Board of Directors

Tracts

Issues

Newsletters

Meetings

Resources

Home

Compliance Review: Recreation Residence Permit Issue-Sierra National Forest-

Background

On the Sierra National Forest, Recreation Residence Term Special-Use Permits (permits) expire on December 31, 2008. The Compliance Review is the process of reviewing the improvements and use of the lot to insure that use is in compliance with the terms and conditions of the existing permit.

The review process follows the direction in Forest Service Manuals (FSM) 2300 Recreation Management and 2700 Special Use Management; and Forest Service Handbook (FSH) 2709.11 Special Use Handbook, and the Pacific Southwest Region (R5) Supplement 2709.11, 2000-1.

Current Situation

The Sierra National Forest has developed checklists to aid in the review of all 555 recreation residence lots. The field reviews will occur during the 2004 and 2005 field seasons.

Future Challenges/Management Opportunities

Permit discrepancies and unauthorized improvements will be dealt with on a case by case basis. Improvements may be removed, conditionally authorized until an opportunity for removal is presented, or authorized under a specific criteria. Authorized improvements are those that appear on the face page of the current permit. If improvements are not identified on the face page of the current permit, some type of documentation is required to show that the improvement was previously authorized.

In most cases, minor unauthorized improvements will need to be removed by the permit holder. These items may include but are not limited to: bird baths, gardens, fences, permanent clotheslines, and sprinkler systems.

Conditionally authorized improvements could be allowed to remain until an opportunity for removal presents itself. These items could include, but are not limited to: second structures, garages, sheds, rock walls, barbecues, and oversized decks. An opportunity for removal could include the sale of the cabin, remodel or destruction of the main structure, or destruction of the conditionally authorized improvement.

Other improvements which may be authorized include structures or areas determined to have historical or cultural significance.

If you have any questions, please contact Cynthia Whelan, Assistant Lands Officer at (559) 297-0706 extension 4931, or via e-mail at cwhelan@fs.fed.us.

Prepared by Dave Taylor
January 12, 2004

Return to Top

Consistency Finding for 20
Recreation Residence Tracts

Background: In November 2003, Darrel Kenops, Acting Forest Supervisor, determined the 20 recreation residence tracts located on the Sierra National Forest (SNF) are consistent with the direction, management prescriptions, standards and guidelines contained in the 1992 SNF Land and Resource Management Plan (Forest Plan). The Forest plan, as amended by the 2001 Sierra Nevada Forest Plan Amendment (SNFPA), was also reviewed and tracts were found to be consistent with management practices stipulated in the SNFPA. This process was called the Consistency Review (Review). A copy of the Review is available at the Sierra National Forest Supervisor’s Office, 1600 Tollhouse Road, Clovis, CA, 93611.

Current Situation: The Consistency Review demonstrated that the recreation residence program and the 20 recreation residence tracts located on the Sierra National Forest are consistent with the management practices described in the LRMP, as amended by the Sierra Nevada Forest Plan Amendment. This review completes the first step in the process to issue new 20-year Recreation Residence Term Special-Use Authorizations (permits) to recreation residence permit holders.

Future Challenges/Management Opportunities: The Forest’s next step is to complete the Continuation Determination that includes the environmental analysis and documentation. The SNF will begin the analysis process with a public information meeting on January 24, 2004. Written comments for this first stage are due to the Sierra National Forest by February 24, 2004. Comments received will be used to identify issues and concerns that will be part of the environmental analysis. The Forest will also complete field reviews and studies, and write an Environmental Assessment that will display the analysis. Prior to a final decision, the public will be given the opportunity to review the Environmental Assessment and provide comments.

Many permit holders have asked how they can help in facilitating the issuance of their new permits. The most beneficial action for holders to take is to resolve any compliance deficiencies identified on their lots to come back into compliance with the terms and conditions of their existing permits. Any support that can be provided to meet this objecting will help expedite the issuance of new permits.

If you have any questions, please contact Cynthia Whelan, Assistant Lands Officer, and Rec Res Interdisciplinary Team Leader, at (550) 297-0706 extension 4931; or you may contact her via e-mail at cwhelan@fs.fed.us.

Prepared by cwhelan@fs.fed.us, 1/23/2004

Return to Top

Continuation Determination-Recreation Residence

Background: The Forest Supervisor determined in November of 2003, the 20 recreation residence tracts on the Sierra National Forest are consistent with the direction, management prescriptions, standards and guidelines contained in the Sierra National Forest Lane and Resource Management Plan, as amended.

National Environmental Policy Act direction in Forest Service Handbook 1909.15,41 requires an environmental analysis be conducted to determine the effects of issuing new Tern Recreation Residence Special-Use Permits.

Current Situation: During the Continuation Determination Process the Sierra National Forest will analyze the environmental impacts of issuing 20-year Term Special-Use Permits for the Recreation Residences located on the Forest. The Forest Supervisor has assigned an Interdisciplinary Team of specialists to review existing conditions and evaluate environmental impacts of continued use and occupancy of the recreation residence lots. The Team consists of an Archaeologist, Botanist, Wildlife Biologist, Hydrologist, three Recreation Specialists, and Recreation Residence Permit Administrators. At the conclusion of the analysis, the Forest Service will prepare an Environmental Assessment (EA) in compliance with the National Environmental Policy Act.

Public comments will be requested at the beginning of the process and after the completion of the environmental analysis, prior to a final decision.

Future Challenges/Management Opportunities

ISSUING NEW TERM PERMITS-Upon the completion of the EA, a decision can be made to issue new 20-year term permits. Each permit holder will receive a letter in early 2007, stating whether a new permit will be issued, or if not, why the permit will not be issued and what steps are available to the holder. Example: The letter will state that the permit will not be issued UNLESS the holder performs some type of mitigating work. During the assessment, all aspects of the cabins will be examined. If there are adverse impacts assessed, mitigation measures will be developed, where possible, to allow the permit to be issued. Those mitigation measures will, in all probability, need to be done by the permit holders. Permit holders must be in compliance with the terms and conditions of their current term permit prior to the issuance of the new term permit (FSH 2709.11,41.23a,3).

If you have any questions, please contact Cynthia Whelan, Assistant Lands Officer, and Rec Res Interdisciplinary Team Leander, at (559) 297-0706 extension 4931; or you may contact her via e-mail at cwhelan@fs.fed.us.

Prepared by : C. Whelan, 1/23/2004

Return to Top

Cost Recovery-Special Use Authorizations

Background

The Forest Service proposes to promulgate regulations for recovering costs associated with processing applications for special use authorizations to use and occupy National Forest System lands and monitoring compliance with these special use authorizations. The provisions of this proposed rule would apply to applications and authorizations for use of National Forest System lands, including situations in which the land use fee may be waived or exempted, such as facilities financed or eligible to be financed with a loan pursuant to the Rural Electrification Act of 1936 and applications and authorizations involving Federal, State, and local government entities. The provisions of this proposed rule would not apply to applications and authorizations for noncommercial group uses and other uses specifically exempted. In addition, the provisions of this proposed rule would not apply to those applications or authorizations for which processing and/or monitoring fees already are being collected by another Federal agency on behalf of the Forest Service.

Current Situation

On November 24, 1999, the Department of Agriculture, Forest Service, published proposed regulations for recovering costs associated with processing applications for special use authorizations to use and occupy National Forest System lands and monitoring compliance with these special use authorizations. The provisions of this proposed rule would apply to applications and authorizations for use of National Forest System lands. The Forest Service held seven public meetings to present information on the proposed cost recovery regulations.

If you have any questions, please contact Cynthia Whelan, Assistant Lands Officer, at (559) 297-0706 extension 4931; or you may contact her via e-mail at cwhelan@fs.fed.us.

Prepared by C.Whelan
1/23/2004

CUFFA-CABIN USERS FEE FAIRNESS ACT

Background

On October 11, 2000, the Cabin User Fee Fairness Act of 2000 (CUFFA) was enacted into law. One of CUFFA’s purposes was to establish a more consistent procedure for determining land use fees for recreation residence special use permits, including the manner in which recreation residence lots are to be appraised.

The draft CUFFA guidelines were published in two separate Federal Register Notices on May 13, 2003, for public review and comment. The Forest Service published in the Federal Register for notice and comment, proposed changes to its special uses regulations at 36 CFR 251, part 251, Subpart B; agency directives at Forest Service Manuals (FSM) 2300 Recreation Management and 2700 Special Use Management; and Forest Service Handbooks (FSH) 2709.11 Special Uses Handbook and 5409.11 Appraisal Handbook.

