v. Wilson Kane Patzer, AKA Willie Patzer, 15 F.3d 934 (10th Cir. 1993). · cites it 4× “Patzer was found guilty of six counts of outfitting on National Forest Service System (NFSS) lands and two counts of filming big game motion pictures on NFSS lands without a special use authorization, all in violation of 36 C.F.R. §§ 251.50 (a), 261.-10(c) and 261.”
Ctr. for Biological Diversity v. Usfws, 33 F.4th 1202 (9th Cir. 2022). · cites it 3× “See 36 C.F.R. § 251.50 (a) (“Scope. All uses of National Forest System lands, improvements, and resources, except those authorized by the regulations governing .”
High Sierra Hikers Ass'n v. Blackwell, 390 F.3d 630 (9th Cir. 2004). “A special-use permit is the legal instrument by which the Forest Service authorizes commercial services, 36 C.F.R. § 251.50 . The issuance of a specific special-use permit is a final agency action that has an actual or immediately threatened effect sufficient to trigger standing…”
Burlison v. United States, 533 F.3d 419 (6th Cir. 2008). · cites it 2× “The Eighth Circuit held that the “‘special use’ regulations” providing that “[b]efore conducting a special use, individuals or entities must submit a proposal to the authorized officer and must obtain a special use authorization,” 36 C.F.R. § 251.50 (a), give the Forest Service…”
United States v. Backlund, 689 F.3d 986 (9th Cir. 2012). · cites it 2× “See 36 C.F.R. § 251.50 (a); 73 Fed. Reg. at 65,994 (noting that residency that is not reasonably necessary to mining operations “is not an operation for purposes of 36 CFR 228.”
Minard Run Oil Co. v. United States Forest Serv., 670 F.3d 236 (3rd Cir. 2011). “” 36 C.F.R. § 251.50 (a). The Service argues that drill *251 ing by mineral owners in the ANF is a “special use” subject to its approval.”
Black v. Arthur, 18 F. Supp. 2d 1127 (D. Or. 1998). · cites it 3× “*1131 36 C.F.R. §§ 251.50 , 251.51, 251.54, 251.”
Roland C. Dubois & Restore: The North Woods v. United States Dep't of Agric., & Loon Mountain Rec. Corp., 102 F.3d 1273 (1st Cir. 1996). “§ 1604 (e)(1) (1994), and issues “special use” permits authorizing private recreational services on national forest land, 36 C.F.R. §§ 251.50 -.65 (1995). The Forest Service’s exercise of its permitting authority is legally constrained by environmental considerations emanating,…”
Ken McMaster v. United States, 731 F.3d 881 (9th Cir. 2013). “See 36 C.F.R. § 251.50 . Thus, even if McMaster did “own” the structures, he would not have the right to use them, and could be required to remove them.”
Utah Native Plant Soc'y v. U.S. Forest Serv., 923 F.3d 860 (10th Cir. 2019). “" 36 C.F.R. § 251.50 . In particular, § 251.”
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— 36 C.F.R. § 251.50(a) — 1 case
United States v. McClure, 364 F. Supp. 2d 1183 (E.D. Cal. 2005).
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