Increase of unauthorized use on public land
Organization
BLM Office:
Media Contact:
CARSON CITY, Nev. – The Bureau of Land Management, Carson City District, would like to remind the public of the following information concerning use of public land when land use authorization(s) are required.
Before starting a road, fuel break, fence, etc., people should check for the following things:
- Is their project on private or public land? Has this been confirmed by a survey?
- Do you need a right-of-way (ROW) or other BLM authorization?
- You need a ROW whenever you wish to build a project (i.e., improve and maintain an existing road) on public land or conduct any activity (i.e., grading a road, cutting vegetation, etc.) that would involve appreciable disturbance, alteration, or damage to public lands.
“We’ve seen an increase in lands and realty trespass and want to remind the public to check with their local BLM office on property boundaries and development on public land,” said Kimberly Dow, Sierra Front Field Manager. “We want to work with people to make sure they are not in trespass before they start rather than discovering it later which can result in fines or other penalties.”
How to Obtain a ROW on Public Lands:
- Review information on how to obtain a ROW on public lands at the following link: https://www.blm.gov/programs/lands-and-realty/right-of-way/
- Contact the appropriate BLM office with responsibility for the land where the ROW is needed.
- Obtain and review an SF-299 (ROW form) application form.
- Arrange a pre-application meeting with BLM staff.
- Submit a completed SF-299 application by mail or in-person.
Lands and realty trespass is defined as unauthorized use, occupancy, or development of the public lands for any purpose where authorization must be obtained under regulations.
- The BLM's realty trespass regulations, in general, provide that anyone determined by the authorized officer to be in trespass on the public lands shall be notified of such trespass and shall be liable to the United States for:
1. The administrative costs incurred by the United States because of such trespass.
2. The fair market value rental of the lands (i.e., land rent) or the charge for road use, amortization, and maintenance, for the current year and past years of trespass.
3. Rehabilitating and stabilizing the land or costs incurred by the United States in rehabilitating and stabilizing the land.
- If a realty trespass is willful, repeated or not resolved in a timely manner, the trespasser may also be subject to trespass penalties of:
1. An amount equal to twice the fair market value rental of the land or twice the charges for road use, amortization, and maintenance, for non-willful trespass.
2. An amount equal to three times the fair market value rental of the land or three times the charges for road use, amortization, and maintenance, for knowing and willful trespass.
For questions regarding how to obtain a ROW on public lands, lands and realty trespass, and other BLM authorizations within the Carson City District, please call: 775-885-6028 or email blm_nv_ccdo_lands@blm.gov
The BLM manages more than 245 million acres of public land located primarily in 12 western states, including Alaska, on behalf of the American people. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. Our mission is to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations.
The BLM manages more than 245 million acres of public land located primarily in 12 western states, including Alaska, on behalf of the American people. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. Our mission is to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations.