C.F.R. » Title 36 » CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR › PART 5—COMMERCIAL AND PRIVATE OPERATIONS

36 C.F.R. § 5.7

Construction of buildings or other facilities

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Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon across, over, through, or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited.

Notes of Decisions
Cited in 5 cases, 1996–2017 · leading case: United States v. Garfield Cnty., 122 F. Supp. 2d 1201 (D. Utah 2000).
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United States v. Garfield Cnty., 122 F. Supp. 2d 1201 (D. Utah 2000). · cites it 35× “1 (a) (2000), including 36 C.F.R. § 5.7 , which reads: Constructing or attempting to construct a building or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over,…”
S. Utah Wilderness All. v. Bureau of Land Mgmt., 425 F.3d 735 (10th Cir. 2005). · cites it 2× “4 In drawing the line between routine maintenance, which does not require consultation with the BLM, and construc *749 tion of improvements, which does, we endorse the definition crafted by the district court in Garfield County : Defined-in terms of the nature of the work,…”
High Point, LLLP v. Nat'l Park Serv., 850 F.3d 1185 (11th Cir. 2017). “36 C.F.R. § 5.7 . In addition, as a matter of policy, the Park Service manages potential wilderness areas on Cumberland Island as wilderness to the extent possible.”
So. Utah Wilderness v. BLM (10th Cir. 2005). · cites it 2× “4 In drawing the line between routine maintenance, which does not require consultation with the BLM, and construction of improvements, which does, we endorse the definition crafted by the district court in Garfield County: Defined in terms of the nature of the work,…”
United States v. Morgan (4th Cir. 1996). “Morgan pleaded guilty to construction of a road across National Park property, in violation of 36 C.F.R. § 5.7 (1995), and the destruction of natural resources by cutting down twenty trees, in violation of 36 C.”
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