Forum Index > Public Lands Stewardship > State landlocks federal land with Discover pass
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Ranger Smith
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PostMon Jul 09, 2012 1:05 pm 
I found an area on the GP I wanted to explore but the only road into the area crosses State land and has signs stating " Discover Pass required". I called down to Olympia and asked if I needed a pass to access this Federal land and was told, " Oh yes, you must have a pass even if driving through without stopping". mad.gif

I'm a man, I can change, if I have to, I guess.
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silence
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PostMon Jul 09, 2012 4:06 pm 
that's gotta be total bs .. if you are traveling thru to federal land and not parking to hike on state land ..

PHOTOS FILMS Keep a good head and always carry a light bulb. – Bob Dylan
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caseynw
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PostMon Jul 09, 2012 4:11 pm 
Maybe someone should put up some discover pass required signs around their office building. biggrin.gif

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Schroder
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PostMon Jul 09, 2012 4:35 pm 
I'm sure there's lots of private land that can only be accessed through DNR land too. This is one reason why I opposed this law from the beginning.

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silence
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PostMon Jul 09, 2012 4:41 pm 
Schroder wrote:
I'm sure there's lots of private land that can only be accessed through DNR land too.
So .. you're saying this is the law? Unbelievable!!! I have yet to buy a Discover Pass ... and don't plan on it .. There are places on the Olympic Peninsula where you have to drive thru DNR land to get to the Park .. damn if I'm going to buy a Discover Pass too .. who would be checking anyhow?

PHOTOS FILMS Keep a good head and always carry a light bulb. – Bob Dylan
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Ranger Smith
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PostMon Jul 09, 2012 5:00 pm 
silence wrote:
that's gotta be total bs .. if you are traveling thru to federal land and not parking to hike on state land ..
Yep, that was my plan. I have to cross State land as it is the only road that accesses the area of Federal land I wish to check out. No stopping, no dilly-dallying, nada, just drive on through.

I'm a man, I can change, if I have to, I guess.
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silence
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PostMon Jul 09, 2012 5:12 pm 
has this been challenged in court? it seems logical that the state can't deny access (albeit charge a fee) to federal land

PHOTOS FILMS Keep a good head and always carry a light bulb. – Bob Dylan
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Eric
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PostMon Jul 09, 2012 5:14 pm 
I would have to imagine that this will get litigated or changed at some point. It is possible that there may not be a ROW to the land in question but in general if there is some sort of pre-exiting agreement to allow a ROW it is hard to fathom that they could still apply a fee to use that ROW. Dunno, IANAL but it seems dubious. Obviously it is up to you what to do. If it were me, I would drive the road sans pass. If by some minute chance you got pulled over I think that stating that your intent was just to pass through to USFS land would be reasonable enough to have you let off by the enforcement person with just a verbal warning rather than a ticket. The risk just seems pretty small. Silly discover pass.

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onemoremile
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PostMon Jul 09, 2012 5:25 pm 
I also didn't think they could do this. That they have to allow access to other property. I think I did read one time the only way they can require a DP for the travel through is if State Parks or DNR is the only entity that maintains/builds the road.

“Arbolist? Look up the word. I don’t know, maybe I made it up. Anyway, it’s an arbo-tree-ist, somebody who knows about trees.” G.W. Bush
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Slugman
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PostMon Jul 09, 2012 5:50 pm 
Yeah, the Discover pass has nothing to do with hiking or parking, it's about just being on the land with a vehicle, at least as far as DNR land. Drive-throughs need the pass. I'm not sure what legal basis would overturn this. What if the DNR closed a whole area? Then there would be no through access for anyone to anywhere. Besides, a requirement to buy a pass is not the same as refusing access, IMO.

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509
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PostMon Jul 09, 2012 7:03 pm 
Check with the county to see who OWNS the road. The DNR land next to my house is bisected by county and FS owned road. So far I have not seen a Discover Pass sign on the road so maybe DNR is aware of which roads they own. But I am skeptical. So since my car is parked in MY driveway. Do I need to display Discover Pass in the car when I hike onto the DNR land??

Retired Forester....rambling round www.usbackroads.blogspot.com
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jackchinook
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PostMon Jul 09, 2012 7:10 pm 
Slugman, I know over here that the Okanogan NF typically has a legal easement for roads accessing NF allowing various levels of access. This may include regular access for all sorts of reasons, occasional logging access, admin access only, etc. Perhaps some allowance for public access? As an example, there are roads that cross the Methow Wildlife Area (WDFW land) that are allowed under an easement and maintained (or not) by the FS. Given that WDFW doesn't work on those roads and they're FS system roads, I'd be amazed if enforcing the Disco on it would stand. Granted an enforcement officer might have no idea of this arrangement. You might call the local ranger station or Forest HQ and see which have public access rights over the DNR.

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Ranger Smith
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PostMon Jul 09, 2012 7:21 pm 
jackchinook wrote:
You might call the local ranger station or Forest HQ and see which have public access rights over the DNR.
Got an e-mail into them. I just wonder if they will respond to such a controversial question.

I'm a man, I can change, if I have to, I guess.
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LandRover
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PostMon Jul 09, 2012 8:30 pm 
Doesn't Hwy 410 travel through the Federation Forest State Park? Do you need a Discover Pass to drive through that area?

"How come dumb stuff seams so smart when you're doing it" David Crockett
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John Mac
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PostMon Jul 09, 2012 9:03 pm 
I usually have better luck begging for forgiveness than asking for permission.

How miserable are the idle hours of the ignorant man. Ariosto
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