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MS Word Document - US Forest Service - Caring for the land and

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MS Word Document - US Forest Service - Caring for the land and

     2709.11_40 Page 1 of 31

    FOREST SERVICE HANDBOOK

    SHOSHONE NATIONAL FOREST (REGION 2)

    CODY, WYOMING

    FSH 2709.11 SPECIAL USES MANAGEMENT

    CHAPTER 40 SPECIAL USES ADMINISTRATION

Supplement No.: 2709.11-2005-1

Effective Date: September 15, 2005

Duration: This supplement is effective until superseded or removed.

Approved: BECKY AUS Date Approved: August 31, 2005

     Forest Supervisor

    Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove entire document and replace it with this supplement.

    Retain this transmittal as the first page(s) of this document. The last supplement to this

    Handbook was supplement 2709.11-2002-1 to 2709.11, 36.8.

    2709.11_40 30 Pages New Document(s):

    None Superseded Document(s) by

     Issuance Number and

     Effective Date

Digest:

    41.23 - Revises previous Forest direction on the administration of recreation residence authorizations.

SNF SUPPLEMENT 2709.11-2005-1 2709_40 EFFECTIVE DATE: Page 2 of 31 DURATION: This supplement is effective until superseded or removed.

    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Recreation Residence Use

The following exhibit shows the Shoshone Forest Management Standards for Recreation

    Residences:

    41.23 Exhibit 01

    Recreation Residences

    Shoshone National Forest

     Contents Page

Introduction 4

    Definition of Recreation Residence 5

    Permits 5

    General Permit Requirements 6

    Transfer of Improvements/Issuance of New Permit 7

    Destruction/Abandonment/Termination 9

    Use of the Permitted Area 11

    Public Use 11

    Subleasing/Rental 11

    Permitted Structure/Improvements 12

     1. General 12

     2. Authorized Structures 12

     3. Plans 13

     4. Size 14

     5. Decks, Appurtenances, and Minor Improvements 14

     6. Utilities 15

    Improvement Standards 15

     1. General 15

     2. O&M Plan 17

     3. Signing 17

     4. Construction Standards 17

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

     5. Colors 19

     6. Hazard Trees 19

     7. Landscaping 20

     8. Foot bridges 20

     9. Lot Line, Setback 20

     10. Roads and Bridges 21

     11. Gates 21

     12. Off-lot Improvements 22

     13. Fences 22

     14. Culinary Water Systems 22

     15. Public Access Delineation 22

     16. Livestock 22

     17. Appearance 23

     18. Sanitation 23

     19. Food and Attractant Storage 23

    Inspections 24

    Glossary 25 Appendix A: Application to Sublease 29 Appendix B: Permit Modification Process 30 Appendix C: Other Forest Service References 31

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    Standards for Recreation Residences

    Shoshone National Forest

Introduction

    Managing recreation residences on the Shoshone National Forest (SHNF) will be in accordance with the current Shoshone Forest Management Standards for Recreation Residence Guidelines. The most current copy of this document will be posted on the Shoshone intranet website at http://fsweb/rec/sho_mgmnt_stds.doc.

    Deviations from these standards will require Forest Supervisor approval.

    These guidelines have been prepared by the Shoshone National Forest to explain the framework of rules under which recreation residence special use permits are administered. Most of the policies and guidelines listed below are excerpts from the recreation sections of the Forest Service Manual (FSM) and Forest Service Handbook

    (FSH). Relevant sections from the manual are included in the appendix.

    Since the occupancy of recreation residences must contain safeguards to protect the public land, permits issued for this use contain stipulations that assist in reaching that goal. The following section is intended to help promote an awareness and understanding of the special use administration standards by which this Forest operates.

    The contact person for special use administration is normally the District Special Use Administrator or Recreation Staff Officer. Feel free to call them any time you have questions about your cabin or your permit. Addresses and phone numbers for the Forest Supervisor’s Office and the District Ranger Offices are listed below.

Forest 808 Meadow Lane, Cody, Wyoming 82414 307-527-6241

    Supervisor’s

    Office

    North Zone 203A Yellowstone Avenue, Cody, Wyoming 82414 307-527-6921

Washakie 333 East Main Street, Lander, Wyoming 82520 307-332-5460

Wind River 1403 W. Ramshorn, Dubois, Wyoming 82513 307-455-2466

    41.23 Exhibit 01Continued

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

Definition of Recreation Residence

    Recreation residences in the National Forest were established to provide a forest

    recreation experience. In order to ensure that the recreation intent is maintained,

    it is required that the recreation residence not be used to the exclusion of a home

    elsewhere. A home elsewhere can be a house, apartment, mobile home, or

    other reasonable domicile either owned or rented and must be open and

    available to the permittee at all times. It cannot be simply an address used in the

    pretense of a home elsewhere. It must be a place where the permittee routinely

    receives mail, is registered to vote, where children attend school, and from where

    the permittee normally commutes to work.

