- (a) “Developed” means those lands, facilities, and resources that have improvements where staff or services are provided or fees are charged, such as but not limited to lawns and fields maintained by regular mowing, picnic areas, pavilions, group use areas, playgrounds, play areas, athletic fields, bathhouses, toilet buildings, park stores, visitors centers, educational facilities, administrative facilities, maintenance facilities, dwellings, camps, cabins, yurts, campsites and campgrounds, beaches, boat launches, and roadways, trails, and parking areas directly within or directly associated with developed areas.
- (b) “Department lands, facilities, and resources” means those lands, facilities, and resources under jurisdiction of the department or rights granted by third parties held by the department, including but not limited to historical, cultural, and natural resources such as water bodies, geology, vegetation, and soil, and improvements such as facilities, structures, roads, trails, and landscaping.
(c) “Commercial use” means any use, activity, or event in which any of the following occur:
- (1) Income is derived from use of department lands, facilities, and resources, directly or indirectly, regardless of the intent to produce a profit, as determined by the department;
- (2) Attendees, participants, or guests are charged a fee by the individual, business, group or organization;
- (3) The sale, promotion, exchange, or demonstration of goods or services;
- (4) Canvassing or soliciting, excepting the use of a vehicle, boat, or clothing permanently affixed with a commercial logo or insignia; or
- (5) Fundraising or membership drives, even if for a non-profit or charity organization.
(d) “Degradation of the visitor experience” means the event, activity, or use disrupts traditional public park use or unduly inconveniences abutting landowners or the general public and causes or might cause any of the following conditions:
- (1) Impose on or conflict with the use of department lands, facilities, and resources by the public at large;
- (2) Excessive noise so as to deny others their right to quiet enjoyment of their recreational use of department lands, facilities, and resources; or
- (3) Multiple complaints from other visitors or parties.
- (e) “Special use” means any event, activity, or use that is beyond the normal or routine recreational use of a specific department property or an event, activity, or use requiring a permit under Ncr 743.01
Source. #14056 EMERGENCY, EXPIRED: 2-15-25 New. #14292, eff 6-25-25, EXPIRES: 6-25-35