Forest Service Clarifies When Term Special Use Permits Terminate

The Forest Service issued a clarification of its existing regulation which addresses the impact of a sale of permanent structures authorized under Term Permits. Term Permits are issued to authorize privately owned structures on National Forest System lands. The agency clarified that a sale of the improvements, by itself, does not cause the permit to terminate. Instead, the permit only terminates upon both a sale of the improvements and the issuance of a new permit to the new owner of the improvements. In its clarification, the agency stated that “[t]his revision clarifies that the existing holder is responsible for the authorized use and occupancy until a new authorization is issued.”

The Forest Service’s clarification directly contradicts a standard clause in its Term Permits which states “[a]ny transfer of title to the improvements covered by this permit shall result in termination of the permit.” However, Term Permits also state that they are subject to the provisions of the agency’s regulation. Therefore, notwithstanding the inconsistent clause in the permits, the direction in the regulation as discussed above should prevail.