Sec. 08.01.02.03. Permitted Activities — State Wildlands Preservation System

A. The uses and activities in §§B-I of this regulation are permitted on all State wildlands.

B. Hunting, Fishing and Trapping. A person may hunt, fish, or trap within a wildland provided it is otherwise permitted under State laws and regulations.

C. Other Recreational Uses. Unless otherwise prohibited under Department regulations, public recreational activities in keeping with the wildland character of the area are permitted and include, but are not limited to:

(1) Hiking;

(2) Canoeing;

(3) Kayaking;

(4) Rafting; and

(5) Snow skiing.

D. Motorboat Use.

(1) On all State wildlands, use of motorboats is permitted only for:

(a) State and emergency personnel conducting official business; and

(b) Landowners to gain access to their properties.

(2) At Cedar Island and Islands of the Potomac wildlands, the Department may permit motorized boat access and use within the boundaries.

(3) At Mattawoman wildland, the Department may permit:

(a) Motorized boat access and use within the boundaries; and

(b) Commercial fishing guide operations, if the base for the commercial activity is not located within the boundary.

E. Protective Installations and Practices.

(1) Wildlands shall be protected from fire, animals, insects, disease, and erosion in a manner which has minimal adverse effects on the wildland ecosystem and subject to conditions the Secretary considers desirable.

(2) Every effort will be made to provide protection with minimal disruption by locating protective installations and practices outside of, or adjacent to, the wildland.

F. Leasing of Subsurface Mineral Rights. Unless otherwise prohibited by State law or regulation, leasing of subsurface mineral rights is permitted.

G. Maintenance and Improvement of Boundary Roadways. When a county or State road is the boundary of an area designated as a wildland, the county or State is exempt from General Assembly approval of road maintenance or improvement for public safety that extend into wildlands if the activities are:

(1) Subject to normal review, permit, and approval actions as required by law; and

(2) Located within 200 feet of the road edge.

H. Underground or Aboveground Lines and Related Easements.

(1) Wildland areas are subject to:

(a) Existing easement for electrical transmission lines, natural gas lines, telephones, or other aboveground or underground lines; and

(b) Normal maintenance of lines, or of any easement held in conjunction with the lines.

(2) Upgrading or expansion of lines, with necessary approval required by law, is permitted if the rights were in effect at the time of the wildland designation.

I. Access by Individuals with Disabilities. In a wildland, individuals with disabilities may use wheelchairs or other devices necessary for the use and enjoyment of wildlands.