Current Situation

The proposed rule and directives will:

1. Revise the regulations at 36 CFR 251, Subpart B, and applicable sections of the Forest Service’s FSM and FSH directive system regarding the administration and appraisal of recreation residence special use permits on NFS lands to be consistent with the provisions of CUFFA;

2. Where necessary, explain and refine the provisions of CUFFA;

3. Improve agency consistency in the administration of recreation residence special use permits; and

4. Provide the Forest Service with the authority to implement all the provisions of CUFFA.

The Sierra National Forest is making every effort to assure that all recreation residence permit holders, recreation residence permit holder associations, and other interested parties are informed of the availability of the proposed rule and directives published in the Federal Register. If you do not have a copy of CUFFA, it is available for review at http://www.fs.fed.us/recreation/permits. These documents are also available at the Sierra National Forest Offices in Clovis, North Fork, and Prather.

Future Challenges/Management Opportunities

The review and comment period closed August 11, 2003, and now all comments received are being considered in development of a final set of regulations, appraisal guidelines, and policies. Current status of CUFFA can be found at the worldwide web/internet site: http://www2.srs.fs.fed.us/cuffa/cuffa.html.

If you have any questions, please contact Cynthia Whelan, Assistant Lands Officer, and Rec Res Interdisciplinary Team Leader, at (559) 297-0706 extension 4931; or you may contact her via e-mail at cwelan@fs.fed.us.

Prepared by K. Nooney, C.Whelan
1/23/2004

Return to Top

HISTORICAL EVALUATONS OF
RECREATION RESIDENCE

Background-HISTORY OF THE LAW RELATED TO HISTORIC PROPERTIES
Congress has declared that the historical and cultural foundations of the nation should be preserved as a living part of our community life and development, and that the preservation of this irreplaceable heritage is in the public interest.

Section 106 of the National Historic Preservation Act (NHPA) requires the head of any Federal agency (including the Forest Service) to consider the effect on any district, site, building, or structure that is included in, or eligible for inclusion on the National Register prior to approval or authorizing a proposed undertaking. The agency must give the Advisory council on Historic Preservation a reasonable opportunity to comment on the proposal.

36 CFR 800 is the Federal regulation for implementing regulations for Section 106, and requires consultation between the Forest Service and the State Historic Preservation Office (SHPO) to determine:

Whether any historic properties are present that are on or are eligible for the National Register of Historic Places.

What the effect of the Federal proposed project is on these historic properties.

Appropriate mitigation when necessary.

Clause IV A of the Recreation Residence Term Special Use Permit states that, “The holder, in exercising the privileges granted by this permit, shall comply with all present and future regulations of the Secretary of Agriculture and all present and future federal, state, county, and municipal laws.”

Therefore, whenever the Forest Service or the permit holder initiates an action concerning a recreation residence, both the Forest Service and the holder are required to comply with the NHPA. Such actions may include USFS proposed land management decisions for recreation residences and/or tracts, and permittee initiated projects such as deck construction, installation of new windows, expansion, re-roofing, and new septic system.

Current Situation -
HISTORIC EVALUATION ON THE SIERRA NATIONAL FOREST

The Sierra has undertaken a comprehensive and systematic approach to inventorying and evaluating its recreation residences for historic significance. Many of the recreation residences on the Sierra have been inventoried and evaluated. The Forest Service is working with a contractor and the National Park Service to complete the evaluations.

Many of the recreation residences on the Sierra are over 50 years of age, and may now qualify for the National Register of Historic Places. Federal agencies are responsible under Section 106 of the National Historic Preservation Act to make a “determination of eligibility”, which requires consultation with the State Historic Preservation Office (SHPO). The Forest Service will submit their findings of tract eligibility to the SHPO for consultation. If SHPO agrees with the Forest’s findings, managements plans for historic tracts will be developed to address guidelines specific to that area.

Future Challenges/Management Opportunities-IMPACTS TO RECREATION RESIDENCE PERMIT HOLDERS

Determining a cabin to be eligible for the National Register of Historic Places may require a cabin owner to be more diligent in maintaining the cabin's historic exterior. Substantial changes to the cabin's exterior design or materials will be subject to historic review by SHPO, and thus will require more lead time. Minor changes (i.e. maintenance and other activities) to historic cabins should be processed more quickly. They will be reviewd locally under the working agreement developed between the Sierra National Forest and SHPO.

Until the evaluations are completed and receive SHPO concurrence, all cabins are assumed to be historic. The Programmatic Agreement for the Management of Historic Recreation Residence Tracts available on our Regional Web site explains what is required in better detail, depending on the nature of the proposed project.

For additional information on the status of the evaluations on the Sierra National Forest, please contact Karen Miller, Forest Archaeologist at 559-297-0706 extension 4933 or by email at kgmiller@fs.fed.us.

Prepared by C. Whelan, K. Miller
Date: January 23, 2004

PROPERTY and HOMEOWNER BENEFITS OF
LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES

Listing on the National Register of Historic Places (NRHP) honors the property by recognizing its importance to community, State, or the Nation. This is often conveyed through special signing such as a NRHP commemoration plaque.

Eligibility for Federal tax provisions: If a property is listed in the National Register, certain Federal tax provisions may apply. The Tax Reform Act of 1986 revises the historic preservation tax incentives authorized by Congress in the Tax Reform Act of 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, the Economic Recovery Tax Act of 1981, and Tax Reform Act of 1984, and as of January 1, 1987, provides for a 20 percent investment tax credit-with a full adjustment to basic for rehabilitating historic commercial, industrial, and rental residential buildings. The former 15 percent and 20 percent Investment Tax Credits (ITC’s) for rehabilitation of older commercial buildings are combined into a single 10 percent ITC for commercial or industrial building built before 1936.

In addition, the Tax Treatment Extension Act of 1980 provides Federal tax deductions for charitable contributions for conservation purposes of partial interests in historically important land areas or structures. Some historic preservation easements are structured to elements such as building facades in order to enhance and retain the historic integrity. Whether these provisions are advantageous to a property owner is dependent upon the particular circumstances of the property and the owner. Because tax aspects outlined above are complex, individuals should consult legal counsel or the appropriate local Internal Revenue Service office for assistance in determining the tax consequences of the above provisions. For further information on certification requirements, please refer to 36 CFR 67.

Consideration in planning for Federal, federally licensed, and federally assisted projects: Section 106 of the National Historic Preservation Act of 1966 requires that Federal agencies allow for the Advisory Council on Historic Preservation to have an opportunity to comment on all projects affecting historic properties listed in the National Register. For further information, please refer to 36 CFR 800.

Consideration in the issuing of mining, construction, or other permits that may affect the property.

Qualification for Federal grants for historic preservation when funds are available. Special consideration for funds under grant proposals may be given to historic properties and owners that are part of a Preserve America Designated Community.

Special Assessments that in some states allow owners of NRHP properties to apply for “freeze” in assessed values for a period of time [Oregon = 15 years]. The program is designed as a historic preservation incentive for property owners, and may have minor requirements such as one public open house per year and installation of identifying plaques, along with additional commercial incentives.

State or local building code leniency where NRHP properties are eligible to be considered for waivers of certain normal code requirements in the interest of preserving the historic integrity of the property.

Return to Top

Rec Residence Consistency Review and Continuation Determination: Letter from the Forest Service to Permit Holders, April 2004

Dear Permit Holder:

According to Forest Service policy, the Sierra National Forest (NF) must conduct a Recreation Residence Consistency Review and Continuance Determination for 555 recreation residences in 20 tracts under special use permit on the Sierra NF. Nearly all of the Recreation Residence Term Special Use Permits expire on December 31, 2008.

The Recreation Residence Consistency Review and Continuance Determination process consists of three separate parts:

Part 1 Consistency Review: Compares the land management practices between the Forest Land and Resource Management Plan (Forest Plan) and the Recreation Residence program for consistency;

Part 2 Continuance Determination: Environmental analysis document(s) for 20 Recreation Residence tracts; and

Part 3 Special Use Authorization Compliance: Recreation Residence permit holders shall be in compliance with the terms and conditions of the permit as stated in FSM 2721.23(c); Forest Service Handbook (FSH) 2709.11, 41.23(3); and permit Section III, Clause B, and Section VI, Clause A.

The Sierra NF has completed the Consistency Review for the recreation residence tracts on the Forest. This review was completed last fall and all recreation residence tracts on the Sierra were determined consistent with the Forest Goals and Objectives, Prescriptions for Management, Standards and Guidelines, and other direction in the Land and Resource Management Plan (LRMP), as amended by the Sierra Nevada Forest Plan Amendment.

During the 2004 and 2005 summer months, the Sierra NF will be conducting the Compliance Review. The Compliance Review is in the process of reviewing the improvements and uses of the lot to insure that use is in compliance with the terms and conditoins of the existing permit.