    There is no limit on the length of stay in a recreation residence. However, the

    above criteria make it clear that a permittee is not allowed to utilize the residence

    continually for 12 months a year. The recreation residence should be utilized at

    least 15 days per year by the permittee to ensure that the privilege granted by

    the permit is exercised and the continued exclusive use of public land is justified.

Guidelines for Recreation Residences

    The recreation residence is used for personal recreation only. It cannot be used commercially in any way. Permittees may not use the recreation residence as a place from which they routinely commute to work on a full time basis, nor may their relatives, guests, or renters. No business of any form may be conducted from a recreation residence. Some typical examples that would be prohibited are real estate sales, firewood sales, carpentry and repair services, and snowmobile rental.

Permits

    The subject of permits has been an area of some confusion for cabin owners and others over the years. Following is a listing and description of the primary permits, which are related to recreation residence use.

    1. Term Special Use Permit for Recreation Residence (form 2700-18, 11/72)

    This is a Term Special Use Permit that was modified and adapted to fit the

    specific requirements and conditions relating to recreation residence

    authorizations. This permit is the one most familiar to current cabin owners, as

    it was in use for many years before being superseded by the most recent

    revision, in 1989 (see following item).

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    2. Term Special Use Permit for Recreation Residences (Form 2700-18, 5/89)

    The 1989 permit is the most recent revision of the recreation residence permit

    and is the one currently being issued to new permittees and for reissuance of

    existing permits on the Shoshone National Forest. This permit was an

    outgrowth of the Chief’s proposed new national policy for recreation residences,

    and it contains many provisions and conditions requested by permittee

    organizations. As a result of the appeals that have delayed implementation of

    new policy, it is likely that this latest permit will undergo some additional

    modifications before a final version is approved. In the meantime, the 5/89

    version of Form 2700-18 will be used for new permittees and for renewal of

    existing permits.

    3. 99 Year Lease

    The so-called “99 year lease” is mentioned here only because the term has

    been much discussed and misunderstood over the years. Many permittees

    have had (and some still do) the mistaken impression that their permit is a 99-

    year lease. Actually, there is not, and never has been, an instrument in the

    Forest Service known as a “99 year lease” – and it is uncertain exactly where

    this idea originated. Apparently, the “99 year lease” was not an uncommon

    practice on private land in the early part of the century, and some such leases

    for summer homes and subdivisions do exist on private land in the foothills and

    mountain areas. It is possible that these areas, because of their location

    adjacent to or near National Forest land became associated, in the view of

    some permittees, with National Forest recreation residence tracts.

General Permit Requirements

    Permittees may on occasion ask, “Why have inspections?” or “Why so many rules and policies?” It is intended to administer the recreation residence permit in a manner that will maintain a forest-related recreation experience for the permittee and the public and to prevent that experience from being significantly lessened by the presence of human improvements.

    The regulations and conditions governing the use, maintenance and reconstruction of recreation residences are those necessary to comply with state, county, and local ordinances, building and sanitation codes, and to safeguard the interest of the general public in the National Forests. Restrictions and special rules are designed to fit local conditions, and their objectives are to:

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    1. Prevent urbanization of recreation residence tracts by limiting the addition of

    small improvements. To achieve this objective, we have limited the size of

    structures and number of buildings allowed per lot.

    2. Help assure the safety of the permittees and the general public.

    3. Protect the forest environment from degradation as a result of encroachment of

    city type development, such as bright colored buildings, T.V. antennas,

    elaborate ultra modern structures, urban landscaping, or cabins that turn into

    shacks due to poor maintenance and an accumulation of junk around them.

    4. Protect the forest environment including soil, vegetation, water, wildlife, and air

    quality.

5. Comply with the meaning and intent of the special use permit.

    6. Comply with the Act of March 4, 1915, the legislation, which authorized use and

    occupancy of National Forest land for recreation purposes such as summer

    homes, stores, and resorts.

    7. Comply with the 1966 National Historic Preservation Act, by recording and

    protecting historic values associated with eligible summer homes, some of

    which may be prime examples of a style of vernacular architecture or of a

    traditional recreation lifestyle.

    Transfer of Improvements and Issuance of New Special Use Permits

1. General conditions requiring the issuance of new permits are:

    (a) Transfer or sale of improvements.

    (b) Adding or removing a name from the permit as the result of death or

    divorce or for personal reasons.

    2. Sale of a recreation residence on National Forest land involves a sale of only

    the structures thereon. The sale value of your improvements will depend

    upon how you maintain them.

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    3. Authority to use the land occupied by the improvements is granted by a special use permit signed by the District Ranger. This permit itself is not transferable. It must be terminated and a new permit issued. A recreation residence special use permit grants the use of specific lot for recreation-related residential purposes for a definite period of time.

