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08.01.02.05

.05 Prohibited Activities — State Wildlands Preservation System.

A. Except when expressly permitted under Regulation .02 or .03 of this chapter, the uses and activities in §§B—G of this regulation are prohibited in a wildland.

B. Permanent Roads, Structures, and Installations. Unless necessary to meet the minimum requirements for the purposes of the administration of the area, permanent roads, structures, or installations may not be located or constructed within a wildland. Except following public notice and hearing, the Governor, within a specific area and in accordance with any regulations the Governor considers desirable, may determine that the following permanent structures and installations in wildlands will serve the interests of the State and the State's people, and may recommend to the General Assembly passage of a bill authorizing:

(1) The establishment and maintenance of reservoirs;

(2) Water conservation works;

(3) Power projects;

(4) Transmission lines; and

(5) Other facilities needed in the public interest, including road construction and maintenance essential to development and use of specific areas.

C. Commercial Enterprise.

(1) An individual may not use the property or resources of a State wildland for commercial gain.

(2) An individual may not, within a State wildland, sell, hire, or lease an object of merchandise, or a vessel or vehicle designed or used for the transportation of passengers or property.

D. Transplanting Nonnative Wildlife. A person may not introduce nonnative wildlife to a wildland.

E. Mineral Extraction. Except for the exercise of valid mineral rights in existence at the time of designation of an area as a wildland, surface extraction of minerals is prohibited. Recovery of subsurface minerals may not be initiated from any aboveground location within a wildland.

F. Motorboat Use by the Public. Public use of motorboats within a wildland shall be eliminated over a 5-year period beginning on the date of designation by law as a wildland.

G. Prospecting for water resources unless authorized by the Governor is prohibited.

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