The review process follows the direction in Forest Service Manuals (FSM) 2300 Recreation Management and 2700 Special Use Management; and Forest Service Handbook (FSH) 2709.11 Special Use Handbook, and the Pacific Southwest Region (R5) Supplement 2709.11, 2000-1. These policies and additional information on this process are available from your permit administrator, at the District Office, address above and on the Sierra National Forest website at: http://www.fs.fed.us/r5/sierra/projects/recreationres/index.shtml.

A historical evaluation is an important part of dealing with permit compliance. The Forest Service will submit their finding of cabin, tract, or district "determination of eligibility", for consultation with the State Historic Preservation Office (SHPO). If SHPO agrees with the Forest's findings, management plans for historic tracts will be developed to address guidelines for permit compliance specific for that area. Holders of permits that appear to contribute to a historic property will not be asked to take permit compliance actions until the finalization of the historic properties management plan.

All improvements will be dealth with on a case-by-case basis between the permit administrator and the permittee. If your improvements are not authorized on the face page of the current permit, some type of documentation is required to show that the Forest Service previously authorized the improvement. For the issuance of the new authorizations, improvements must be authorized, removed, conditionally authorized until an opportunity for removal is presented, or authorized under specific criteria. Your current authorized improvements are those that appear on the face page of your special use permit.

In most cases, minor unauthorized improvements will need to be removed by the permit holder. These items may include but are not limited to: bird baths, gardens, fences, permanent clotheslines, and sprinkler systems.

Larger improvements could be conditionally authorized to remain until an opportunity for removal presents itself. These items could include, but are not limited to: second structures, garages, sheds, rock walls, barbecues, and oversized decks and cabins. An opportunity for removal could include the sale of the cabin, remodel or destruction of the main structure, or destruction of the conditionally authorized improvement. Other improvements that may be authorized include structures or areas determined to have historical or cultural significance.

You as a permit holder can help to facilitate the issuance of your new permit. The most beneficial action for holders is to take is to resolve any compliance deficiencies identified on your lot and be in compliance with the terms and conditions of your existing permit. Any support that can be provided to meet this objective will help expedite the issuance of your new permit.

Enclosed is a summary table that reflects the guidelines that the Permit Administrators will be using in the compliance inspections this field season. If you have any questions, please contact your Permit Administrator, David Taylor at (559)855-5355 extension 3339, or via email at dtaylor@fs.fed.us or Karen Nooney at (559)877-2218 extension 3197 or via email at knooney@fs.fed.us.

Sincerely,

SUSAN K. EXLINE

Acting Forest Supervisor

Return to Top

Recreation Residence Permit Compliance Guideline

Sierra National Forest

Return to Top

Permit Transfer: Email from Dave Taylor, U.S. Forest Service, to Maureen Barile, Huntington Lake Association, September 1, 2004

Maureen, I wanted to get something into your newsletter pertaining to permit transfers. As Permit Holders get older and their children assume the permits, I am finding a trend that is cause for concern. I had a call from a person who wanted to do some work at the cabin, and when I asked him if he was the permit holder he told me that he owned the cabin along with his sister. On investigation, I found that the Permit Holder had passed away 12 years earlier. I need to stress that the Special Use Permit giving an authorization to have a cabin on National Forest lands is not transferable! When the permit holder passes on, the permit is no longer valid and a new permit must be applied for. This is not a complicated problem, but must be done as soon as possible after the listed Permittee dies or passes the cabin over to their family.

With the pending issuance of new permits in 2008, it is very important that we have the correct information on ownership and status of the permit holder. If we get to the point where the permit is being issued, that could hold up the process until it is cleared up. Permit Holders, please pass on to your heirs the importance of getting that taken care of promptly. An additional problem can be caused by the heirs starting to do work on the cabin without going through the correct procedures, and possibly having to undo something at great expense. We al here at the Forest Service want to work with all the cabin permitter’s, so help us out by passing along information. I hope most of you are aware that you can contact me, or Kathy or Nancy at any time, to get information or ask questions.

Thanks for your help!

Return to Top

SPECIAL USES HANDBOOK

Excerpt from 2709.11-SPECIAL USES HANDBOOK

R5 SUPPLEMENT 2709.11-2000-1

EFFECTIVE 09/07/2000

CHAPTER 40-SPECIAL USES ADMINISTRATION

41 - RECREATION SPECIAL USES

41.2 - Individual Use

41.23 - Recreation Residence Use

1. Objectives. The recreation residence permit is designed and administered to maintain a forest-related recreation experience. The laws, regulations, and policies governing the use and maintenance of recreation residences are those necessary to comply with federal, state, and county ordinances, building, and sanitation codes to safeguard the national forests’ resources. Restrictions and special rules are designed to fit local conditions. Following are the Region 5 objectives:

a. Protect the forest environment including soil, vegetation, water quality, wildlife, air quality, and historic resources.
b. Prevent urbanization of recreation residence tracts.
c. Help assure safety of the general public and the permit holders.
d. Maintain the national forest setting.
e. Comply with the terms and conditions of the special use permit.
f. Comply with requirements of threatened and endangered species, historic cabins and tracts, and archaeological properties.

2. Policy. Authorized officers shall use all applicable standards and guidelines to administer recreation residence permits and evaluate proposals for modifications of permitted improvements.

3. Definitions. Following are Region 5 definitions for recreation residence administration.

Commercial Use. Any activity which brings revenue to anyone using the permitted property, except for incidental rental that is not to exceed fourteen days. (see definition of commercial use in 36CFR251.51).

Maintenance. Maintenance is the act of keeping the facility in an ordinary, efficient operating condition. It includes preventative maintenance, normal repairs, and activities needed to preserve the improvement. On historic properties, some maintenance activities may require consultation with the authorized officer.

Permit Holder. Any applicant who has received a special use authorization (see FSM 2705). 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 which they are representing.

Principal Residence. The principal residence can be a house, apartment, mobile home, or other reasonable domicile, either owned or rented, and must be open and available to the permit holder at all times. The principal residence cannot be simply an address used to give the appearance of living in a home elsewhere. It must be the place where the permit holder routinely receives mail, is registered to vote, from which children attend school, and from where the permit holder normally commutes to work.

Recreation Residence. See FSM 2340.5 and FSM 2721.23

General Recreation Residence Use. Recreation Residences are only for personal recreation use of a non-commercial nature by the holder, members of the holder’s immediate family and guests.

4. Application. New recreation residence owners or owners whose authorizations have terminated, must apply for authorizations to occupy National Forest System lands. Only those who may qualify as an eventual permit holder (see definition above) may submit an application, and be considered for, a recreation residence term special use permit. (See FSM 2721.23b).

Issue a new permit at termination or change of ownership in accordance with FSH 2709.11, 41.23a. Changes in public needs and environmental standards may result in new requirements. Changes may be incorporated in new permits, and the new holder will be subject to these terms. The permit grants certain privileges to use and occupy National Forest land. Buyers of a recreation residence may be granted a new permit, only if they qualify as a holder of a permit, as defined under Section 41.23,2 (above), and they do not already hold a recreation residence special use permit elsewhere on National Forest System land. When a recreation residence special use permit is revoked or terminates, and a new permit is used, the new permit may be revised to include terms and conditions consistent with the existing laws, regulations, and policies.

5. General Permit Requirements. In addition to the standard provisions of the recreation residence term permits, many permits also contain additional site-specific clauses addressing such things as power withdrawal or home owners’ associations. If additional improvements are allowed, they must be stated in the permit (See FSM 2721.23a, 6).

6. Destruction, Abandonment, Termination, and Revocation.

a. Destruction. See FSM 2721.23a(13). Following destruction or substantial damage (greater than 50 percent) of a recreation residence by catastrophes events or natural causes, allow rebuilding if the lot can be occupied safely and the use remains consistent with the Forest Land and Resource Management Plan. Give the permit holder the following options:

(1) The permit holder may rebuild a recreation residence on the lot if the authorized officer determines that the site can be safely occupied. Plans must be approved by the Forest Service, the applicable county agency, and others (where appropriate). The building must be completed within two years. Do not allow separate structures such as guest houses and garages to be rebuilt. Do not allow new buildings larger than 1400 square feet.

(2) The permit holder 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 permit holder is responsible for disposal of the improvements and restoration of the site.

b. Abandonment. After the authorized officer notifies the holder in writing (or other reasonable notice has been given in instances where the permit holder cannot be contacted) that the Forest Service has reason to believe the property has been abandoned, and if the noncompliance is not resolved within a reasonable time after such notice has been served, the Forest Service will determine that the improvements have been abandoned and the permit holder will be notified that the permit has been terminated. The holder is obligated to comply with the permit requirement to remove and dispose of the improvements and restore the site to its natural condition under Forest Service supervision. Establish a maximum six-month time limit, subject to weather conditions. If the permit holder fails to remove the improvements and to restore the site, the Forest Service will have that work done and bill the permit holder as is required by the terms of the permit. This billing will also include the cost of compliance with all applicable laws, regulations and policies.

c. Termination. All term permits within a tract are to have a common expiration date.

