---
kind: "section"
citation: "36 C.F.R. § 254.32"
title: "36"
number: "254.32"
heading: "Encroachments and other improvements."
url: "https://uscodex.org/cfr/36/254.32"
---

# §254.32. Encroachments and other improvements.

- (a) This subpart allows conveyance of parcels of 10 acres or less, which will resolve encroachments by persons on National Forest System lands:
  - (1) To whom no advance notice was given that the improvements encroached or would encroach, and
  - (2) Who in good faith relied on an erroneous survey, title search, or other land description which did not reveal such encroachment.
- (b) This subpart also allows conveyance of parcels of 10 acres or less that are not eligible for conveyance under [subsection (a)](#a) but are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent.
- (c) Forest Service officials shall consider the following factors when determining whether to convey lands upon which encroachments exist under subsections [(a)](#a) and [(b)](#b):
  - (1) The location of the property boundaries based on historical location and continued acceptance and maintenance,
  - (2) Factual evidence of claim of title or color of title,
  - (3) Notice given to persons encroaching on National Forest System lands,
  - (4) Degree of development in the encroached upon area, and
  - (5) **Creation of an uneconomic remnant.**
- (d) This subpart also allows conveyance of parcels that are used as a cemetery (including a parcel of not more than one acre adjacent to the parcel used as a cemetery), a landfill, or a sewage treatment plant under a special use authorization issued or otherwise authorized by a Forest Service official.

## Notes

### Amendments

[85 FR 60916, Sept. 29, 2020]

### Authority

Authority: Pub. L. 97-465; 96 Stat. 2535.

### Source

Source: 49 FR 1185, Jan. 10, 1984, unless otherwise noted.

### Amendments

[85 FR 60916, Sept. 29, 2020]