C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 261—PROHIBITIONS › Subpart A—General Prohibitions

36 C.F.R. § 261.16

Developed recreation sites

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The following are prohibited:

(a) Occupying any portion of the site for other than recreation purposes.

(b) Building, attending, maintaining, or using a fire outside of a fire ring provided by the Forest Service for such purpose or outside of a stove, grill or fireplace.

(c) Cleaning or washing any personal property, fish, animal, or food, or bathing or washing at a hydrant or water faucet not provided for that purpose.

(d) Discharging or igniting a firecracker, rocket or other firework, or explosive.

(e) Occupying between 10 p.m. and 6 a.m. a place designated for day use only.

(f) Failing to remove all camping equipment or personal property when vacating the area or site.

(g) Placing, maintaining, or using camping equipment except in a place specifically designated or provided for such equipment.

(h) Without permission, failing to have at least one person occupy a camping area during the first night after camping equipment has been set up.

(i) Leaving camping equipment unattended for more than 24 hours without permission.

(j) Bringing in or possessing an animal, other than a service animal, unless it is crated, caged, or upon a leash not longer than six feet, or otherwise under physical restrictive control.

(k) Bringing in or possessing in a swimming area an animal, other than a service animal.

(l) Bringing in or possessing a saddle, pack, or draft animal except as authorized by posted instructions.

(m) Operating or parking a motor vehicle or trailer except in places developed or designated for this purpose.

(n) Operating a bicycle, motorbike, or motorcycle on a trail unless designated for this use.

(o) Operating a motorbike, motorcycle, or other motor vehicle for any purpose other than entering or leaving the site.

(p) Depositing any body waste except into receptacles provided for that purpose.

[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984; 60 FR 45295, Aug. 30, 1995. Redesignated at 70 FR 68291, Nov. 9, 2005; 76 FR 58404, Sept. 21, 2011]
Notes of Decisions
Cited in 9 cases, 1978–2013 · leading case: United States v. Robert W. Unser, 165 F.3d 755 (10th Cir. 1999).
Sort: Relevance Newest Treatment
United States v. Robert W. Unser, 165 F.3d 755 (10th Cir. 1999). · cites it 4× “§ 551 and 36 C.F.R. § 261.16 (a). The maximum penalty for this conduct is a sentence of up to six months of imprisonment, a fine of up to $5,000, or both.”
United States v. Thomas Kriesel, Jr., 720 F.3d 1137 (9th Cir. 2013). · cites it 3× “58 (o)); allowing a pet dog off its leash ( 36 C.F.R. § 261.16 (j)); distributing handbills without permission ( 38 C.”
United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988). “§ 551 ; see also 36 C.F.R. § 261.16 . Available to the Forest Service is an abundance of unchallenged regulations promulgated for the protection of the National Forests and tailored to control the various abuses that the plaintiff fears, and which are wholly unrelated to the…”
Willard S. Walker v. John O. Hoffman, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., & Does I Through X, 583 F.2d 1073 (9th Cir. 1978). “Notice of intention to impound property pursuant to 36 C.F.R. § 261.16 (c) was delivered to appellant on October 2, 1973.”
United States v. Gotchnik, 57 F. Supp. 2d 798 (D. Minnesota 1999). · cites it 2× “except in certain areas, authorizing special use permits for the grooming by snowmobiles of specified cross-country ski trails near existing resorts and use along two designated overland portages running to Canada.”
United States v. David Jon Gotchnik, 222 F.3d 506 (8th Cir. 2000). · cites it 2× “In this consolidated appeal, David Jon Gotchnik, Mark Francis Stepec, Terry Lee Anderson, and Thomas Jay Anderson (appellants) appeal from their convictions in district court 2 for using motorboats and *508 motor vehicles in a wilderness area in violation of 36 C.F.R. § 261.16…”
United States v. David Jon Gotchnik, United States of Am. v. Mark Francis Stepec, United States of Am. v. Terry Lee Anderson, United States of Am. v. Thomas Jay Anderson, United States of Am. v. David Jon Gotchnik, 222 F.3d 506 (8th Cir. 2000). · cites it 2× “1 In this consolidated appeal, David Jon Gotchnik, Mark Francis Stepec, Terry Lee Anderson, and Thomas Jay Anderson (appellants) appeal from their convictions in district court 2 for using motorboats and motor vehicles in a wilderness area in violation of 36 C.F.R. 261.16(a). We…”
United States v. Unser (10th Cir. 1999). · cites it 3× “§ 551 and 36 C.F.R. § 261.16 (a). The maximum penalty for this conduct is a sentence of up to six months of imprisonment, a fine of up to $5,000, or both.”
United States v. Ellison, 112 F. Supp. 2d 1234 (D. Colo. 2000). “§ 551 and 36 C.F.R. § 261.16 (a). See id. The Court held that the violation was a public welfare offense and, thus, required no mens rea for conviction.”
— 36 C.F.R. § 261.16(a) — 1 case
United States v. David Jon Gotchnik, United States of Am. v. Mark Francis Stepec, United States of Am. v. Terry Lee Anderson, United States of Am. v. Thomas Jay Anderson, United States of Am. v. David Jon Gotchnik, 222 F.3d 506 (8th Cir. 2000). “1 In this consolidated appeal, David Jon Gotchnik, Mark Francis Stepec, Terry Lee Anderson, and Thomas Jay Anderson (appellants) appeal from their convictions in district court 2 for using motorboats and motor vehicles in a wilderness area in violation of 36 C.F.R. 261.16(a). We…”
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