Issue new permits for existing recreation residences at the end of their current term when it is in the public interest to do so and no management use conflicts exist which cannot be mitigated (see FSM 2347.1, FSM 2721.23 a & e, FSH 2709.11, 41.23a, b, & c). Encourage permit holders to check with the authorized officer for information on anticipated future management requirements concerning their continued use of National Forest System lands. In addition, the authorized officer should make every effort to keep the permit holders informed of changes that might affect them.

d. Revocation. Direction for revocation is contained in sections VIII, IX and X of the permit, 36 CFR 251.6 and FSM 2347.1, par. 5.

41.23e - Permit Administration

1. Inspections and Monitoring. Special use permit holders are required to maintain their recreation residence to acceptable standards and to meet all federal regulations, the express terms of the permit, and the requirements of state law and local ordinances. While standards for neatness, appearance, and the appropriate use of National Forest System lands are established by the authorized officer, acceptable building health and safety standards are defined as those which meet state, county, or other local government rules. The Operation and Maintenance Plan, which is a part of each permit, provides the basic standards upon which the Forest Service inspections and state and local agency requirements are set forth.

Although the Forest Service does not enforce state and local health and safety laws, its authorized officers are responsible for determining compliance with the terms and conditions of the special use permit. When health and safety deficiencies are apparent, or when concern exists due to neatness, appearance, or resource damage, the authorized officer shall require permit holders to take appropriate actions. If the permit holder complies with direction, they should not normally be a need for more in-depth county inspections.

When the authorized officer suspects deficiencies, and determining their extent is beyond the authorized officer’s knowledge or ability, the authorized officer may require a permit holder to have an inspection performed in accord with the holder’s responsibilities described in the special use permit. If the holder does not comply by having an inspection performed, the authorized officer may ask the applicable county agency to perform an inspection.

2. Transfer Inspections. Conduct an inspection when notified of intended sale or change in ownership of the improvements. This inspection is to ensure compliance with the terms of the permit and review the condition of the improvements and lot before a new permit is issued. Such transfer inspections are not required and may not be necessary if the cabin has recently been inspected. Do not issue a new term permit until all deficiencies are corrected.

3. Alternatives to County Inspections. An inspection by County health and safety personnel is the best measure of compliance with health and safety standards. Authorized officers have traditionally either asked counties to inspect, or required holders to have their residences inspected by the county. If the agencies are unable or unwilling to make those inspections, holders should be allowed to use qualified professional, technical, and administrative inspectors, as long as the county standards are met and the use of private inspectors is not prohibited by local ordinances.

4. Operation and Maintenance Plan. The recreation residence permit requires an Operation and Maintenance Plan (O&M Plan) to be jointly prepared by the holder and the authorized officer. The O&M Plan is reviewed annually and updated as necessary. The holder may be required to submit proposals in writing for improvements and repairs identified in the O&M Plan before such projects are initiated. Each year the holder must supply the anticipated schedule of use for the cabin and proof of a principal residence.

41.23f - General Recreation Resident Use

1. Residency. Do not allow holders to use their recreation residence as their principal residence. The recreation residence should be utilized at last 15 days per year by the permit holder, to ensure that the use granted by the permit is exercised.

2. Commercial Use. Enforce prohibition of commercial use of recreation residences as stated in national policy (see FSM 2347).

3. Rental Restrictions. When approved in advance by the authorized officer, the permitted improvements may be rented for recreational use. Rental for commercial use is prohibited. If authorized, renting shall be limited to no more than 14 days per year, and must be addressed in the O&M Plan.

4. Guest Buildings. Do not authorize construction of additional guest cabins or sleeping quarters. In cases where more than one dwelling currently occupies a single site, the use will be permitted to continue in accordance with the authorization. Such structures built without prior approval must be removed upon transfer of ownership of improvements and permit issuance.

Conversion of storage or other outbuildings to sleeping quarters or guest cabins is prohibited.

5. Animal Management. No animals, other than common household pets, shall be kept on the premises. Pets shall be under physical control when outdoors and shall not be left outside unattended. No permanent pet enclosures shall be allowed. Animals must not pose a health or safety threat to humans, native wildlife, or the forest habitat. Livestock is prohibited, except when this is the only means of access to the cabin. Such permission must be in writing, with stipulations to minimize the impacts to the soil, vegetation and adjacent cabin owners. Under no condition may any animal be released onto the National Forest System lands.

6. Vehicle Parking and Storage. All vehicles must be located within approved driveways and parking areas. Unregistered or inoperable vehicles are not allowed on the premises. Recreation vehicles (RV) may be used to expand the capacity of a recreation residence only on a short-term basis not to exceed two weeks.

The recreation residence lot is not an appropriate storage area for motor homes, trailers, or similar items. Unless approved by the authorized officer, only temporary seasonal storage of recreation equipment is permissible and must be included in the O&M Plan. Boats, trailers, snowmobiles and off-highway vehicles must be removed seasonally, as stated in the O&M Plan.

7. Public Use. The special use permit does not authorize exclusive use of National Forest System lands to recreation residence permit holders. The public is allowed free access for all lawful and proper purposes to National Forest System lands. Within recreation residence tracts, the general public may access National Forest System lands by walking across the permitted lot or parking in areas not under permit.

Where public use of the authorized area is materially interfering with the holder’s authorized use of the permitted area for recreation residence purposes as determined by the authorized officer, work with the holder to mitigate the impacts of that interference.

41.23g - Construction/Reconstruction Standards. Emphasize maintaining the rustic appearance of each tract using natural materials. Wood and stone used in the original design of the building harmonizes well with the forest surroundings. Prior to any changes to the buildings or lot, the permit holder must consult with the authorized officer for specific requirements for that tract and lot.

1. Plans and Procedures. No construction or reconstruction may commence without the prior approval of the authorized officer. These activities are considered to be undertakings with potential adverse effects that may require compliance with the consultation procedures identified in Section 106 of the National Historic Preservation Act of 1966.

a. Maintenance. The dominant character of the tract must be the forest environment, not human improvements. The residences and lots should be cared for to retain the tract’s visual and historic character. Minor maintenance involving repairs-in-kind do not need Forest Service approval if there are no effects to the resources and no structural changes. Examples of minor maintenance including replacing a few boards in a deck, a few shingles on a roof, or a broken windowpane. All other actions such as reconstruction, new construction, additions, and exterior modification require Forest Service approval.

b. Construction. The permit requires the holder to submit conceptual design and site plans for proposed development or changes. These plans should be detailed enough to allow preparation of an analysis, and should include roads, trees, rock outcrops, planned and existing improvement location, structure size, materials, and lot boundary as accurately as possible. Require that the holder solicit comments from effected neighbors for projects proposing construction of additional structures such as outhouses, sheds, or pump houses. The construction of additional structures is discouraged.

The authorized officer must review the proposal for environmental, visual, and historic concerns, and if there are not concerns, give written approval-in-concept. Before issuing written authorization to proceed, require that the permit holder submit construction plans to the county building department for approval, obtain the required permits, and submit copies of these documents to the authorized officer.

New construction, alteration, addition, or substantial repair of existing improvements shall be authorized only when, in the opinion of the authorized officer, it does not exceed the acceptable size standards and meets visual, environmental, and historic property concerns.

c. Codes. All construction must adhere to local, state, and county codes. Where there may be historic concerns, the State Historic Building Code should be referenced.

d. Lot Line Locations. When improvements are proposed, the permit holder is responsible for locating the corners of the lot in order to comply with setback requirements. Setback shall be at least ten feet from the lot line for all structures and improvements. Existing main residences encroaching on lot line and/or setback line may remain until it is reasonable to move (for example, rebuilding due to fire or flood). All other improvements must be removed and/or relocated, if authorized, at time of permit transfer. Variances may be granted on a case-by-case basis.

2. Structures. The desired condition is to have only one dwelling per lot (residence/sleeping cabin), as required in FSM 2721.23a. Authorized structures, either approved in writing or shown on the face of the permit, that do not conform to the standards in this section should be phased out. If they are destroyed, substantially damaged (greater than 50 percent) or major structural changes are proposed, the standards in this section should be immediately applied. If the structures are intact and no changes are proposed, use the results of continuation studies and Forest Land and Resource Management Plan direction to address the future of the structures, as required in FSM 2721.23a and FSH 2709.11, 41.23a. If the Forest Supervisor determines the recreation residence tract should be managed for historic values, and the outbuildings are determined to be an integral part of the historic significance of the tract, the authorized officer may elect to vary from the one dwelling per lot direction.

