2 Colo. Code Regs. § 406-9-900

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-9-900 - REGULATIONS APPLICABLE TO ALL WILDLIFE PROPERTIES, EXCEPT STATE TRUST LANDS

A.DEFINITIONS

1. "Aircraft" means any machine or device capable of atmospheric flight, including, but not limited to, airplanes, helicopters, gliders, dirigibles, hot air balloons, rockets, hang gliders and parachutes, parasails, kite boards, kite tubes, wingsuits, zip lines and other similar devices or equipment.

2. "Camping" means the erecting of a tent or shelter of natural or manmade material, the placing of a sleeping bag or other bedding material on the ground, the parking of a motor vehicle, motor home, travel trailer or other similar equipment for the apparent purpose of overnight occupancy.

3. "Camping Unit" is defined as one of the following:

a. Two tents and a passenger vehicle; or

b. One tent plus one motorhome (Class A, B, C), motor vehicle, vehicle, trailer, slide-in truck camper, pop-up camper/trailer, boat, or other equipment of any description manufactured and/or used for the purposes of overnight occupancy; or

c. A camping unit may include additional tents only in a campsite with a tent pad; provided the tents are contained on the pad and other camping unit and camping group limits are observed; or

d. One passenger vehicle in addition to the above descriptions is authorized only if available parking space exists.

4. "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and/or property on water. This includes but is not limited to single and multi-chambered stand-up paddleboards, float tubes, and tubes.

5. "Water contact activities" means swimming, wading (except for the purpose of fishing or hunting), waterskiing, surfing, sailboarding, scuba diving, and other water-related activities which put a person in contact with the water (without regard to the clothing worn or equipment used).

6. "Youth mentor hunting" means hunting by youths under 18 years of age. Youth hunters under 16 years of age shall at all times be accompanied by a mentor when hunting on youth mentor properties. A mentor must be 18 years of age or older and hold a valid hunter education certificate or be born before January 1, 1949.

B.Public Access to State Wildlife Areas

1. Only properties listed in this chapter are open for public access.

2. The Director may open newly acquired properties for public access for a period not to exceed nine (9) months pending adoption of permanent regulations. In addition, the Director may establish and post restrictions based upon consideration of the following criteria:

a. The location and size of the area.

b. The location, type and condition of roads, vehicle parking areas and the number and type of sanitary facilities available.

c. The number of users and vehicles the area will tolerate without significant degradation to wildlife resources, and public or private property.

d. Opportunity to assure public safety, health and welfare.

3. If a property is opened for public access pursuant to this provision, the property shall be posted with a list of applicable access restrictions. It shall be unlawful for any person or vehicle to enter any such property, except in accordance with its posting and the applicable restrictions.

C.Prohibited Activities

Except as specifically authorized in 901.B of these regulations or specifically authorized by contractual agreement, official document, public notice, permit, or posted sign, the following activities are prohibited on all lands, waters, the frozen surface of waters, rights-of-way, buildings, and other structures or devices owned, operated, or under the administrative control of Colorado Parks and Wildlife:

1. To enter, use or occupy any State Wildlife Area or portion thereof for all persons 16 years of age and older without:

a. a hunting license valid for the current license year,

b. a valid fishing license, or

c. a valid Colorado State Wildlife Area pass.

Annual hunting licenses, including all big game hunting licenses, small game hunting licenses, turkey hunting licenses, annual fishing licenses, and annual Colorado State Wildlife Area passes are only valid for the individual specified on the license or pass, and authorize such individual to enter, use or occupy any State Wildlife Area or portion thereof from March 1 through March 31 of the following year, also known as the current license year. Daily Colorado State Wildlife Area passes and daily or multi-day fishing and small game licenses are only valid for the individual specified on the license or pass, and authorize such individual to enter, use or occupy any State Wildlife Area or portion thereof only on the date(s) indicated on the license or pass.

2. To enter, use, or occupy any area or portion thereof for any purpose when posted against such entry, use, or occupancy.

3. To enter, use, or occupy any area for any commercial purpose or to conduct land, water, oil, gas, or mineral investigations, surveys, or explorations of any kind except as provided in Chapter W-16 #1610-1615.

