This article is from last summer, but I just now stumbled onto it. It's about a helicopter landing on an island in the San Juan Islands in Puget Sound in Washington State. The BLM official quoted in the story claimed that "in most cases a permit would be required before an aircraft landed on BLM land".

Is this guy just spreading FUD, or is there a real regulation requiring permits?

http://www.pnwlocalnews.com/sanjuans/js ... 18379.html

Generally speaking, outside of designated wilderness such a restriction on BLM land would be included in a "public land order" for a particular area, published in the Federal Register.

And, GENERALLY, the landing of HELICOPTERS is prohibited unless specifically permitted, even in Alaska. Most agencies distinguish between helicopters and fixed wing aircraft.

In some cases, the language is in the enabling legislation (generally the case in AK) but in the lower 48, it can be in any of several places, including agency specific regs.

In general, landing of helicopters on federal land is PROBABLY going to require a special use permit.

MTV

Have had a little experience with this in Colorado. We found a piece of land-locked BLM property that had tons of elk on it. The surrounding land owner had locked all gates to the property. Asked the BLM manager if we could land an aircraft and he said "That's perfectly legal". Old logging roads on the propert were too rutted to land a fixed wing so had a buddy of mine fly us in in his Jet Ranger. He has a commercial license and runs a business with the helicopter. The big stink came when the BLM suspected that he was flying us on a commercial flight. Since we didn't pay him for anything except pro-rata share of gas there was nothing they could do, but they made it VERY clear that any commercial flight into BLM land HAD to have a permit. Private flights were fine.

The CFR below applies to National Forest, note that it shows (a.) aircraft exempt. I have used this for years to fight the National Forest higher ups here in the Pacific Northwest for landing off airport. It has not failed me yet. I am looking for the same type of proof for landing off airport on BLM lands, it has to be in writting somewhere that we can't because they just can't make it up as they go. The FAA does not care unless they do, the land owner is the one that keeps us from doing it and in this case it is public lands, so where is it in black and white?

Greg

CFR TITLE 36 Sec. 261.13 Motor vehicle use.

After National Forest System roads, National Forest System trails,
and areas on National Forest System lands have been designated pursuant
to 36 CFR 212.51 on an administrative unit or a Ranger District of the
National Forest System, and these designations have been identified on a
motor vehicle use map, it is prohibited to possess or operate a motor
vehicle on National Forest System lands in that administrative unit or
Ranger District other than in accordance with those designations,
provided that the following vehicles and uses are exempted from this
prohibition:
(a) Aircraft;
(b) Watercraft;
(c) Over-snow vehicles;
(d) Limited administrative use by the Forest Service;
(e) Use of any fire, military, emergency, or law enforcement vehicle
for emergency purposes;
(f) Authorized use of any combat or combat support vehicle for
national defense purposes;
(g) Law enforcement response to violations of law, including
pursuit;
(h) Motor vehicle use that is specifically authorized under a
written authorization issued under Federal law or regulations; and
(i) Use of a road or trail that is authorized by a legally
documented right-of-way held by a State, county, or other local public
road authority.

Here is something I found concerning Montana.

http://www.montanapilots.org/legislatio ... ndings.pdf

So....,aircraft and over the snow vehicles, no problemo? Got it covered twice right there

So is that CFR interpreted thats its ok to land on roads and trails that are open to motor vehicles, but not those closed to them? Or does this CFR say that aircraft are except from restrictions?

CFR TITLE 36 Sec. 261.13 Motor vehicle use.

After National Forest System roads, National Forest System trails,
and areas on National Forest System lands have been designated pursuant
to 36 CFR 212.51 on an administrative unit or a Ranger District of the
National Forest System, and these designations have been identified on a
motor vehicle use map, it is prohibited to possess or operate a motor
vehicle on National Forest System lands in that administrative unit or
Ranger District other than in accordance with those designations,
provided that the following vehicles and uses are exempted from this
prohibition:

fern_hopper wrote:So is that CFR interpreted thats its ok to land on roads and trails that are open to motor vehicles, but not those closed to them? Or does this CFR say that aircraft are except from restrictions?

CFR TITLE 36 Sec. 261.13 Motor vehicle use.

After National Forest System roads, National Forest System trails,
and areas on National Forest System lands have been designated pursuant
to 36 CFR 212.51 on an administrative unit or a Ranger District of the
National Forest System, and these designations have been identified on a
motor vehicle use map, it is prohibited to possess or operate a motor
vehicle on National Forest System lands in that administrative unit or
Ranger District other than in accordance with those designations,
provided that the following vehicles and uses are exempted from this
prohibition:

Reading that particular regulation while being purposefully blind to other ones means trouble.

It means (IMO) that for the issue characterized in 36 CFR 212.51 aircraft are exempt from the discussion. It doesn't necessarily mean that aircraft use isn't regulated somewhere else, such as regulations governing management of designated wilderness, regulations covering special resource areas, regulations allowing for Forest Supervisor's Orders to protect certain resource values (as part of a management plan) etc. etc.

For the BLM I think that lands are open until closed as discussed in the posts above before it was resurrected.

I have actually used these CFR's in National Forest against the head guy of it here in Washington State and told him I wanted my ticket and day in court to fight for my rights (after he was a prick). After I sent the email to him showing all the stuff he intentionally left out of his email to me he suddenly did not have much to say, I also included the email from the fsdo here that stated I was not doing anything wrong according to the FAR's. I am probably leaving out some of the information that went back and forth but it has been a while so my mind is less then fresh.

I want to know about BLM regs., I know the Owyhee has been a sticky place on this subject and I want to know if it is a wilderness study area or they just make up their own set of rules. It seems to me that Wilderness Study areas tend to pop up where they don't want aircraft.

G

Mauleguy wrote:I have actually used these CFR's in National Forest against the head guy of it here in Washington State and told him I wanted my ticket and day in court to fight for my rights (after he was a prick). After I sent the email to him showing all the stuff he intentionally left out of his email to me he suddenly did not have much to say, I also included the email from the fsdo here that stated I was not doing anything wrong according to the FAR's. I am probably leaving out some of the information that went back and forth but it has been a while so my mind is less then fresh.

I want to know about BLM regs., I know the Owyhee has been a sticky place on this subject and I want to know if it is a wilderness study area or they just make up their own set of rules. It seems to me that Wilderness Study areas tend to pop up where they don't want aircraft.

G

The Wilderness study area is used by the greenies here to try to remove the snowmobilers from their "special" place... The study area is so easy for them to get listed they abuse it like no tomorrow.... On the other hand those nifty signs they post saying " Wilderness Study Area" make for great traction while hillclimbing some awesome bowls.