Take appropriate action to remove buildings that were constructed without approval or are not authorized on the face of the permit. Unauthorized sleeping quarters or guest buildings must be removed upon transfer of ownership of the improvements, in accordance with FSM 2721.23a. In the case of outbuildings, this may be an immediate administrative action, but should occur no later than upon permit issuance or a change in ownership of the improvements.

The following are general standards for structures:

a. Number of buildings. Allow oly one recreation residence on each lot. Separate structures may be permitted for uses not logically attached to the main structure, such as an outhouse, pump house, or generator. The overall appearance of improvements should be inconspicuous and blend with natural land forms on the site.

b. Size. Limit recreation residence floor space to a maximum of 1,400 square feet. Factors such as environmental, visual, and historic resources may cause the authorized officer to restrict building size of individual recreation residences to less than the maximum.

Determination of walled-in space includes the sum total of all habitable structures. A total of 1,400 square feet includes both floors of a two story residence (excluding loft which is defined as an unpartitioned open space under a roof), and where they already exist, authorized guest cabins and garages with living space.

c. Height. Limit a recreation residence on level ground to one story and a loft. Where excavation has been allowed into a slope, limit recreation residences to two stories and a loft (the “day lighted) basement is considered the first story). Total height must conform to county ordinances and Forest Service visual objectives.

d. Decks, Porches, and Patios. Desks, porches, and patios must be attached to the residence. Combined deck, porch, and patio size (including walkways) is limited to 60 percent of the primary structure square footage. Under no condition may they exceed 800 square feet. Their location must conform with the setback requirements, and be approved by the authorized officer, and where applicable, by other local agencies. Decks on only one side of the residence are preferred, but wrap-around walkways may be considered. Waiver of these limitations may be made for reasonable accommodation under the Americans with Disabilities Act. If the area beneath a deck is used for storage, it must be fully enclosed with solid material lattice backed by a solid material. Porches may not be enclosed to provide additional living space. The use of screens requires written authorization, and must be temporary and well maintained. Do not authorize colored canvas, plastic, and tarps as enclosures.

e. Extra Sleeping Quarters and Garages. Previously approved attached garages will be managed consistent with the structures to which they are attached. Existing buildings that are not structurally attached to the main residence, and used as sleeping structures or guest cabins, shall be assessed a premium annual rental fee, pursuant to the recreation residence fee policy at Chapter 30 of FSH 2709.11. Do not authorize construction or reconstruction of guest cabins, sleeping cabins, or garages under any circumstances. Existing garages are allowed if they are attached to the dwelling. Remove existing detached garages upon the earliest opportunity or upon transfer of ownership of the improvements.

f. Outbuildings. Before authorizing outbuildings, the authorized officer shall consider the following guidelines: Separate structures such as storage sheds, generators, pump houses, and outhouses may be authorized if they cannot be logically incorporated into the main residence. Separate structures shall not exceed a combined total of 40 square feet. All separate structures must be constructed of materials and colors to blend with the cabin and other outbuildings.

Replacement or relocation of an outhouse must be approved by the authorized officer, and other agencies as applicable. Replacement outhouses should have a sealed vault where feasible or be a self-contained unit such as composting, chemical, or propane-fired. Whenever possible, outhouses should be replaced with a septic system.

g. Off-lot Improvements. Off-lot improvements such as docks, individual water systems, power lines, and driveways may be authorized. Temporary, portable off-lot improvements are not allowed. When off-lot improvements are individually owned by a recreation residence owner, they may be authorized by citing them in the recreation residence special use permit (on the face of the permit as authorized uses) and on a map showing their location in relation to the lot. When off-lot improvements are owned and operated collectively by several recreation residence owners, or an association of owners, they may be authorized under a separate permit, in the name of the owners and/or association. Assess and collect an applicable land use rental fee.

It is the responsibility of individual permit holders and permitted associations to maintain the quality of their water in accordance with California water quality standards. When water systems must be modified to meet those standards, the plans for new systems or modification to existing systems must be approved in writing by the authorized officer. Do not permit individuals to drill wells or install a private water system if a state approved system is available for hookup. Permit holders are encouraged to coordinate with adjacent cabin owners to develop a system that supplies a number of homes. The Forest Service must check existing water rights and use prior to authorizing water diversion.

3. Specific Construction Standards.

a. Boat docks and moorings must be authorized by the authorized officer and by any other agencies responsible for the water resource at their location, or must be removed.

b. Do not authorize metal buildings.

c. Do not authorize mobile homes. Those presently existing must be removed at the earliest opportunity or upon transfer of ownership of improvements.

d. The exterior color of all improvements must be compatible with the forest setting, and provide a quality visual experience for all forest visitors. To achieve that objective, owners of recreation residences must obtain approval of the authorized officer prior to painting any exterior surface. Only those paint colors that are similar to, or match, a Forest Service approved color list will be approved for us.

Colors must generally be neutral and darker than the landscape backdrop. Light and bright colors and highly reflective materials create a contrast and will usually not be approved. Natural materials and earth tones or soft shaded colors will blend with the surroundings and help to achieve the desired landscape character.

e. New utility lines should be installed underground where feasible.

f. All signs must have a rustic appearance, and must be approved by the authorized officer prior to installation.

(1) All cabins must display the lot number so that it is easily visible from the driveway. Cabins may also have signs that indicate the holder’s last name and a county assigned street address.

(2) If the sign on the residence is not easily visible from the main road, a second sign may be posted at the driveway entrance, on a maximum 36-inch. Only approve signs which are black, white, or earth tones on a natural background and are appropriately sized to convey the necessary information. Signs shall not be nailed to trees. Painting on natural features such as rocks and trees is prohibited. Posting “Private Property” or “No Trespassing” signs is prohibited.

(4) Authorization is required prior to placing “For Sale” signs on National Forest System lands. Approve only one sign and only on the lot. Signs are not allowed on trees or other vegetation.

g. Outdoor decorative-type lighting is prohibited. Yard lights must be attached to posts with all associated wiring underground or be attached to structures. Do not permit the use of several lights to light up the entire lot. High intensity dusk-to-dawn yard lights are not authorized.

h. Generally, do not approve or authorize fences. Exceptions may be made when a fence is appropriate to differentiate general public use access routes from cabin use areas, or to meet safety or other resource needs, and when it can be done within acceptable visual management constraints. Authorized officer may approve temporary enclosures.

i. Allow gates only to prevent or reduce resource damage. All proposals for a gate require advanced review and approval from the authorized officer. Gates may be closed only for resource protection, and health and safety. Require holder or association to have a Forest Service lock in addition to the locks of any other users of the gate and to submit a seasonal operation plan for the gate for Forest Service approval.

j. Propane tanks shall be located and screened or painted to be as inconspicuous as possible.

k. Inconspicuous satellite dishes and antennas may be approved for noncommercial personal use only.

l. Do not authorize new permanent outdoor fireplaces, fire pits, or barbecues.

m. Saunas, spas, and hot tubs may be approved if incorporated into the main structure or deck, are not visible by neighbors or from public vantage points, and do not cause negative environmental impacts.

n. Do not authorize swimming pools, either permanent or temporary.

o. Do not allow permanent installation of outdoor recreation equipment such as basketball hoops, and swing sets. Temporary use of such equipment may be authorized on request.

p. Mailboxes must be approved in writing by the authorized officer.

q. All cabins shall have skirting to screen the crawl space from view and enhance the visual appearance of the cabin. It is not necessary to enclose the entire crawl space. The area beneath decks is not required to be skirted, unless used for storage.

r. Installation of solar panels may be approved if constructed of a non-reflective color that blends with the forest setting and does not require routine removal of tree cover.

4. Building Style and Design

a. Building Materials. Any changes to the exterior of a cabin shall retain as much of the original building material as possible. The use of consistent type of materials throughout a structure is preferred. Missing elements should be replaced in-kind where possible; if not possible they should be replaced with similar materials. Natural or organic materials are recommended as replacement; concrete, steel, glass, and other may be allowed if appropriate used. Do not allow the use of bright colored building materials. Natural looking material is required and may include rocks, logs, rough sawn lumber, or wood panels.

b. Windows and Doors. Window and door casings, shutters, and other outside trim should harmonize with the main structure and the environment and should not present strong contrast. Trim colors shall be chosen from the approved color list. Window and door sashes must be bronze, black, or painted to match the cabin.

c. Foundations. Continuous foundations must be maintained with approved materials. Exposed foundations shall extend above the ground only as far as necessary to conform with acceptable construction practices. The area between foundation and floor should be enclosed to comply with county ordinances and Fire Safe Guides for Residential Development in California.

d. Chimneys and Flues. Every effort shall be made to retain the stone and masonry work of existing chimneys. Solid masonry chimneys must extend to a solid ground foundation with adequate footing. Metal flues must be nonreflective.

e. Roofs. Any changes to roofs must be designed to withstand the maximum snow loads of the area. Materials, style, and color must be approved, and a county permit must be obtained. The following roof coverings are prohibited for new installation: corrugated fiberglass, painted metal (does not include color-impregnated metal), and unpainted metal. Skylights of appropriate design may be approved.