4. To operate any form of vehicle, or bicycle (motorized or non-motorized) except on established roads open to public motor vehicle use or within designated camping or parking areas. All motor vehicles and the operators thereof must comply with all Colorado statutes and regulations pertaining to motor vehicle operation. This regulation does not prohibit the use of non-motorized game carts.

5. To operate any motor vehicle, snowmobile, off highway vehicle or bicycle in excess of posted speed limits or in excess of 25 miles per hour where not posted.

6. To camp recreationally. To use or occupy a state wildlife area as a residence. Where camping is specifically authorized to leave a camp, pitched tent, shelter, motor vehicle, or trailer unattended for more than 48 hours, or to camp or to park a travel trailer or camper on any one state wildlife area for more than 14 days in any 45-day period.

7. To build, erect, or establish any permanent structure or to plant any vegetation. Only portable blinds or treestands and steps may be erected by the public on state wildlife areas. No nails may be driven into trees. Portable blinds or tree stands intended for use to hunt any big game or waterfowl during an established season may be erected on state wildlife areas no earlier than 30 days prior to the season in which they are used. All man-made materials used for blinds or tree stands during big game or waterfowl seasons must be removed within 10 days after the end of the season in which they are used. Any other portable blind or tree stand used for any other purpose must be removed at the end of the day in which they are used. The Customer Identification Number of the owner and the date(s) to be used must be displayed on the outside of all portable blinds and on the underside of all tree stands in a readily visible area. However, the erection or placement of any blind or tree stand by any person does not reserve the blind or tree stand for personal use. All such blinds and tree stands remain available for use to the general public on a first come, first-served basis.

8. To remove, modify, adjust, deface, destroy, or mutilate any building, structure, water control device, fence, gate, poster, notice, sign, survey or section marker, tree, shrub or other vegetation or any object of archaeological, geological, or historical value or interest.

9. To place fixed or permanent rock climbing hardware, unless the climber first obtains written permission from the Area Wildlife Manager pursuant to regulation #900.H. Removal of previously placed fixed or permanent climbing hardware is prohibited.

10. To litter in any form, to leave fish, fish entrails, human excrement, waste water, containers or cartons, boxes or other trash, garbage or toxic substance on any area or to bring any household or commercial trash, garbage or toxic substance to a Division-controlled area for disposal, or to dump trailer waste into any toilet or sanitary facility.

11. To set, build, or tend a fire. Where fires are specifically authorized, to allow a fire to burn in a careless manner; to leave any fire unattended; or to fail to completely extinguish any fire.

12. To release or allow livestock to graze or range on any area, except that horses, mules, llamas, and burros may be used when in direct association with wildlife recreational activities.

13. To possess, use or apply explosives (other than lawful firearm ammunition), fireworks, poisons, herbicides, insecticides or other pesticides.

14. To release wildlife or privately-owned game birds, except privately-owned game birds released for field trials, including group dog training, or on those state wildlife areas where release for dog training is specifically authorized.

15. To allow dogs, cats, or other domestic pets on any area, except dogs lawfully used while actively hunting, or while training dogs for hunting, or during Division licensed field trials. Service animals, as defined by 28 C.F.R. § 35.104 (2016) are permitted. Later amendments to the definition of service animal are not incorporated. Copies of the definition may be obtained at Colorado Parks and Wildlife, 6060 Broadway, Denver CO 80216 or via the U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001.

16. To excavate or dig trenches, holes, or pits.

17. To launch, or take out vessels, except those being actively used for fishing and/or hunting. To leave vessels beached, at anchor, moored or docked overnight, except in areas designated for that purpose.

18. To fish from, block or impede any Division-controlled boat ramps or boat docks when in conflict with boaters or as posted.

19. To snorkel, scuba dive, or spearfish with the aid of diving mask, swim fins, snorkel, and/or air tanks, except in waters where swimming is permitted, when location is properly identified by a "divers down flag," and when the scuba diver has a valid S.C.U.B.A. diver's certificate issued by a recognized S.C.U.B.A. training organization.

