Fri Oct 15, 2010 11:56 am
Ok, so I spent a bunch of time on the Code of Federal Regulations website when I should have been working yesterday. I found very few references to aircraft in Title 36 (Parks, Forests, and Public Property) Chapter II (Forest Service, Department of Agriculture). Other than in designated wilderness areas where it specifically states that you cannot use aircraft to do anything other than fly over (including dropping people or supplies - see 293.6), and areas that have special regulations for float plane operations, I can't find anywhere that says that you can't land an aircraft on forest service property. In fact, 36 CFR 212.51 says the following:
" 212.51 Designation of roads, trails, and areas.
(a) General. Motor vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, provided that the following vehicles and uses are exempted from these designations:
(1) Aircraft;
(2) Watercraft;
(3) Over-snow vehicles (see §212.81);
(4) Limited administrative use by the Forest Service;
(5) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;
(6) Authorized use of any combat or combat support vehicle for national defense purposes;
(7) Law enforcement response to violations of law, including pursuit; and
(8) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations."
Federal legaleze is not my specialty, but the way I read that is that aircraft are exempt from the designated classes that restrict vehicle use. Now, with that in mind, read 36 CFR 261.58
"Subpart B_Prohibitions in Areas Designated by Order
Sec. 261.58 Occupancy and use.
When provided by an order, the following are prohibited:
(a) Camping for a period longer than allowed by the order.
(b) Entering or using a developed recreation site or portion
thereof.
(c) Entering or remaining in a campground during night periods
prescribed in the order except for persons who are occupying such
campgrounds.
(d) Occupying a developed recreation site with prohibited camping
equipment prescribed by the order.
(e) Camping.
(f) Using a campsite or other area described in the order by more
than the number of users allowed by the order.
(g) Parking or leaving a vehicle in violation of posted
instructions.
(h) Parking or leaving a vehicle outside a parking space assigned to
one's own camp unit.
(i) Possessing, parking or leaving more than two vehicles, except
motorcycles or bicycles per camp unit.
(j) Being publicly nude.
(k) Entering or being in a body of water.
(l) Being in the area after sundown or before sunrise.
(m) Discharging a firearm, air rifle, or gas gun.
(n) Possessing or operating a motorboat.
(o) Water skiing.
(p) Storing or leaving a boat or raft.
(q) Operating any watercraft in excess of a posted speed limit.
(r) Launching a boat except at a designated launching ramp.
(s) Possessing, storing, or transporting any bird, fish, or other
animal or parts thereof, as specified in the order.
(t) Possessing, storing, or transporting any part of a tree or other
plant, as specified in the order.
(u) Being in the area between 10 p.m. and 6 a.m. except a person who
is camping or who is visiting a person camping in that area.
(v) Hunting or fishing.
(w) Possessing or transporting any motor or mechanical device
capable of propelling a watercraft through water by any means.
(x) Using any wheel, roller, or other mechanical device for the
overland transportation of any watercraft.
(y) Landing of aircraft, or dropping or picking up any material,
supplies, or person by means of an aircraft, including a helicopter.
(z) Entering or being on lands or waters within the boundaries of a
component of the National Wild and Scenic Rivers System.
(aa) Riding, hitching, tethering or hobbling a horse or other saddle
or pack animal in violation of posted instructions.
(bb) Possessing a beverage which is defined as an alcoholic beverage
by State law.
(cc) Possessing or storing any food or refuse, as specified in the
order.
Basically, this is a list of things that the the Chief, each Regional Forester or Forest Supervisor can restrict, but that are not restricted by default. Also, they have to be posted in accordance to 36 CFR 261.50 and 51, which give the rules to posting and where they orders must be posted.
So, the way I see it is that unless the area is posted correctly, you can land your airplane on forest service property as long as you are not in a designated wilderness area, national park, etc. Anyone else find anything different?