41.23h - Maintenance Standards. Apply the following maintenance standards.

1. Road, Trail, and Bridge Maintenance. Authorize those roads and vehicular bridges serving recreation residences that are not maintained by county, state, or other agency to a homeowner improvement association or individual holder. Require the permit holder to maintain these roads and bridges to Forest Service standards, described in the road maintenance agreement.

a. Authorize snow removal only after a careful review and evaluation of each case on its individual merits, including consistency with the Forest Plan, travel management plan, environmental needs, safety, user conflicts, and public impacts. If a plowing permit is issued, issue to the permit holder who would be responsible for the plowing to meet the requirements of the permit.

b. Limit construction of new driveways to one single-lane width with associated parking for two cars. Do not permit paving or graveling of driveways, except in those cases where erosion is occurring, and this is the only means of control. If approved, driveways and walks should be of native materials, or gravel in natural dark colors and textures.

c. Authorize necessary foot bridges and other non-vehicle crossings that serve only recreation residences to associations or individual cabin owners. Bridges that are unstable or in disrepair must be repaired, replaced, or removed. Consultation with hydrologists, biologists, and/or engineers may be necessary. Bridges must be designed and constructed to meet county codes.

d. Allow culverts to be installed in roads or trails for vehicular and foot traffic. Permit holders must regularly repair and clean out culverts on roads and trails which solely access tracts or lots to prevent erosion problems, and are responsible to restore the site as needed. Carefully evaluate requests for new culverts, considering the amount of fill, water drainage patterns, and other resource problems that could result form the installation.

2. General Lot Maintenance.

a. Do not allow permanent-type attachments, nails, bolts, and so forth, on or in trees. Such attachments include, but are not limited to: yard lights, antennas, fences, tree houses, benches, signs, clotheslines, swings, and wires.
b. Authorize landscaping, planting, or vegetation only to restore or maintain natural conditions or historic properties. Overall appearance should conform with the natural forest character of the area. Do not allow flower beds, lawns, ivy, and decorations such as bird baths and plastic flowers. Do not approve the use of whitewashed rocks or trees and other types of decoration foreign to the natural environment for use on the lot. Take immediate administrative action to require the removal of existing lawns, flower gardens, and other non-natural improvements.

Removal of native vegetation must be approved in advance. Do not approve removal simply to improve views. Where erosion or vegetation loss has occurred, recommend landscape rehabilitation with approved local, native plant species.

c. Lots must be clean, neat, and free of litter and debris. Firewood must be neatly stacked in one area away from threes and buildings, and not exceed an amount that will be used within two years.

d. Sheet Plastics and Tarps. Tarps may be used as temporary covering for protection from the elements. Colors should blend with the natural environment. Blue tarps are not appropriate and are not approved.

3. Hazard Tree Management.

a. Assessment. Hold permit holders responsible for identification and removal of trees that are hazardous to their improvements, whether or not the trees are located on their lot. The Forest Service may identify hazard trees during inspections and authorize permit holders to remove them.

b. Disposition. Do not allow cutting of trees without prior written authorization from the authorized officer. Hazard trees within the boundaries of the recreation residence lot may be authorized to be cut and used free of charge if (1) the volume is less than two cords and (2) the material is to be used on the lot. Forest products or timber removed from the lot requires a personal or commercial permit. Do not allow holders to sell the tree for firewood unless that have purchased it.

Return to Top

RECREATIONAL RESIDENCE ISSUES: CONCEPT ITEMS FOR DISCUSSION USDA FOREST SERVICE/ACHP. April 2005

1. Nationwide Permits
The reissue of special-use permits is an undertaking as identified in Section 106 of the National Historic Preservation Act (NHPA) and as defined in ACHP’s implementing regulations; Protection of Historic Properties (36 CFR Part 800). However, this undertaking is not likely to have an adverse effect on historic properties if sufficient language is placed in the permit that ensures the owner recognizes the need to secure FS permission for any exterior changes or ground-disturbing activities.

2. Survey and Evaluation of Recreational Residences
Depending on the region and forest, surveys and evaluations are being done at the tract level or by individual cabins. Either approach is fine but the ability to recognize collections of historic recreational residences by geographic or thematic relationship might provide greater flexibility to the evaluation process and the management of the residences as historic properties or historic districts.

3. Management of Recreational Residences
For the past few years, the Recreational Residence Program has focused on the survey and evaluation of the residences and tracts on National Forest System lands. These efforts have helped to create a database of information and knowledge o the history and architecture of the residences. For the future, it is appropriate to shift the emphasis within the program on the operations and management of the program. Among the goals are to provide better tools and training for the FS staff involved in permit review and management of the program and to improve the delivery of required permitting and approvals for recreational residence homeowners.

3.1 Design Guidelines
The FS has always maintained a minimum set of design standards or guidelines for the recreational residences. These include the use of architecture and materials that are appropriate for the forest setting and the use of color schemes which reflect the forest environment. In addition, residence architecture generally illustrates the common trends of their construction period by reflecting various concepts of rural and rustic design considered appropriate to the forest setting. Many residences, especially older examples, were built following published designs generated by shelter magazines and private organizations and government agencies.

Design guidelines are common tools used by federal and state agencies and local governments to guide the renovation and alteration of historic buildings and structures. They are based on the Secretary of the Interior’s Standards and Guidelines for a Preservation Rehabilitation, Restoration or Reconstruction Project and the Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. Many municipal governments have their design guidelines for their historic districts posted on their websites. Design guidelines enable reviewers and property owners to understand the program’s requirements and provide written and visual guides to assist property owners and their contractors on the best practices to use for their own projects.

For the recreational residence program, the FS is proposing the development of national and regional guidance for the renovation and alteration of the recreational residences. These would be augmented by forest-specific design guidelines based on existing guidance and the particular circumstances of the architecture and design of the residences. The design guidelines would be available to all homeowners and FS staff with the intent that the local design guidelines would be used during the review process for permits to renovate or alter the residences. The design guidelines would apply to those cabins and areas that are eligible for listing on the National Register and to those which are not eligible. Those that are not eligible would be managed as historic conservation areas in the same manner as currently done.

3.1.1 Historic Conservation Areas
These are areas that are not eligible for the NR but managed under existing FS rules for their exterior appearance and design to ensure that the community character of the tract is maintained and enhanced.

3.1.2 Historic Districts or Residences
These are areas that are listed or eligible for the National Register of Historic Places and for which special care is taken to protect the historic integrity of the area.

3.2 Training for FS Staff and Homeowners Association

The proper training is key to the success of the management of the recreational residence program. It is important that FS staff understand the importance of the permit review and approval process and the role that Section 106 and other environmental regulations have in the process. It is also important for the residence owners to understand their rights and responsibilities in the management of the program and the unique circumstances surrounding privately-owned recreational residences on public land. The training topics might include the development and implementation of design guidance, the permit review process, forest and recreational residence history, and NHPA and other environmental regulations.

3.3. FS Policy and Regulations

The FS will revise its handbooks and manuals to incorporate the needed changes to the recreational residence program. The FS will also prepare, as necessary, agreements with its partners to ensure the smooth implementation of program needs.

3.4 Permitting

The FS will always retain the final authority for the issuance of all special use permits and requests for renovation and modification of all recreational residences. With the proper guidance and review, the various homeowner’s association could assist the FS in the permitting process by making recommendations on applications for the renovation and modification of permits. The association committee members would be required to have appropriate levels of training and expertise to participate in the permit review process. A benefit to including the homeowners in the review process is potential that this might improve the review process and reduce the delays that may occur under the current system.

4. Current Program Needs
4.1 FS Program Team to include FPO & USDA Liaison
4.2 Forest Homeowners Association Committee or Contact
4.3 NCSHPO Assistance
4.4 FS Document Items-policy and procedures; handbook and manual
4.4.1 Registration Requirements for NR registration
4.4.2 Historic Contexts at National, Regional, and Forest levels
4.4.3 National Design Guidance-develop training tools and materials
4.4.4 Regional Design Guidance
4.4.5 Forest Design Guidance

Program Model is to use the existing system of local, municipal historic districts which use local standards and citizens to guide exterior changes to historic buildings within historic districts.

