Abstract
A large percentage of American downhill ski resorts, particularly those in the West, operate at least partially on national forest lands. Their operating permits, or "special use" permits, serve as leases for the land in question, while also specifying (often in minute detail) the conditions under which the resorts shall function. In a previous publication, the special use permit system is examined in the context of federal land-management policy. The present article will focus on the legality and legal history of the Forest Service's method for issuing permits for downhill ski resorts. It will become apparent that in determining how to license such developments, the Forest Service has seriously manipulated both the statutes governing land use permits and the general regulatory scheme applying to other categories of special use permits. Although a court is unlikely to now overturn what has become a long-standing administrative policy, such a result is far from certain and its uncertainty has been a source of concern and sporadic conflict for over fifteen years.
Recommended Citation
Lovett, Richard A.
(1985)
"Dual Permits for Ski Resorts: An Analysis
of the Forest Service Special Use
Permit Policy,"
Utah Law Review: Vol. 1985:
No.
4, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1985/iss4/2