Has Over Regulation Taken The “Public” Out Of Public Land?
Public lands in the United States have long been a symbol of freedom, adventure, and connection to nature. From the vast deserts managed by the Bureau of Land Management (BLM) to the pristine forests overseen by the U.S. Forest Service and the protected habitats under the U.S. Fish and Wildlife Service, these lands are meant to belong to the people. But as regulations, fees, and restrictions have multiplied, in some cases many times over the years, many are left wondering, is public land even public anymore?
In this blog, we’ll explore the growing web of rules, fees, and restrictions governing public lands, compare the current regulatory environment to that of 20 years ago when I started this guiding adventure, and ask whether the freedoms of public accessibility that once defined these spaces is being eroded away from the public’s domain.
The Growing Web of Regulations…
Public lands are managed by various federal agencies, each with its own set of rules and agendas. While these regulations are often intended to preserve ecosystems, protect wildlife, and ensure public safety—they have also created a labyrinth of restrictions that can feel overwhelming to the average citizen.
-Bureau of Land Management (BLM):
The BLM oversees 245 million acres of land, primarily in the western U.S. While BLM lands are often seen as the last chance hope of freedom for activities like camping, off-roading, and grazing, even these spaces have seen an increase in restrictions. Permits are now required for many activities that were once unrestricted, and large swaths of land have been designated as "Areas of Critical Environmental Concern," limiting or forbidding access to the general public.
-U.S. Forest Service:
The Forest Service manages 193 million acres of national forests and grasslands. Over the past two decades, the agency has implemented more stringent rules on camping, firewood collection, and even hiking in certain areas. Many popular trails now require permits, and dispersed camping or freelance camping, once a hallmark of Forest Service lands is being phased out in favor of designated campgrounds.
- U.S. Fish and Wildlife Service:
This agency manages national wildlife refuges, which are primarily focused on conservation. While these areas have always been more restrictive, the past 20 years have seen a significant increase in closures and limitations on activities like hunting, fishing, and even photography. And this is where the inspiration for this blog comes about.
Recently I set out on to enjoy an afternoon spent walking public lands on the banks of the Sacramento River in Northern California. My primary objective, to find antlers shed seasonally by the black tailed deer that call the reparian habitat along the Sacramento River their home. Something I have done seasonally for the past twenty years. One of the many seasonal activities I partake in throughout the course of the year. Always cautious not to disrupt or destroy any of the natural habitat living along the river. I’ve always believed strongly in leaving nature how you found it. Minimizing any human footprint left behind as a result of my presence. As well as knowing and following the plethora of laws and policies regulating these state and federally managed public lands. Navigating these legalities when crossing jurisdictional boundaries between state and federal refuge boundaries is essential to avoid legal ramifications. Even with the continued addition of regulations eating away at the opportunities these public lands provided, I still enjoy my time spent walking the river banks where I have spent the majority of my life making a living. It has become a part of me and defines who I am. Nevertheless as a citizen of the public I was drawn to report on the incident that took place on the La Baranca Unit on the Sacramento River National Wildlife Refuge in Northern California last week.
Following the historic flooding and above average rainfall Northern California received this winter. I was ready to get out in the warmth of the much needed sunshine and stretch my legs. Looking for shed deer antlers was just what i needed. Walking through the open star-thistle fields keeping my eyes pealed for the tips and bends of lost antlers. My mind was lost in the solitude and serenity of nature. I was accompanied on this day by my better half and a close friend who both also shared the same passion for the outdoors. Although we had all split up and headed different directions we communicated occasionally as to our whereabouts. After a hour of searching unsuccessfully I found my friend and we walked together down a dirt roadway that headed back to our boat we had used to access this refuge. As required by law. Which forbids access to the public by entering the refuge in any other manner. The sound of an accelerating vehicle took me completely off guard as vehicles are very seldom seen on these refuges. As we both direct our attention to the rapidly approaching patrol vehicle I can’t help but feel like we are about to be confronted in a criminal manner. I quickly start recording the confrontation that is about to take place. The patrol vehicle abruptly stops directly in front of us. A USFW wildlife officer steps out of the vehicle and asks what it is we are doing. I replied with our intentions and was met with instant rejection. The officer citing that looking for shed deer antlers was against the law and prohibited on any National Refuge. Which was new to me and left me skeptical of his determination. The officer without citing any specific law said that deer sheds were part of a wild animal and could not be picked up, moved, or removed by anyone on the property. I thought to myself, how is a disconnected antler still part of a animal? The officer reiterated the fact that what we were doing was illegal. Acting as if a serious crime against wildlife had occurred. I explained to the officer we understood and would continue on our walk without gathering and found antlers. He asked what would we be doing if we weren’t looking for antlers? I simply replied “recreating, isn’t that still authorized?” He sternly said “No”. Then asked where our boat was. I pointed in the boats general direction, turned my back to the officer and walked away feeling disrespected, and deceived. As I knew it was perfectly legal to be walking on this wildlife refuge at that time. What was this guys problem? We had actually done nothing wrong. To make matters worse, when our third party met up with us at the boat, she described a whole different encounter with this same wildlife officer. She explains to us that when the officer asked her what she was doing on the wildlife area, and she replied “shed hunting”. Nothing was said about it being illegal by the officer, just “ok, have a nice day”. What a scumbag, right? I guess having the right anatomy is all you need to find lost antlers on the Sacramento River National Wildlife Area. My hopes are the Trump Administration’s federal employee layoffs take this officers job. In my opinion the more negative contacts by wildlife officers (like this instance), the less people want to use the public lands. Wanting to avoid the harassment and negative demeanor of these types of officers. How violated it makes you feel after your freedoms have been taken away from you. Leaving folks far less likely to use the land that was intended for their use.
