2 Colo. Code Regs. § 406-16-1613

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

Section 2 CCR 406-16-1613 - Commercial Use Permits

A. The Division may allow Commercial Use on CPW Property through Commercial Use Permits as provided in this regulation.

1. Commercial Use Permits may be approved or denied by the Division as reasonably necessary to prevent any adverse impact on the CPW Property's intended purpose(s), CPW's mission, wildlife resources, or the CPW Property's primary management objectives, and to protect wildlife, wildlife habitat, and public health, safety, or welfare of property visitors.

2. Permits should ensure that authorized Commercial Uses will not have an adverse impact on the CPW Property's intended purpose(s), the mission of the Commission and Division, wildlife resources, health, safety, or welfare of property visitors, and should address special planning or scheduling for proper management.

3. Commercial Use Permits should not allow the use of a CPW Property in a manner which exceeds the CPW Property's established capacity or is contrary to the Property's primary management objective(s).

4. Commercial Use Permits may be considered based on a demonstrated need for the goods or services to be provided.

5. Commercial Use Permits should not unreasonably interfere with or degrade the quality of experience for the general public using the property.

B. Commercial Use Permits (Activity Permits and Event Permits)

1. Activity Permits are required for any Commercial Use that will occur on a routine or ongoing basis for up to one (1) year. Activity permits may not be valid for longer than one(1) year.

2. Event Permits are required for any Commercial Use that will occur one time or daily for a short period of consecutive days on specific date(s). If an applicant requests more than one event in a calendar year separated by seven (7) days or more, each request will be handled as a separate event. CPW Property Managers may use Event Permits to authorize events or activities on the CPW Property that are not Commercial Uses but are not allowed under any other regulation. All other requirements for Event Permits in this regulation still apply to event permits for events or activities that are not for Commercial Uses. Event Permits may not be used where a separate regulation otherwise controls the event or activity.

C. Commercial Use Permit Applications

1. An application for a Commercial Use Permit must be submitted to the CPW Property in writing and include the following:

a. Application:

1) Activity Permit: Submission of a completed application form provided by the Division. The application, at a minimum, must include an individual to contact for the Activity Permit and a reasonable description of the desired Commercial Use.

2) Event Permit: Submission of a completed application form provided by the Division. The application, at a minimum, must include an individual to contact for the Event Permit, the specific location of the Event, the anticipated number of attendees for the Event, the specific date(s) and time(s) of the Event, and a reasonable description of the Event.

a. Application fee.

b. Proof of general liability insurance naming the State of Colorado as an additional insured as determined by the CPW Property Manager.

c. Proof of additional insurance as determined by the CPW Property Manager.

d. Proof of appropriate certifications and licenses as determined by the CPW Property Manager.

e. Additional information or documents as determined by the CPW Property Manager.

f. Commercial Use Permit on a CPW Property not owned in fee title by CPW: If the CPW Property where a Commercial Use Permit will be used is not owned in fee title by CPW, the Property Owner may require significant evaluation of the impacts of the Commercial Use Permit as part of the application process. If required by the Property Owner, the CPW Property Manager may retain third party consultants to evaluate the potential adverse impacts of the proposed Commercial Use and develop appropriate strategies to offset or mitigate such risks. The applicant shall be notified if the evaluation is required, and if the CPW Property Manager decides to retain a consultant, shall be given the opportunity to provide input concerning consultant selection and scope of work. The applicant shall be responsible for the actual costs associated with this consultant review.

2. Commercial Use Permit Application timing:

a. Activity Permit applications should be submitted at least 90 days before the proposed start date for the Commercial Use. The Division may waive the 90-day application requirement or set an application date schedule in rare circumstances where arrangements can be made in a shorter time or a date schedule will not put undue administrative burden on the CPW Property Manager and the CPW Property Manager deems the shorter time or date schedule appropriate to meet the needs of the CPW Property.

b. Event Permit applications should be submitted to the Division at least 90 days in advance of the proposed event. The CPW Property Manager may consider Event Permit applications less than 90 days in advance where arrangements can be made in a shorter time and the shorter time will not put undue administrative burden on the CPW Property Manager and the CPW Property Manager deems the shorter time appropriate to meet the needs of the CPW Property.

3. The Division may give preference to Activity Permit applications from applicants who have previously held an Activity Permit for the same type of activity and are in good standing when the CPW Property Manager deems such preference is appropriate when evaluating multiple applications for the same Commercial Use opportunity.

4. Commercial Use Permit Approval

a. Upon approval of a Commercial Use Permit, a signed and approved permit will be delivered to the permit applicant. The final permit may include additional terms and conditions as reasonably necessary to prevent any adverse impact on the CPW Property's intended purpose(s), CPW's mission, wildlife resources, or the CPW Property's primary management objectives, and to protect wildlife, wildlife habitat, and public health, safety, or welfare of property visitors.

b. Terms and conditions on permits should be tailored to the specific type of Commercial Use authorized by the permit.

c. Terms and conditions may include requirements that the permit holder pay for and provide any services to be used by the participants including but not limited to sanitary services (trash receptacle and removal and portable toilets), signage, security, and EMS.

d. Terms and conditions may include requirements established by the property owner in instances where CPW manages a property through a lease or other agreement with a third party.

e. Approved Commercial Use Permits may include fees as provided by this regulation.

f. Approved Event Permits will require separate vendors for the event to obtain individual Event Permits to participate in the event as a vendor.

5. Transferability

a. Activity Permits: Activity Permits are non-transferable without the Division's prior written authorization.

b. Event Permits: Event Permits are not transferable.

D. Permits may be granted, denied, revoked, suspended, annulled, limited, or modified by the Division if the Division concludes such action is reasonably necessary to prevent any adverse impact on the CPW Property's intended purpose(s), CPW's mission, wildlife resources, or the CPW Property's primary management objectives, or to protect wildlife, wildlife habitat, and public health, safety, or welfare of property visitors. The issuance of a permit is not guaranteed. Examples of reasons Commercial Use Permits may be denied, delayed, revoked, suspended, or annulled include, but are not limited to:

1. The provisions of this regulation #1613.A.1-5.

2. Failure to provide complete application materials.

3. Failure to submit application materials by the relevant deadline.

4. Failure to pay application or other fees required for the permit, including a history of failure to pay fees by the requester.

5. Failure to comply with the terms or conditions of a permit or any prior permit held by the requester. Permit holders may correct previous errors in permit compliance, but the Division is under no duty to issue new permits following corrections.

6. Failure to properly document and report the use of CPW Property as required by a permit.

7. Conducting activities or uses of CPW Property not expressly authorized by a valid Commercial Use Permit.

E. Administrative Procedure

1. A decision to grant, deny, revoke, suspend, annul, limit, or modify a Commercial Use Permit under this regulation is subject to the Colorado Administrative Procedures Act, § 24-4-104, C.R.S.

2 CCR 406-16-1613

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