Forest Service Redefines Ski Areas for More Mountain Fun
Published Date: 3/25/2026
Rule
Summary
The Forest Service updated the official definition of a ski area to better match the law and make managing permits easier for both the agency and ski area operators. This change affects anyone running or planning ski areas on National Forest lands and takes effect April 24, 2026. It helps keep skiing and snow sports as the main focus while allowing some other fun activities without extra hassle or fees.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Ski-area definition revised
The Forest Service changed the official definition of a “ski area” effective April 24, 2026. The new definition says a ski area is a site designed and managed primarily for skiing (and other snow sports) and that associated facilities may support seasonal or year-round natural resource‑based recreation activities consistent with law.
Revenue test removed
The final rule removes the prior “preponderance of revenue” test that judged whether skiing and snow sports produced most of a ski area’s revenue. Instead, Forest Service officers may consider multiple factors (for example, visitation, acreage, facility square footage, length of season, financial investment, or whether the area “looks and feels” like a ski area) when deciding if the primary purpose is skiing.
Risk of re-authorization under other law
The rule keeps the statutory requirement that the primary purpose of a ski area permit be skiing and other snow sports. If a ski area is found to no longer meet that primary-purpose requirement, it may need to seek re-authorization under an authority other than 16 U.S.C. 497b to continue use and occupancy of National Forest System lands.
No new reporting or small-entity costs
The Forest Service says this final rule does not add any recordkeeping or reporting requirements and will not impose new compliance costs on States. The Department determined the rule will not have a significant economic impact on a substantial number of small entities.
Tribal governments may be affected
The Department concluded the final rule could have substantial direct effects on Indian Tribes and that consultation and coordination with Tribal governments is required. The Forest Service provided draft information (July 31, 2025) and received inquiries from the Quapaw Nation and the Snoqualmie Tribe during the process.
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Key Dates
Department and Agencies
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