43 CFR § 2808.10 - What is trespass?

---
identifier: "/us/cfr/t43/s2808.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 2808.10 - What is trespass?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "2808.10"
section_name: "What is trespass?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAND RESOURCE MANAGEMENT (2000)"
part_number: "2800"
part_name: "RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "43 U.S.C. 1733, 1740, 1763, 1764, and 3003."
regulatory_source: "70 FR 21058, Apr. 22, 2005, unless otherwise noted."
cfr_part: "2800"
---


# 2808.10 What is trespass?

(a) Trespass is using, occupying, developing, or subleasing the public lands or their resources without a required authorization or in a way that is beyond the scope and terms and conditions of your authorization. Trespass is a prohibited act.

(b) Trespass includes acts or omissions causing unnecessary or undue degradation to the public lands or their resources. In determining whether such degradation is occurring, BLM may consider the effects of the activity on resources and land uses outside the area of the activity.

(c) There are two kinds of trespass, willful and non-willful.

(1) *Willful trespass* is voluntary or conscious trespass and includes trespass committed with criminal or malicious intent. It includes a consistent pattern of actions taken with knowledge, even if those actions are taken in the belief that the conduct is reasonable or legal.

(2) *Non-willful trespass* is trespass committed by mistake or inadvertence.

[70 FR 21058, Apr. 22, 2005, as amended at 89 FR 25965, Apr. 12, 2024]