The Rise of Fees
One of the most contentious issues surrounding public lands is the proliferation of fees. What was once a free or low-cost experience is now often accompanied by a price tag. Don’t even get me started on the lottery for refuge duck hunting.
- Recreation Fees:
The Federal Lands Recreation Enhancement Act (2004) allowed agencies to charge fees for access to public lands. Today, it’s not uncommon to pay $10–$30 just to enter a national forest or BLM area. Campgrounds, once free or inexpensive, now often cost $20–$40 per night, or more.
- Permit Costs:
Many activities, from backpacking in popular wilderness areas to holding events or even commercial filming, now require permits that can cost hundreds or even thousands of dollars.
- Pass Systems:
While the America the Beautiful Pass ($80 annually) provides access to many federal lands, it’s an added expense that didn’t exist 20 years ago. For frequent visitors, these costs can add up quickly.
Comparing Then and Now: A Shift in Freedom
Twenty years ago, public lands were far more accessible and less regulated. Dispersed camping was widely allowed, off-roading was largely unrestricted, and fees were minimal. Today, the landscape has changed dramatically.
- Increased Regulations:
According to a 2020 report by the Property and Environment Research Center (PERC), the number of federal regulations governing public lands has increased by nearly 30% since 2000. These rules cover everything from where you can camp to what types of vehicles you can drive.
- Closures and Restrictions:
Large areas of public land have been closed to recreational use, often citing environmental concerns. For example, the BLM has designated millions of acres as "wilderness study areas," where activities like motorized travel and mountain biking are prohibited.
- Enforcement: With the rise in regulations has come a corresponding increase in enforcement. Rangers now patrol public lands more aggressively, issuing citations for violations that might have been overlooked in the past. Part of an over staffing problem during periods of uncontrolled Government spending. Which may come to a abrupt end with the Trump administrations federal cutbacks.
The Impact on Public Enjoyment
For many Americans, the increasing restrictions and fees have made public lands feel less like a shared resource and more like a heavily managed commodity. Activities that were once synonymous with freedom—like spontaneous camping trips or off-the-grid exploration—are now fraught with red tape.
- Loss of Spontaneity:
The need for permits and reservations means that many public land experiences must be planned months in advance, leaving little room for spontaneity.
- Economic Barriers:
For low-income families, the rising costs of accessing public lands can be prohibitive. What was once a free or affordable way to connect with nature is now out of reach for many.
- Cultural Shift:
The growing restrictions have led to a cultural shift in how we view public lands. Instead of seeing them as open and accessible, many now see them as places where you’re more likely to encounter a ranger writing a ticket than a fellow adventurer.
Is There a Better Way?
While there’s no denying the importance of protecting public lands for future generations, many argue that the current approach is overly restrictive and punitive. Some potential solutions include:
- Streamlining Regulations:
Simplifying the rules governing public lands could make them more accessible while still protecting the environment.
- Reducing Fees:
Lowering or eliminating fees for basic access could help ensure that public lands remain truly public.
- Increasing Public Input:
Giving the public a greater voice in how these lands are managed could help strike a balance between conservation and recreation.
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-Conclusion
Public lands are a national treasure, but they’re also a reflection of our values. As regulations, fees, and restrictions continue to grow, it’s worth asking whether we’re losing sight of what makes these lands so special: their ability to provide a sense of freedom, adventure, and connection to the natural world. If we want public lands to remain truly public, we’ll need to find a way to balance preservation with accessibility, before it’s too late.
What do you think? Have you noticed a change in how public lands are managed? Share your thoughts and experiences in the comments below. Help hold onto what is rightfully ours to enjoy.
Mike's Fishing Guide Service for Sacramento River fishing targeting King Salmon, Striped Bass, White Sturgeon, American Shad and Rainbow Trout. The Best Sacramento River Salmon Fishing Guide and Striped Bass Fishing Guide on the Sacramento River.