20. To engage in any unlawful conduct or act as defined in Title 18, C.R.S.

21. To promote, sponsor, conduct or participate in boat regattas, paintball shooting, questing, or other non-wildlife oriented activities.

22. To launch or land any aircraft.

23. To launch, land or operate any unmanned aerial vehicle including but not limited to drones, and model airplanes.

24. To leave any decoys or anything used as decoys set up in the field or on the water overnight.

25. To engage in water contact activity, except where specifically authorized.

26. To discharge a firearm or bow within designated parking, camping, or picnic areas.

27. To possess the following types of ammunition and/or firearms: tracer rounds, armor-piercing rounds, military hardened rounds with explosive or radioactive substances, .50 caliber BMG rounds, or fully automatic firearms.

28. To possess, store, or use hay, straw, or mulch which has not been certified as noxious weed free in accordance with the Weed Free Forage Crop Certification Act, Sections 35-27.5-101 to 108, C.R.S., or any other state or province participating in the Regional Certified Weed Free Forage Program. See Appendix A of this chapter. All materials so certified shall be clearly marked as such by the certifying state or province. Exempted from this prohibition are persons transporting such materials on Federal, State, or County roads that cross Division property; and hay produced on the property where it is being used.

29. Upon notification by authorized Colorado Parks and Wildlife personnel of a violation of any of the above (or any other law of the State of Colorado) and where the unlawful activity is not immediately and permanently discontinued or if it is of a continuing nature, the violator(s) may be required to leave Colorado Parks and Wildlife property for a minimum of 72 hours.

30. To trap, unless such trapping is done in accordance with the provisions of 33-6-204 (General Exemptions), 33-6-205 (Exemptions for Departments of Health), 33-6-206 (Nonlethal Methods Exemptions), #901 and Chapter W-3 of these regulations. Persons wishing to use the above-mentioned exemptions must have prior authorization from Colorado Parks and Wildlife.

31. To conduct field trials or group dog training without first obtaining a field trial license, in accordance with the provisions of Chapter W-8 of these regulations, and a Commercial Use Permit, as provided in Chapter W-16 #1610-1615.

32. Consumption of alcoholic beverages on lands and waters under the supervision, administration, and/or jurisdiction of the Division is permitted with the following exceptions:

a. It shall be prohibited to consume alcoholic beverages on any archery or firearm range unless specifically authorized by a concession contract, cooperative agreement or Commercial Use Permit, and then only allowed in areas specifically designated by the contract, agreement, or permit.

b. It shall be prohibited to sell and/or dispense alcoholic beverages on any lands and waters under the supervision, administration, and/or jurisdiction of the Division unless specifically authorized by a concession contract, cooperative agreement, or Commercial Use Permit, and then only allowed in areas specifically designated by the contract, agreement, or permit and the applicant party has obtained all appropriate licenses and permits to sell and/or dispense alcoholic beverages.

c. It shall be prohibited to be present on any lands and waters under the supervision, administration, and/or jurisdiction of the Division when under the influence of alcohol or any controlled substance to the degree that may endanger oneself or another person, damage property or resources, or may cause unreasonable interference with another person's enjoyment of any lands or waters under the supervision, administration, and/or jurisdiction of the Division.

D.Limitation of People and Vehicle Usage

1. The Director of Colorado Parks and Wildlife may establish and enforce a limitation not to exceed sixty (60) days, on public occupancy of the land and water areas owned or leased by the Division.

The Director shall use only the following criteria when establishing such limitation:

a. The location and size of the area.

b. The location, type and condition of roads, vehicle parking areas and the number and type of sanitary facilities available.

c. The number of users and vehicles the area will tolerate without significant degradation to wildlife resources, and public or private property.

d. Opportunity to assure public safety, health and welfare.

2. Whenever such limitation is exercised, the area(s) involved shall be posted indicating the specific number of persons or vehicles permitted within the area at all times when such area is posted. It shall be unlawful for any person or vehicle to enter any such area(s) posted as being fully occupied or after being advised by an officer of the Division that the area is full.

3. The Division may waive these restrictions for daytime use during a specified period of time for organized supervised groups whose numbers exceed the limitations set forth. Written approval must first be obtained from the appropriate Regional Manager.

