1. (a) The applicable department authority shall approve an application or request for reserved or privileged use of DNCR lands, facilities, and resources if:

   1. (1) The application or group reservation form is signed and complete;
   2. (2) The applicant has complied with the requirements of Ncr 743.02 or Ncr 744.02, whichever shall apply;
   3. (3) The application or request was received in the time required; and
   4. (4) The application or request includes all documents necessary at the time of application or request submission, such as but not limited to proof of liability insurance and payment of applicable fees.

2. (b) Notwithstanding (a) above, the application or request shall be denied if one or more of the following circumstances are present, as determined by the applicable department authority:

   1. (1) The proposed use or activity violates deed restrictions or is inconsistent with department management purposes for the specific department lands, facilities, and resources, as determined by the department;
   2. (2) The location sought is not suitable because the proposed use or activity would materially impact the characteristics or functions of department lands, facilities, and resources;
   3. (3) The location sought is not suitable because department lands, facilities, and resources are reasonably likely to be harmed by the proposed use or activity;
   4. (4) The proposed use or activity is prohibited by federal or state law unrelated to the content of expressive activity;
   5. (5) The proposed use or activity violates state public health laws and rules as applied to the proposed site;
   6. (6) The proposed use or activity will pose a danger to public health, safety, and welfare;
   7. (7) The location sought is not suitable because the proposed use or activity is of such nature or duration that it cannot reasonably be accommodated in that location;
   8. (8) The proposed use or activity will delay, halt, impact, or prevent administrative use of an area by department or other scheduled or existing uses;
   9. (9) The date and time requested have previously been allotted by special use permit or group reservation, or other contract or agreement;
   10. (10) Within the preceding 2 years, the applicant has been granted a reservation or privileged use or other agreement and did, on that prior occasion, knowingly violate a material term or condition of the permit or agreement, or any law, ordinance statute or regulation relating to use of the department lands, facilities, or resources;
   11. (11) The proposed use or activity would unreasonably cause or contribute to the degradation of the visitor experience; or
   12. (12) The proposed use or activity involves military or paramilitary training or exercises by private organizations or individuals.
3. (c) If the department authority approves an application or request for reserved or privileged use pursuant to Ncr 745.02(a) above, the department authority shall forward to the applicant one completely executed copy of the special use permit or group reservation form.
4. (d) If the department authority does not approve an application or request for reserved or privileged use pursuant to Ncr 745.02(b) above, the department authority shall notify the applicant in writing, citing the specific grounds contained within Ncr 745.02(b) above for the denial.
5. (e) An applicant whose application or request is denied pursuant to Ncr 745.02(b) above, may appeal to the commissioner within 5 business days of receipt of the denial, citing all reasons the denial was inappropriate. Upon receipt of the appeal, the commissioner shall notify the applicant, in writing, of the commissioner’s decision within 48 hours, citing any denial to the grounds contained within Ncr 745.02(b) above.

Source. #14056 EMERGENCY, EXPIRED: 2-15-25 New. #14292, eff 6-25-25, EXPIRES: 6-25-35