Return to Top

RESIDENCE INSPECTION REPORT

YOUR RECREATION RESIDENCE AND GROUNDS WERE INSPECTED RECENTLY TO ASSURE COMPLIANCE WITH YOUR SPECIAL USE PERMIT. INSPECTIONS ARE CONCERNED WITH PROTECTING AND MAINTAINING NATIONAL FOREST VALUES AND YOUR ENJOYMENT OF THE FOREST SITE. ITEMS INDICATED BELOW REQUIRE YOUR ATTENTION.

HIGH SIERRA RANGER DISTRICT

Tract_____________________ Lot______ Holder_________________________

Type of Inspection: Reissue_____ Compliance______ Photos on file: Yes__ No__

Date of Inspection _____/_____/_____ Inspector__________________________

Improvements on Lot__________________________________________________

Meets
Standard

Return to Top

Should I Thin That Tree

High Sierra Ranger District
Huntington Lake Recreation Residence
Fire hazard reduction thinning guidelines
June 2003

		These guidelines will give cabin owners the basic tools for deciding which trees need thinning and which trees should remain. Cabin owners should only thin within 30 feet of their cabin. Thinning provides space. Greater space between the boles and crowns of trees will allow space for growth, increase tree vigor and reduce the potential for the spread of crown fire. Thinning Guidelines These thinning guidelines are based on meeting the objectives of improving the health of the forest, reducing the fire hazard around cabins and maintaining the beauty of the Huntington lake area.

The guide below is designed to give a cabin owner (or individual hired by a cabin owner) the tools necessary to answer the question "Should I thin this tree?" The guidelines provide answers to basic questions: Are there excess trees around my cabin? Which trees should I remove? Are the trees around my cabin a fire hazard? How do I choose between trees?

Tree Size - Cabin owners will be thinning trees less than 10 inches in diameter at 4.5 feet from the ground (also called diameter at breast height) or 14 inches at the stump. Do not remove trees larger than these two measurements.

Need -'Then Determine first if trees are iri'heed of thinning. Look at the space between the boles of all trees big and small. If the distance between boles is less than 12 feet apart for areas dominated by fir (more than 50% fir) then thinning is likely necessary. If the distance between boles is less than 16 feet apart for areas dominated by pine then thinning is likely necessary. Look at the tree crowns. If the crowns of neighboring trees are touching, then this is also an indicator that crowns should be thinned. If the crowns of small trees are touching the lower crowns of bigger trees this is an indication that trees should be thinned.

Choices -Tree removal occurs to provide growing space for the remaining trees. Trees that remain are selected on their ability to make use of increased site resources, and reduce the fire hazard. The criteria below are in order of priority. It is more important to leave a healthy sugar pine at the wrong spacing then it is to leave a fir at the right spacing. It is more important to leave a tree that has good crown characteristics than one that might provide regeneration. Thus these criteria should be used in a step-wise process. Criteria used in determining trees to remove and trees to leave are listed below:

• Species - Healthy Sugar pine is the first priority. Leaving healthy young sugar pine will provide the needed genetic material to keep this tree species hi the woods. Sugar pine across the Sierras are being killed by the white pine blister rust, keeping healthy sugar pine will insure species survival. Jeffrey Pine is given third priority. Pine species in general are being crowded out by the fir. Pine trees love light. Fir loves shade. So if you are choosing between a healthy fir and a healthy pine, please choose the Jeffrey pine. Give the pine lots of space and light. Lodgepole pine is given last priority. This species loves the cold and the sun. When it finds these conditions it will grow in dense thickets. Fir trees are often found growing underneath the lodgepole pine. Remember fir loves shade. Choose the fir tree over the lodgepole pine.


• Disease - Leave healthy trees. Leaving deceased trees promotes sickness. If you have a choice between a sick tree at the right spacing and a healthy tree at the wrong spacing, then leave the healthy tree. Prune mistletoe off of trees when possible. Pruning of mistletoe should only be done in the lower third of the crown. The illustration at the right shows proper pruning. If mistletoe is found in the upper two thirds of the crown the tree should be removed. Remove trees that have mechanical damage. Mechanical damage could be caused from snow, vehicles or past logging. Healthy vigorous trees have the best chance of taking advantage of more space.


• Crown position and crowns - Big crowns are better than small crowns. Crowns higher than the neighboring tree are better than crowns stuck down below the canopy of similar size and aged trees. Crowns are a good indicator of a trees over all health. The crown position or where a trees crown is relative to other trees of similar age is also an indicator of tree vigor. Typically trees with less than 35 percent of the bole occupied by green foliage are not likely to respond to thinning. Thinning can actually result in the death of these poor crown trees. Trees in the lower crown layers are removed to provide space for trees in the upper crown layers. Crown position is a strong indicator of a trees ability to make use of site resources.


• Regeneration - Leave trees of all sizes. This will insure that enough young saplings and seedlings are left to replace the older trees that will die.   Remember that fir loves shade and pine loves the sun. This fact of life has a great impact on how new young trees come into the forest. Since fir loves the shade, fir saplings can survive in the shade for decades. Since fir can get started under the shade of older trees, this results in fir stands with many ages represented. When a big old fir dies the younger fir in the understory will get sun and begin to grow. In areas dominated by fir try to leave a mix of size or age classes. Pine loves the sun. Unless a pine gets lots of sun all its life it will wither and eventually die. This has been happening a lot around Huntington Lake. If you have young pine encourage their growth by leaving the trees that have their crowns well above the others. A pine with its crown buried amongst its neighbors won't do well.


• Fuel ladders - Trees that provide fuel ladders to larger trees or to structures should be removed to create conditions that reduce the ability of wildfire to jump from crown to crown. Protecting larger trees from fire maintains these trees in the forest. Removing trees that touch buildings or structures provides defensible space. Defensible space is what a fire fighter needs to save your cabin from fire.


• Spacing - Trees are spaced apart to provide room for crowns and root expansion, meet objectives to reduce tree stress, and reduce the potential fire crowning. Space trees at a minimum one-crown width from its neighbors. Space trees at least 10 feet from structures (more defensible space). In areas dominated by fir space tree boles 16 feet apart. In areas dominated by pine space tree boles 18 feet apart. Thin within 30 feet of your cabin.

Disposal - Once you have made the choice to thin trees from your cabin, you will need to dispose of the thinned material and any other ground fuels. Large material can be burned in your fireplace or campfire ring. Small limbs or brush should be piled or chipped. Piles should be burned in the fall. Please follow all the normal burning requirements for air quality and fire safety. Chips can be spread out across your permit lot. Do not make piles of chips.

Prepared by Ramiro Rojas, District Silviculturist

Return to Top

Recreation Residence Supplement 2709.11-2000-1 Clarification Letter

United States Department of Agriculture
Forest Service
Pacific Southwest Region
Regional Office, R5
1323 Club Drive
Vallejo, CA 94592
(707) 562-8737 Voice
(707) 562-9130 Text (TDD)

November 28, 2005
Recreation Residence Supplement 2709.11-2000-1 Clarification Letter
To: Forest Supervisors

The Region 5 Recreation Residence Supplement to the Forest Service handbook, 2709.11 was adopted in September 2000 to provide clear, consistent, and up-to-date direction. The supplement was developed and implemented in response to the recommendations made in the 1993 National Recreation Residence Review and Action Plan Program. As R5 forests progress through the Consistency Review and Continuation Determination (CR&CD) process, there is a need to clarify some areas of the supplement to assure better consistency in the discretion exercised by the authorized officer.

The overall goal of recreation residence management is to provide a unique recreation experience while protecting the forest environment; preventing urbanization of recreation residence tracts; assuring safety of the general public and permit holders; maintaining the National Forest setting; and ensuring compliance with the terms and conditions of the permit as well as compliance with requirements for protection of threatened and endangered species, historic cabins and tracts, and archaeological properties.

Our key philosophy and objective is to use a common sense approach. We should be reasonable and flexible in implementing policy while meeting the overall objectives of managing this use on the National Forests. There will be situations when dealing with major issues such as public health and safety, environmental health, water, and waste disposal where legal and regulatory requirements should be stringently followed. At the same time, we intent to apply fair and reasonable discretion to accommodate cabin owners’ enjoyment of National Forests.
In order to continue providing clear direction, I want to specifically address several areas that are generating questions.

Garages. R5 Supplement 2709.11-2000-1, Section 41.23g, #2e states, “Existing garages are allowed if they are attached to the dwelling. Remove existing detached garages upon earliest opportunity or upon transfer of ownership of the improvements.”

