West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-8 - Special Utilization Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Executive Director may issue a special utilization license to authorize the use
				of specified facilities of the Hatfield-McCoy Recreation Area by a class of
				vehicle use that would not be permitted in the absence of the license. Upon
				application, a special utilization license may be issued to the owner or
				operator of a single vehicle or to an event promoter or sponsor or to a
				responsible organized user group.
8.2. Where a multiple-vehicle special
				utilization license is issued to an event promoter, sponsor, or user group, it
				shall be the responsibility of the promoter, sponsor, or user group to assure
				that each vehicle operator participating in the event has received a copy of
				the license; is aware of and has agreed to comply with all of the conditions,
				restrictions, and requirements applicable to that license; and is properly
				displaying the license in or on the vehicle.
8.3. Every person driving or riding as a
				passenger in any vehicle covered by any special utilization license must hold
				and display a currently valid user permit except that where the special
				utilization license expressly exempts all or some specific persons in the
				covered vehicle from the user permit requirements, such persons need not hold
				and display a user permit.
8.4. A
				special utilization license shall be valid only during the specific dates and
				times specified on the face of the license, which may be any limited period up
				to and including one year.
8.5.
				Special utilization license fees -- Application for a special utilization
				license shall be made to the Executive Director by such means as the Authority
				shall establish accompanied by the basic fee Specified by the Authority for
				such license. Where unusual expenses or loss of income will be incurred by the
				Authority as a result of the use of the trail system contemplated by the
				special utilization license application, the Executive Director may negotiate
				with the license applicant and assess any additional fee necessary to recover
				those expenses.
8.6. Special
				utilization licenses are issued entirely in the discretion of the Executive
				Director based on consideration of the following factors:
8.6.a. The availability and suitability of
				trail or other facility to accommodate the contemplated recreational
				use;
8.6.b. The number of trail
				users expected for the licensed activity, and the volume of other recreational
				traffic anticipated at the time the licensed activity would be
				undertaken;
8.6.c. The ability of
				the Authority staff to adequately and properly provide staffing assistance to
				the licensed activity while also carrying on normal staff functions;
8.6.d. The need to protect all trail users
				from unnecessary hazards;
8.6.e.
				The need to protect trails and other facilities from damage;
8.6.f. The condition of the trail tread and
				other facilities due to weather and other variables;
8.6.g. The potential of the anticipated use
				to cause damage, problems, or hazards due to the size, weight, footprint, and
				cargo capacity of the vehicles that would use the facilities;
8.6.h. The desirability of opening the trail
				system to new user markets and the need to experiment with particular kinds or
				classes of use to determine suitability and compatibility;
8.6.i The demonstrated responsibility,
				including financial and organizational responsibility, of the applicant for the
				license; and,
8.6.j. Any other
				factors deemed appropriate under the circumstances by the Executive
				Director.