Joined: 30 Jul 2008
Posts: 918 | TRs | Pics
Location: on a great circle route
When they ask you for $50 to use public lands - you can tell them to go pound sand!
Retired FS guy here….long time dealing with Special Use Permits - and Ski Areas, specifically - for many years.
Ski Areas operate under a Special Use Permit, which is not a lease. One of the standard Clauses in ANY Sp. Use Permit is a ‘boilerplate’ clause that says something like…“the area included in this Permit is NOT exclusive. Public use is allowed, unless it interferes with rights and activities authorized by this permit.” I’m paraphrasing.
So - yes, they can prohibit IF your use might limit or interfere with their permitted use. Does your uphill travel at night interfere with their need to groom trails at night?….maybe…? Should the run(s) be closed?….possibly.
But in any case, such closure would HAVE to be backed by a Closure Order. Permit holders, like a ski area, have NO authority to ‘close’ anything. In order for any area of public land to be closed - even inside a permit area boundary like a ski area - there HAS to be a Closure Order signed by the Forest Supervisor. There may well be one….its worth looking into. These ‘closure orders’ are public documents, easily available.
The ski area may try to buffalo you and say ‘this area is closed by our permit’…or ‘by our operating plan’…or ‘by our Master Plan’ approved by the FS. Also, don’t accept the Ski Area explanation of…“State Law says…”, or…”County Ordinance # says….”. That’s all BS, too.
Again, there is only ONE WAY any public land is closed to the public; by a Closure Order. Ask to see it - the local Ranger District will certainly have a copy. There may be one for the situations listed here. If so, it will/should specify exactly WHAT area is closed, and to WHICH uses/users, and WHAT exact time periods.
That's the way it works when land is leased out. They can set the rules.
|They still want me to pay $50 to use public lands.
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