Section R12-8-125. Special Use Permits

A.      Special use permit required. Within a state park, a person shall obtain a special use permit from the Board before:

1.        Engaging in an activity that is prohibited by this Chapter without a permit;

2.        Excluding the general public from an area or facility within the state park;

3.        Engaging in a commercial activity not covered by a con- cession or commercial rental or retail permit;

4.        Engaging in a spectator event designed to attract a large crowd;

5.        Engaging in an activity that requires a permit from another entity such as the Coast Guard, Arizona Game and Fish Department, or a city, county, or municipality;

6.        Engaging in an activity that requires a reservation outside an area designated for use by reservation; or

7.        Using a state park area for a purpose different from that for which the area is designated.

B.       General terms and conditions. The Board shall issue a special use permit only subject to the following general terms and conditions:

1.        An application for the special use permit is submitted less than one year before the planned special use;

2.        The special use permit may be revoked if the Board deter- mines that the permit holder fails to comply with state park statutes, this Chapter, and all Board policies that are terms of the special use permit;

3.        The special use permit does not conflict with a conces- sion without written approval from the concession holder;

4.        The special use permit is issued to the first person that applies for a special use permit for a particular day at a particular location;

5.        The special use permit is issued only after the applicant complies with any indemnity and insurance requirements that the Board determines are necessary to protect the state;

6.        The special use permit is issued only after the applicant pays required fees or obtains a fee waiver under R12-8- 110;

7.        The special use does not conflict with the Board’s man- agement goals for the state park; and

8.        The special use does not create a safety hazard to partici- pants, spectators, or the general public.

C.      Private special event. The Board shall issue a special use per- mit for a private special event only subject to the following specific terms and conditions:

1.        The person requesting a special use permit for a private special event requests the special use permit for no more than seven consecutive days of use and no more than 14 days of use in a calendar year;

2.        The private special event does not significantly interfere with the public’s use of the state park; and

3.        The person holding a special use permit for a private spe- cial event does not engage in commercial activity within a state park.

D.      Public special event. The Board shall issue a special use per- mit for a public special event only subject to the following spe- cific terms and conditions:

1.        The person requesting a special use permit for a public special event requests the special use permit for no more than four consecutive days of use in a calendar quarter and no more than 16 days of use in a calendar year at a particular state park; and

2.        No more than two special use permits for a public special event are issued per day per state park.

E.       Festival special event. The Board shall issue a special use per- mit for a festival special event only subject to the following specific terms and conditions:

1.        The person requesting a special use permit for a festival special event requests the special use permit at least 120 days before the festival special event if no more than 1,500 people are expected to attend each day of the festi- val special event or at least 180 days before the festival special event if more than 1,500 people are expected to attend each day;

2.        The person requesting a special use permit for a festival special event requests no more than seven consecutive days of use and no more than 14 days of use in a calendar year at a particular state park;

3.        No more than one special use permit for a festival special event is issued per day per state park;

4.        The person requesting a special use permit for a festival special event provides to the Board a detailed plan regarding security, sanitary facilities, medical services, parking, food and drink facilities, booths, and sponsor- ships at least 90 days before the festival special event; and

5.        The person requesting a special use permit for a festival special event obtains all permits required by other entities such as a city, county, municipality, or agency and sub- mits a copy of all permits to the Board at least 30 days before the festival special event.

F.       Commercial photography special use. The Board shall issue a special use permit for commercial photography only subject to the following specific terms and conditions:

1.        The person requesting a special use permit for commer- cial photography requests the special use permit at least 30 days before the commercial photography event;

2.        The person requesting a special use permit for commer- cial photography requests no more than seven consecu- tive days of use and no more than 14 days of use in a calendar year at a particular state park; and

3.        The person holding a commercial photography special use permit does not engage in commercial activity within a state park.

Historical Note

Former Rule 25; Former Section R12-8-25 repealed, new Section R12-8-25 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-25 renumbered and amended as Section R12-8-125 effective November 1, 1981 (Supp. 81-5). Amended subsections (A) and (C) effective November 27, 1987 (Supp. 87-4). Amended effective January 1, 1997, under an exemption from

A.R.S. Title 41, Chapter 6; filed in the Office of the Sec- retary of State December 9, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 1010, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 13

A.A.R. 1115, effective May 5, 2007 (Supp. 07-1).