Sec. 205. Roads
352 words·~2 min read·
/bill/113/s/769/is/section-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A setback under this section shall be measured from the center line of the road. Except as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at— 300 feet from a paved Federal or State highway; 100 feet from any other paved road or high standard dirt or gravel road; and 30 feet from any other road. Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at— 200 feet from a paved Federal or State highway; 40 feet from any other paved road or high standard dirt or gravel road; and 10 feet from any other roads.
If, between the road and the boundary of a setback area described in paragraph
(2)or
(3)of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. If, between the road and the boundary of a setback area specified in paragraph
(2)or
(3)of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. The Secretary shall make a boundary adjustment under subparagraph
(A)only if the Secretary determines that doing so is consistent with wilderness management goals. Any deviation under this paragraph from the setbacks required under in paragraph
(2)or
(3)of subsection
(a)shall be the minimum necessary to exclude the disturbance. The Secretary may delineate a wilderness boundary at a location within a setback under paragraph
(2)or
(3)of subsection
(a)if, as determined by the Secretary, the delineation would enhance wilderness management goals.