Sun Dance
02-21-2012, 10:56 PM
There's been quite a bit of discussion going on about the ramifications of this decision over at http://www.nwhikers.net today. I'll give the link and the first post here,then let you read on from there if you're interested.
I wonder if this will ever trickle down to our forests in Utah? I tell you what, those government entities up in Washington absolutely rape their people when it comes to regular taxation, let alone double taxation in the case of using public lands. We have it pretty good here.
Would this potentially mean not having to pay to stop on the Alpine Loop, or to hike Timp? That might be more trouble than it's worth, given the Saturday crowds up there.
http://www.nwhikers.net/forums/viewtopic.php?t=7996748&postdays=0&postorder=asc&start=0
vibramhead:
On Feb. 9, the U.S. Court of Appeals for the Ninth Circuit ruled that the Forest Service couldn't charge a fee for simply parking at a trailhead and hiking. The Forest Service's authority to charge fees is limited by the Federal Lands Recreation Enhancement Act, which prohibits charging fees to persons who simply park at a developed site without using any amenities, but only walk through it to hike trails. You can read the decision here: http://www.ca9.uscourts.gov/datastore/opinions/2012/02/09/10-16711.pdf
The Forest Service may only charge a fee for use of sites that contain all of the following amenities: permanent toilet; permanent trash receptacle; developed parking; interpretive sign or kiosk; picnic table; and security services. But, if you're not using any of these amenities, and you're simply walking through, FS has no authority to charge you for parking there. The court rejected Forest Service's argument that it could charge a fee simply for making the amenities available, stating that the law "clearly contemplates that individuals can go to a place offering facilities and services without using the facilities and services and without paying a fee." The court also rejected Forest Service's argument that it could charge a fee for picnicking in undeveloped areas that are "in the vicinity" of developed sites.
The case involved fees charged on the Coronado National Forest in Arizona, but the ruling applies to all national forests within the Ninth Circuit, which includes Arizona, California, Oregon, Washington, Alaska, Idaho & Montana. Consequently, it appears to me that, if all you're doing is parking at a trailhead, you don't need a Northwest Forest Pass. Just don't use the restroom, toss anything in the trash can, sit down at a picnic table, or read the interpretive signs.
I wonder if this will ever trickle down to our forests in Utah? I tell you what, those government entities up in Washington absolutely rape their people when it comes to regular taxation, let alone double taxation in the case of using public lands. We have it pretty good here.
Would this potentially mean not having to pay to stop on the Alpine Loop, or to hike Timp? That might be more trouble than it's worth, given the Saturday crowds up there.
http://www.nwhikers.net/forums/viewtopic.php?t=7996748&postdays=0&postorder=asc&start=0
vibramhead:
On Feb. 9, the U.S. Court of Appeals for the Ninth Circuit ruled that the Forest Service couldn't charge a fee for simply parking at a trailhead and hiking. The Forest Service's authority to charge fees is limited by the Federal Lands Recreation Enhancement Act, which prohibits charging fees to persons who simply park at a developed site without using any amenities, but only walk through it to hike trails. You can read the decision here: http://www.ca9.uscourts.gov/datastore/opinions/2012/02/09/10-16711.pdf
The Forest Service may only charge a fee for use of sites that contain all of the following amenities: permanent toilet; permanent trash receptacle; developed parking; interpretive sign or kiosk; picnic table; and security services. But, if you're not using any of these amenities, and you're simply walking through, FS has no authority to charge you for parking there. The court rejected Forest Service's argument that it could charge a fee simply for making the amenities available, stating that the law "clearly contemplates that individuals can go to a place offering facilities and services without using the facilities and services and without paying a fee." The court also rejected Forest Service's argument that it could charge a fee for picnicking in undeveloped areas that are "in the vicinity" of developed sites.
The case involved fees charged on the Coronado National Forest in Arizona, but the ruling applies to all national forests within the Ninth Circuit, which includes Arizona, California, Oregon, Washington, Alaska, Idaho & Montana. Consequently, it appears to me that, if all you're doing is parking at a trailhead, you don't need a Northwest Forest Pass. Just don't use the restroom, toss anything in the trash can, sit down at a picnic table, or read the interpretive signs.