1. (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.
2. (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.

3. (c) “Commercial use” means any use, activity, or event in which any of the following occur:

   1. (1) Income is derived from use of department lands, facilities, and resources, directly or indirectly, regardless of the intent to produce a profit;
   2. (2) Attendees, participants, or guests are charged a fee by the individual, business, group, or organization;
   3. (3) The sale, promotion, exchange, or demonstration of goods or services;
   4. (4) Canvassing or soliciting, excepting the use of a vehicle, boat, or clothing permanently affixed with a commercial logo or insignia; or
   5. (5) Fundraising or membership drives, even if for a non-profit or charity organization.

4. (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. (1) Impose on or conflict with the use of department lands, facilities, and resources by the public at large;
   2. (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. (3) Multiple complaints from other visitors or parties.
5. (e) “Long-term volunteers” means an individual or group that conducts volunteer activities or work on a recurring basis, and who have the skillset and experience to work independently.
6. (f) “Nonprofit organization” means a not for profit organization, corporation, community chest, fund, or foundation organized and operated exclusively for religious, cultural, charitable, scientific, recreational, literary, agricultural, or educational purposes, or to foster amateur competition in a sport formally recognized by the National Collegiate Athletic Association, and an organization exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state or having a principal place of business in this state.
7. (g) “Single-day volunteers” means an individual or group that conducts volunteer activities or work on a non-recurring basis, including but not limited to single-day or short-term projects with a clearly defined end date.
8. (h) “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.
9. (i) “Volunteer” means an individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered. Individuals are volunteers when their services are offered freely and without pressure or coercion, direct or implied, from an employer. An individual is not a volunteer if the individual is employed by the department to perform the same type of services as those for which the individual proposes to volunteer.

Source. #14312, eff 7-10-25, EXPIRES: 7-10-35