43 CFR § 2888.10 - What is trespass?

---
identifier: "/us/cfr/t43/s2888.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 2888.10 - What is trespass?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "2888.10"
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: "2880"
part_name: "RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 185 and 189, and 43 U.S.C. 1732(b), 1733, and 1740."
regulatory_source: "70 FR 21078, Apr. 22, 2005, unless otherwise noted."
cfr_part: "2880"
---


# 2888.10 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) The BLM will administer trespass actions for grants and TUPs as set forth in §§ 2808.10(c), and 2808.11 of this chapter.

(d) Other Federal agencies will address trespass on non-BLM lands under their respective laws and regulations.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65075, Oct. 31, 2008; 89 FR 25976, Apr. 12, 2024]