A right-of-way (ROW) permit is a discretionary and revocable special use permit issued by the National Park Service to authorize the use of lands and waters, and operation and maintenance of infrastructure, as more specifically defined in 36 CFR § 14.2. A right-of-way permit does not grant, convey, or imply transfer of title to any interest in, including a leasehold or easement interest in, the lands or waters authorized for use.
A ROW permit may only be issued pursuant to statutory authority and consistent with the standards of review found at 36 CFR § 14.5 (Review of a complete right-of-way permit application). ROW permits are appropriate to authorize utility uses such as power lines, water lines, fiber lines, and cellular communications equipment. The National Park Service does not have general authority to issue ROW permits for roads or petroleum product pipelines, however, certain parks may have specific legislative authority.
A ROW permit does not authorize exclusive use, and parks reserve the right to allow visitor and other uses of a permitted area where appropriate. The general statutory authority allowing issuance of ROW permits for use of National Park Service-administered lands is found at 54 USC 100902. The National Park Service ROW regulations are found at 36 CFR Parts 1 and 14.
All ROW permit applications must be submitted through the National Park Service’s online ROW Permit Application Portal.
- To apply for a ROW permit or to submit an inquiry to a park, use the ROW Permit Application Portal, click on the “Sign in” link in the upper right-hand corner, and sign in by selecting the “Applicant Sign in” button. For background see, 36 CFR § 14.4 Right-of-way permit application.
- From the landing screen select the “+Create New Inquiry” button on the top left-hand side, fill out the inquiry form, and click “Submit.” To help identify where a project might touch National Park Service administered land, click the link in the Application Portal.
- After the inquiry is submitted, the applicant will be connected with a park representative. Communication will occur within the Application Portal including the scheduling of a pre-application meeting (see dropdown below) with the park superintendent and/or appropriate staff to discuss the proposed project and application requirements.
- A ROW permit application, the SF-299 (see Application Form information below) and supporting documents, can be uploaded within the Application Portal and applicants will receive feedback directly.
- A nonrefundable ROW permit application charge, which reimburses the National Park Service for the preliminary costs of reviewing the inquiry, will be documented in the Application Portal.
- Applicants will be notified through the portal when all ROW permit application components have been accepted, and the ROW permit application has been marked complete.
- After a ROW permit application is accepted as complete, the park will begin processing the ROW permit application (see Application Processing information below).
Note, inquiries should be submitted as early as possible to allow sufficient time for the application process to proceed.
Early consultation with management from the park where the right of way is proposed is strongly recommended. After an inquiry is entered in the Application Portal, a pre-application meeting can be scheduled with the park point of contact.
Exchange of information through a pre-application meeting is intended to facilitate better prepared applications and timelier processing. In a pre-application meeting applicants have the opportunity to describe a proposed project and the requested area of use, and the park will provide information about application materials, procedures, required environmental and historic analysis, fees, cost reimbursement, and other considerations.
See 36 CFR § 14.3 for more information about pre-application meetings.
The National Park Service requires co-location of new utilities on or in existing infrastructure such as structures, towers, conduits, or poles whenever possible consistent with 36 CFR § 14.4 (g) co-location. If co-location is proposed the ROW permit application should include written permission from the infrastructure owner agreeing to the co-location.
A SF-299 is the application form used to apply for a ROW permit. A completed SF-299 and supporting materials identified within the National Park Service ROW Permit Application Portal will be uploaded directly within the Application Portal.
See 36 CFR § 14.4 for more information about right-of-way permit applications.
- Cost Recovery: Cost recovery charges reimburse the National Park Service for the administrative and other costs incurred in processing a ROW permit application including the non-refundable application fee for reviewing initial application materials in the ROW Permit Application Portal. If a ROW permit is issued, cost recovery is charged for managing and monitoring permitted uses. See 36 CFR § 14.7 for more information about cost recovery.
- Use and occupancy fee: The Use and Occupancy fee is an annual fee based on the fair market value of the use authorized by a ROW permit. See 36 CFR § 14.8 for more information about use and occupancy fee.
If new construction of infrastructure is proposed for a project and a ROW permit is issued, the project will also require a special use permit to authorize and manage construction. See 36 CFR § 14.11 for more information about special use permit for construction. Park staff will coordinate this permitting process with the ROW permit.
Once a ROW permit application is accepted as complete within the Application Portal, the park will begin processing the ROW permit application. The application will go through appropriate compliance processes and review to determine if a ROW permit may be issued.
Processing of a ROW permit application does not guarantee that a ROW permit will be issued. Potential reasons for ROW permit denial include, in part:
- There is no legal authority for the proposed request.
- The proposal is inconsistent for the purposes for which the park was established.
- The requested location was in a proposed or designated wilderness area.
- There is a practicable alternative to use of the park.
- The request would result in unacceptable impacts to park resources or values that cannot be mitigated.
Last updated: April 1, 2026