1. (a) The director of the respective department division, or their assignees, shall be authorized to review and approve work plans that are within their respective jurisdiction of land administration and operations.
2. (b) The department authority shall review and make its decision on the work plan within 30 days.
3. (c) The department authority shall request revisions to the work plan if the plan is incomplete or additional information is needed in order to make a determination. The volunteer group shall comply with the requested revisions and submit a revised work plan within 30 days for review by the department authority.

4. (d) The department authority shall approve a work plan if the conditions set forth herein are met:

   1. (1) The work plan is signed and complete;
   2. (2) The volunteer group has adequate knowledge, skillset, and experience to safely conduct the proposed work plan;
   3. (3) The volunteer group has the time, materials, and resources to adequately complete the proposed work plan;
   4. (4) There is a need, as determined by the department, for the proposed volunteer activities or work at the location identified in the work plan; and
   5. (5) The department can provide the administration and management support for the proposed work plan.

5. (e) Notwithstanding (d) above, the work plan shall be denied if one or more of the following circumstances are present, as determined by the department authority:

   1. (1) The proposed work violates deed restrictions or is inconsistent with department management purposes for the specific department lands, facilities, and resources;
   2. (2) The location sought is not suitable because the proposed work 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 work;
   4. (4) The proposed work is prohibited by federal or state law unrelated to the content of expressive activity;
   5. (5) The proposed work violates state public health laws and rules or state personnel laws and rules;
   6. (6) The group, or an individual within the group, or the proposed work will pose a danger to public health, safety, and welfare;
   7. (7) The location sought is not suitable because the proposed work is of such nature or duration that it cannot reasonably be accommodated in that location;
   8. (8) The proposed work 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, group reservation, or other contract or agreement;
   10. (10) Within the preceding 2 years, the volunteer group has been granted a volunteer agreement and did, on that prior occasion, knowingly violate a material term or condition of the agreement, or any law, ordinance, statute, or regulation relating to use of the department lands, facilities, or resources; or
   11. (11) The proposed work would unreasonably cause or contribute to the degradation of the visitor experience.
6. (f) If the department authority approves a work plan, the department authority shall provide written notification of acceptance to the group leader.

7. (g) If the department authority does not approve a volunteer application, the department authority shall

   notify the applicant in writing, citing the specific grounds contained within Ncr 754.03 for the denial.

8. (h) A volunteer group whose work plan is denied pursuant to Ncr 754.03, 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 volunteer group, in writing, of the commissioner’s decision within 10 business days, citing any denial to the grounds contained within Ncr 754.03.

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