Clarification related to garages was issued in an April 23, 202 letter from John Shilling to Forest Supervisors, titled R5 Recreation Residence Supplemental Clarifications. To reiterate, each decision is made on a case-by-case basis, most of the time there is no need to expedite the removal of a garage that was previously authorized in writing. Removal may be warranted when there are site-specific reasons, such as destruction, substantial damage (over 50%), disrepair, neglect, non-compliance, visual concerns, and resource-related concerns such as soil and vegetation effects, water quality, and sensitive habitat.

Outbuildings. R5 Supplement 2709.11-2000-1, Section 41.23g, #2f states, “Before authorizing outbuildings, the authorized officer shall consider the following guidelines: Separate structures such as storage sheds, generators, pump houses, and outhouses may be authorized if they cannot be logically incorporated into the main residence. Separate structures shall not exceed a combined total of 40 square feet.”

Height. R5 Supplement 2709.11-2000-1, Section 41.23g, #2c states, “Limit a recreation residence on level ground to one story and a loft. Where excavation has been allowed into a slope, limit recreation residences to two stories and a loft (the “day lighted” basement is considered the first story). Total height must conform to county ordinances and Forest Service visual objectives.

Do not authorize new construction or reconstruction of two story cabins. If a cabin with a second story is destroyed, substantially damaged (over 50%), or major structural changes are proposed, this standard should be immediately applied. Damage in this context is defined as from catastrophic events or natural causes (pf 5 of 16 of 9/2000 R5 Handbook Supplement), including deterioration based on age or lack of maintenance. If a two-story cabin is destroyed or substantially damaged, the authorized officer may consider proposals for providing an increased footprint to meet the previous square footage, not to exceed 1400 square feet.

Size. R5 Supplement 2709.11-2000-1, Section 41.23g, #2b states, “Limit recreation residence floor space to a maximum of 1,400 square feet…Determination of walled-in space includes the sum total of all habitable structures. A total of 1,400 square feet includes both floors of a two story residence, and where they already exist, authorized guest cabins and garages with living space.”

Reduction in size of cabins is not required prior to permit issuance.
The 1400 square foot maximum is applied to the existing recreation residence or during new construction or reconstruction of a cabin. Recreation residences exceeding 1400 square feet should be listed on the face of the permit as conditionally accepted with a statement of condition(s) and brought into compliance when destroyed, substantially damaged (over 50%), or major structural changes are proposed. Damage in this context is defined as from catastrophic events or natural causes, including deterioration based on age or lack of maintenance.

Sleeping Quarters. R5 Supplement 2709.11-2000-1, Section 41.23g, #2e states, “Do not authorize construction or reconstruction of guest cabins, sleeping cabins, or garages under any circumstances.”

Additional direction is included in FSM 2721.23a, Section 6, which states, “Allow no more than one dwelling per lot to be built. In those cases where more than one dwelling (residence/sleeping cabin) currently occupies a single lot, allow the use to continue in accordance with the authorization. However, correct such deficiencies, if built without prior approval, upon transfer of ownership outside of the family (husband, wife, and dependent children).”

The direction in the previous paragraph is national policy. Removal of unauthorized sleeping structures should occur upon transfer of ownership outside the family, but need not be required upon issuance of new term permits to the same owners. Do not authorize conversion of a shed or other structure to a sleeping/guest cabin. Authorized sleeping structures should be removed if destroyed, substantially damaged (over 50%), or major structural changes are proposed. Damage in this context is defined as from catastrophic events or natural causes, including deterioration based on age or lack of maintenance.

Non-conforming improvements or structures. R5 Supplement 2709.11-2000-1, Section 41.23g, #3g&h, and Section 41.23h, #2b&c provide examples of non-conforming improvements or structures, such as outdoor lighting, yard ornaments, wood piles, and fences. These types of non-conforming improvements or structures are characterized by low investment and low cost of removal. Modification or removal of improvements or structures of this type should occur before issuance of a new term permit to either the current owner or a new owner.
Section 41.23g is titled ‘Construction/Reconstruction Standards.’ These standards apply to new construction or reconstruction proposed as well as existing improvements or structures. As described throughout this letter of clarification it is appropriate to consider the cost of the improvements or structures and the cost of removal, along with other factors, in the determination of whether improvements or structures should be modified or removed prior to permit issuance, or conditionally accepted.

Modification or removal should occur immediately, without waiting to be triggered by permit issuance, if 1) there is actual resource damage, 2) there is a safety hazard, 3) improvement or structured occurred in blatant non-compliance in defiance of authorizing officer’s direction, or 4) improvement or structure is in non-compliance with applicable Federal, state, county, and municipal laws, ordinances, or regulations.

Improvements on face of permit. FSM 2721.23c, Paragraph 3 states, “In either permit, identify all authorized improvements associated with the recreation residence use. Do not authorize use of more than the statutory maximum of 5 acres under a term permit. Authorize community or association-owned improvements, such as water systems, by a separate permit.”

As stated in Clause II.A. of the Term Special Use Permit for Recreation Residences (Operation and Maintenance), all appurtenant access ways, on and off lot improvements or structures, and fixtures approved in the operation and maintenance plan are deemed a part of the permit, as if listed on the face of the permit.

Individual water systems serving a single cabin should be authorized on the face of the permit or in the operation & maintenance (O&M) Plan. Do not authorize association-owned or community improvements (docks, roads, gates, water systems) on the face of individual recreation residence permits as stated in the Regional Recreation Residence Supplement 2709.11-2000-1, 41.23(2)(g).

National and regional guidance for the issuance of new term permits is to place and list all authorized and conditionally accepted improvements or structures on the face of the permit. Conditionally accepted improvement(s) or structure(s) listed on the face of the permit will have a statement(s) regarding the condition of the conditional acceptance. Currently, Forests with improvements or structures included in the O&M Plan are considered to be on the face of the permit. Beginning in 2008, when permits are issued, all improvements or structures will be listed on the face of the permit.

The Regional direction found in Supplement 2709.11-2000-1 has proven to be effective in providing clear, consistent direction on appropriate improvements or structures, associated uses with permitted cabins, and maintenance of recreation residences. There may be instances when a Forest or District may need to be more restrictive, or when the regional direction may be phased-in over a period of time, to gain permit holder awareness, understanding, and compliance.

In addition, we are working on changes to the R5 Supplement that will 1) establish a minimum deck size for smaller cabins and 2) formalize the region’s process for conditional acceptance of nonconforming structures and improvements. You will be notified when these changes have been finalized.

This clarification letter and the changes to the R5 Supplement are a result of listening to the concerns of recreation residence associations and individual permit holders and Forest Service line officers, program managers and permit administrators.

If you have additional questions, please contact Donna Grosz, R5 Recreation Special Uses Specialist at (707) 562-8857.

/s/John De La Torre (for)
BERNARD WEINGARDT
Regional Forester
cc:
Robert H. Hawkins
Nancy Fleenor
pdl r5 rec officers

Return to Top

FOREST SERVICE TEMPORARILY SUSPENDS INCREASE IN 2009 FEES

It is now official: the Department of Agriculture, at the request of Congress, has ordered the Forest Service to temporarily suspend the increase in 2009 fees.

On January 5, 2009, the Secretary of Agriculture sent the Chief of the Forest Service a directive that cabin owner fees due in 2009 are to be the same as the 2008 fees, with a 2% inflation adjustment. The Washington Office is now working on a directive to this effect to send to all the regions.

The directive will clearly state that this action is being taken in expectation of Congressional action in 2009 to revisit and revise/reform/replace the Cabin Users Fee Fairness Act (CUFFA).

If Congress does not take action regarding CUFFA in the next twelve months, the 2009 fee increases are to be collected retroactively by the FS.

In response to the question, Undersecretary of Agriculture Mark Rey said that any cabin owner who has already received a 2009 fee bill should ignore it and wait for a new fee in accord with this policy.

We still do not know what will happen to those whose fees were set to go down. As to those who have already paid their fees, we anticipate they will probably get a credit. The prospect of a refund in the current economic environment is unlikely unless Congress directs it in new legislation.

Those whose fees were scheduled to go up were to be billed on the basis of appriasals that were performed before CUFFA became effective.

As we understand it, no fees based on appraisals performed post-CUFFA were set to go into effect in 2009. Unless Congress fixes the fee setting issue, those fees will be implemented in the billing ccle that falls after one year has elapsed from the acceptance of the appraisal. So may could see fee rises in 2010 without the help of Congress.

As soon as we learn more, and as soon as we see a copy of the official new policy, we will post more on this website.

Good work, everyone. Those letters and Congressional contacts made this happen.

January, 2009