Mo. Code Regs. tit. 3 § 10-11.110

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 3 CSR 10-11.110 - General Provisions

PURPOSE: This amendment references new sections of Chapter 11, clarifies exceptions to the prohibition of digging, excavating, and using trail cameras, and clarifies rules about special use permits.

(1) Department areas may be used only as authorized by this chapter, except these rules shall not restrict department employees or their designees when conducting offcial events or activities. Department areas may be used only in accordance with the following:

(A) Department areas designated as open to the public may be accessed and used for hiking, sightseeing, and nature observation. The locations and times when department areas may be entered, remained on, or used for these activities may be further restricted by this chapter, signs, or area maps.

(B) The following activities are allowed on department areas as further authorized by this chapter:

1. Commercial use (See 3 CSR 10-11.111);

2. Photography and videography (See 3 CSR 10-11.112);

3. Entering or remaining on department areas, or designated portions of department areas (See 3 CSR 10-11.115);

4. Possession of pets and hunting dogs (See 3 CSR 10-11.120);

5. Field trials (See 3 CSR 10-11.125);

6. Use of vehicles, bicycles, horses, and horseback riding (See 3 CSR 10-11.130);

7. Collecting of nuts, berries, fruits, edible wild greens, and mushrooms (See 3 CSR 10-11.135);

8. Camping (See 3 CSR 10-11.140);

9. Tree stands (See 3 CSR 10-11.145);

10. Target shooting and use of shooting ranges (See 3 CSR 10-11.150);

11. Decoys and blinds (See 3 CSR 10-11.155);

12. Use of boats and motors (See 3 CSR 10-11.160);

13. Taking bullfrogs and green frogs (See 3 CSR 10-11.165);

14. Hunting (See 3 CSR 10-11.180 through 3 CSR 10-11.186 and 3 CSR 10-11.190 through 3 CSR 10-11.191);

15. Trapping (See 3 CSR 10-11.187);

16. Fishing (See 3 CSR 10-11.200 through 3 CSR 10-11.215);

17. Taking feral swine (See 3 CSR 10-11.220);

(C) The following activities are prohibited on department areas and may not be authorized by a special use permit:

1. Destruction, defacing, or removal of department property;

2. Digging or excavating, except for scientific purposes as authorized by a Letter of Authorization for Plant Collecting;

3. Guiding for pay;

4. Military or law enforcement training by nongovernment entities;

5. Placing of grain, salt products, minerals, and other consumable products on land;

6. Placing or using trail or game cameras or other similar devices, except for scientific purposes as authorized by a Wildlife Collector's Permit;

7. Use of paint ball, airsoft, or similar projectile weapons not specifically authorized by this Code;

8. Placement of honey bee apiaries;

9. Parking or storage of watercraft and commercial vehicles during closed hours;

10. Use of freworks;

11. Use of remote-controlled boats or land vehicles;

12. Prospecting, exploring, mining, or extracting minerals, metals, oil, natural gas, or other nonrenewable resources, except as specifically approved by the commission; and

13. Commercial or political advertising, except for commercial advertising by authorized concessionaires or by vendors participating in department events;

(D) Activities not listed in subsections (1)(A), (1)(B), or (1) (C) of this rule may be authorized by a special use permit when the activity is compatible with other authorized activities.

(E) Issuance of a special use permit is at the discretion of the department. Application for a special use permit as required by this chapter does not guarantee that one will be issued. All persons entering, remaining on, or using a department area pursuant to a special use permit shall abide by the specific conditions stated on the permit;

(F) Signs, posted regulations, or area maps may further restrict activities in accordance with this chapter, including designating portions of department areas as open or closed to public use. Area managers may temporarily close or change regulations on department areas through posting to protect the public from hazardous conditions and threats to public safety, to protect fish and wildlife resources, and for special events or resource management activities where public use conflicts are likely to occur. All persons entering, remaining on, or using a department area shall abide by signs, posted regulations, and area maps;

(G) Collecting or possessing wild plants and wild animals (including invertebrates) and unprocessed parts thereof must be authorized by a Letter of Authorization for Plant Collecting or a Wildlife Collector's Permit, respectively, except as otherwise authorized in this Code;

(H) Waste containers may be used only for disposal of garbage, trash, refuse, or rubbish generated on the department area;

(I) Possession of food and beverage containers made of glass are prohibited on the following conservation areas:

1. Amidon Memorial Conservation Area within the Castor River Shut-Ins Natural Area; and

2. Lon Sanders Canyon Conservation Area;

(J) On Thomas Hill Reservoir, swimming, sailboarding, scuba diving, and water skiing are permitted, except water skiing is prohibited north of Highway T on the Stinking Creek Arm of the lake and on the warm water arm of the lake upstream from the marker buoys; and

(K) On Rockwoods Reservation, rock climbing is allowed only in designated and posted areas.

3 CSR 10-11.110

AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* This rule previously filed as 3 CSR 10-4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. Amended: Filed May 9, 2002, effective Oct. 30, 2002. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 10, 2008, effective April 30, 2009. Amended: Filed March 23, 2009, effective March 1, 2010. Amended: Filed Sept. 12, 2011, effective March 1, 2012.

Amended by Missouri Register August 1, 2016/Volume 41, Number 15, effective 9/30/2016

Amended by Missouri Register July 1, 2020/Volume 45, Number 13, effective 8/31/2020

Amended by Missouri Register January 15, 2021/Volume 46, Number 2, effective 2/28/2021

Amended by Missouri Register January 18, 2021/Volume 47, Number 2, effective 2/28/2022

Amended by Missouri Register April 17, 2023/Volume 48, Number 8, effective 7/1/2023

*Original authority: 252.240, RSMo 1972, amended 1984.