E. Closure of Properties to Public Use

1. The Director of Colorado Parks and Wildlife may establish and enforce temporary closures of, or restrictions on, lands or waters owned or leased by the Division, or portions thereof, for a period not to exceed nine months, when any one of the following criteria apply:

a. The property has sustained a natural or man-made disaster such as drought, wildfire, flooding, or disease outbreak which makes public access unsafe, or where access by the public could result in additional and significant environmental damage.

b. The facilities on the property are unsafe.

c. To protect threatened or endangered wildlife species, protect wildlife resources from significant natural or manmade threats, such as the introduction or spread of disease or nuisance species, changing environmental conditions or other similar threats, protect time-sensitive wildlife use of lands or waters, or facilitate Division-sponsored wildlife research projects or management activities.

2. Whenever such closure is instituted, the area(s) involved shall be posted indicating the nature and purpose of the closure. It shall be unlawful for any person or vehicle to enter any such area(s) posted as closed.

F.Criteria for Activities Requiring Express Authorization - Whenever an activity requires expressed authorization (e.g. target practice) the Division shall grant or deny permission based on consideration of public safety and wildlife resource protection.

G.Commercial Use of State Wildlife Areas

1. Except as provided herein, commercial use of state wildlife areas, including, but not limited to, the provision of any goods or services to members of the general public using the state wildlife area, is prohibited. However, commercial uses of state wildlife areas may be allowed by the Division pursuant to Chapter W-16 #1610-1615

H.Special (Non-Wildlife Related) Use of State Wildlife Areas

Except for uses or activities otherwise specifically prohibited by these regulations, the Division may allow special (non-wildlife related) uses of state wildlife areas pursuant to Chapter W-16 #1610-1615.

I.Utility and Road Easements

1. The Director may grant easements, for a term not to exceed twenty-five (25) years, on properties owned in fee title by the Division after consideration of the following:

a. financial consideration for the easement represents fair market value and is no more than $100,000;

b. the easement is customary or minor in nature, or is a replacement, modification or confirmation of an existing easement;

c. the easement is not detrimental to wildlife habitat, water resources, or the operation of a hatchery, fish rearing facility or administrative facility and is in the public interest; and

d. the businesses or persons involved in or maintaining the utility or road easements are not required to have a valid hunting or fishing license, or Colorado State Wildlife Area pass.

J.Leases

1. The Director may execute documents related to existing leases wherein the Division is either the lessor or lessee, after consideration of the following:

a. the document is a renewal, extension or amendment of an existing lease;

b. the renewal or extension is for a term not to exceed twenty-five (25) years;

c. total consideration for the entire potential term of the renewal, extension or amendment represents fair market value and is no more than $100,000;

d. the renewal, extension or amendment supports, protects, enhances or is not detrimental to wildlife habitat, water resources or the operation of a hatchery, fish rearing facility or administrative facility and is in the public interest; and

e. the businesses or persons involved in or maintaining the lease are not required to have a valid hunting or fishing license, or Colorado State Wildlife Area pass.

2. The Director may execute a new lease for staff housing for a term not to exceed twelve (12) months.

2 CCR 406-9-900

37 CR 15, August 10, 2014, effective 9/1/2014

38 CR 07, April 10, 2015, effective 5/1/2015

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 11, June 10, 2016, effective 7/1/2016

40 CR 07, April 10, 2017, effective 5/1/2017

41 CR 07, April 10, 2018, effective 5/1/2018

41 CR 15, August 10, 2018, effective 9/1/2018

41 CR 23, December 10, 2018, effective 1/1/2019

42 CR 11, June 10, 2019, effective 7/1/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 11, June 10, 2020, effective 6/30/2020

43 CR 15, August 10, 2020, effective 9/1/2020

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 15, August 10, 2021, effective 9/1/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 07, April 10, 2022, effective 5/1/2022

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 07, April 10, 2023, effective 5/1/2023

46 CR 13, July 10, 2023, effective 8/1/2023

47 CR 23, December 10, 2024, effective 1/1/2025