    4. Issuance of a new special use permit may be requested by a permittee desiring to sell his cabin. However, issuance of the new permit is not automatic. Limitations and different requirements brought about by 50 years of changes in public needs and demands may be incorporated in permits to new owners. Issuance of the new permit will then be subject to acceptance of these terms by the new owner.

    Prospective buyers and sellers of improvements should personally contact the District Special Use Administrator to find out under what conditions a new permit will be approved. A conditional sales agreement or escrow instructions could provide that the permit be available for the buyer’s inspection prior to closing the purchase.

    5. The District Special Use Administrator should be informed of contemplated sales involving the recreation residence. The seller and buyer must execute the combined relinquishment/application form. This is a formal notice to the District Ranger of an intention to sell and a request that the permit be terminated and a new one issued to the buyer. In addition, a Bill of sale or other proof of ownership must be submitted. A service fee will be charged for the permit transfer.

    6. Upon receipt of the completed relinquishment and application form the District Office will arrange for an inspection of the recreation residence and recommendations for a new permit may be made subject to the correction or improvement of any substandard condition(s) noted. The new permit may be withheld pending the satisfactory completion of major unsatisfactory conditions. If only minor corrections are needed, a time schedule may be agreed upon for completion of these items. Acceptance by the new owner will be necessary to validate the permits.

    7. Sales of improvements that are part of an estate require submission of evidence that the person signing the relinquishment is the legal heir, administrator, or executor of the estate.

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    FSH 2709.11 SPECIAL USES HANDBOOK

    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    8. Permits are issued in the name of one individual, to a husband and wife, or to a

    Family Trust. Existing permits that were not issued to an individual or

    husband and wife will be revised at the first opportunity so that the

    responsible individual is identified.

    9. No more than one recreation residence will be issued to single family (husband,

    wife, dependent children).

    10. The new permittee must meet with the district Special Use Administrator and go

    over the terms and conditions of the permit prior to signing it.

    11. A conditional sales contract protects the seller and is recognized by the Forest

    Service to the extent that in the event of default of contract, the permit to the

    buyer who defaults will be terminated and new permit issued to the person

    showing legal right of possession. The permit is a privilege granted to an

    individual. The seller cannot assure the buyer that the privilege of occupying

    National Forest land will be continued.

    12. Use of National Forest land for facilities such as roads and pipelines requires

    either authorization as part of your recreation residence permit or as a

    separate permit.

    13. A recreation residence permit holder must be an individual, a married couple, or

    a designated representative of a formally established living or family trust.

    The holder of the permit must be able to demonstrate ownership of the

    authorized improvements. When the holder is a designated representative of

    a family trust or living trust, the holder must be able to demonstrate ownership

    of the authorized improvements in the name of the trust that they are

    representing.

Destruction, Abandonment, Termination, and Future Use

    The Shoshone National Forest will manage recreation residences in accordance with Forest Service Manual and Forest Service Handbook direction. These policies

    recognize the need to provide for public safety, to protect forest resources, and to balance the growing needs for all National Forest resources.

    1. Destruction Upon substantial destruction of a residence by fire or natural

    causes (falling trees, limbs, avalanches, landslides, etc.), the permittee will be

    given the following options:

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    CHAPTER 40 SPECIAL USES ADMINISTRATION

    41.23 Exhibit 01--Continued

    (a) The permittee may rebuild a residence on the lot if the authorized officer

    determines that the site can be safely occupied and that re-building will

    be allowed. Plans must be approved to the Forest Service, the County,

    and others (where appropriate). The building must be completed within

    two years.

    (b) Or, the permittee may elect to abandon the residence, in which case the

    permit will terminate after the Forest Service has received written

    notification of abandonment and given written agreement to the request.

    The permittee will be responsible for removal of the improvements and

    restoration of the site.

    (c) Or, the permittee may elect to sell the partial residence remaining on

    the lot. In this case, the Forest Service will review the site and write an

    inspection outlining work to be completed and a corresponding time

    schedule.

    In no case will separate structures (guest houses, garages, etc.) be

    allowed to be rebuilt.

    2. Abandonment Upon abandonment of improvements, the permittee will be notified of the termination of the permit. The permittee will be informed of their obligation under the permit to restore the permitted site to its natural condition. A 6-month time limit will normally be given, subject to weather conditions.

    3. Termination / Future Uses

    (a) All residences within tracts will be on common termination dates.

    (b) Term recreation residence permits are issued for a specific period of

    time and provide for reimbursement as outlined in the permit, should

    public interest require termination of the permit during the term period.

    (c) There is no guarantee, implied or intended, that a new permit will be

    issued at the end of any currently existing term permit. Prospective

    permittees should realize the necessity of amortizing any personal

    investment during the period of the permit.

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