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US Forest Service violation- building a structure

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TXNature

Junior Member
What is the name of your state (only U.S. law)? Texas

My husband has been issued a ticket for violating the following statute at a national forest here in TX because he built a lean-to type structure as part of a class he was teaching. They didn't issue a ticket for any other violations (though they pointed out they could have).

Sec 261.10 Occupancy and use.
The following are prohibited a) Constructing, placing, or maintaining any kind of road, trail, structure,fence, enclosure, communication equipment, significant surface disturbance, or other improvement on National Forest System lands or facilities without a special-use authorization,contract, or approved operating plan when such authorization is required.

Here's why I'm freaking out:

Sec 261.1b Penalty.
Any violation of the prohibitions of this part (261) shall be punished by a fine of not more than $500 or imprisonment for not more than six months or both pursuant to title 16 U.S.C., section 551, unless otherwise provided.

I can't find anything about typical fines/punishments based on this type of violation. He was told he will need to apper in US District court in the future and they will determine the punishment. I wouldn't worry as much if the penalty only had a fine associated with it. So- do we need to get a lawyer? Any idea what a typical penalty would be in this kind of case? I'd hate to unneccessarily give my husband the silent treatment for months while this is being resolved.
 


xylene

Senior Member
Huh? Please clarify how our President is involved in OP's situation. Thanks Xylene:)
http://media.yourdailymedia.com/4/565376-asteroid_coming_black_presidents_fault.jpg

http://i.imgur.com/ifzZO.gif

http://pearlsofprofundity.files.wordpress.com/2013/03/thanks-obama-1a.jpg

http://cdn.memegenerator.net/instances/400x/23363355.jpg

I think that splains it - the President has no direct bearing, but as exectutive sets the tone for overzealous and capricious federal enforcement...
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Texas

My husband has been issued a ticket for violating the following statute at a national forest here in TX because he built a lean-to type structure as part of a class he was teaching. They didn't issue a ticket for any other violations (though they pointed out they could have).

Sec 261.10 Occupancy and use.
The following are prohibited a) Constructing, placing, or maintaining any kind of road, trail, structure,fence, enclosure, communication equipment, significant surface disturbance, or other improvement on National Forest System lands or facilities without a special-use authorization,contract, or approved operating plan when such authorization is required.

Here's why I'm freaking out:

Sec 261.1b Penalty.
Any violation of the prohibitions of this part (261) shall be punished by a fine of not more than $500 or imprisonment for not more than six months or both pursuant to title 16 U.S.C., section 551, unless otherwise provided.

I can't find anything about typical fines/punishments based on this type of violation. He was told he will need to apper in US District court in the future and they will determine the punishment. I wouldn't worry as much if the penalty only had a fine associated with it. So- do we need to get a lawyer? Any idea what a typical penalty would be in this kind of case?
Yes, he should hire an attorney.

Personally, I wouldn't worry about jail time. Your husband was just {insert a pleasant word for "stupid" here} and acted like the National Forest was his own backyard. I'm pretty sure in future he will ask his host about the rules before he breaks the law/s.

The attorney he hires will argue against detention, your husband will be all "sorry," and he'll likely get a fine.

TXNature said:
I'd hate to unneccessarily give my husband the silent treatment for months while this is being resolved.
That sentence makes no sense to me.
 

cbg

I'm a Northern Girl
The restrictions in National Parks, Forests and Seashores existed long, long before the Obama administration. This is hardly anything new.
 

TXNature

Junior Member
That sentence makes no sense to me.
I was jokingly suggesting I'd be giving him the silent treatment for the entire time it takes to resolve this issue...but if it is unlikely that the penalty will be high then I would be giving him the silent treatment unnecessarily. I had a :) at the end of the sentence but it didn't seem to post through.
 

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