43 CFR § 3715.3 - Must I consult with BLM before occupancy?

---
identifier: "/us/cfr/t43/s3715.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3715.3 - Must I consult with BLM before occupancy?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3715.3"
section_name: "Must I consult with BLM before occupancy?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3710"
part_name: "PUBLIC LAW 167; ACT OF JULY 23, 1955"
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. 22  30 U.S.C. 611-615; 43 U.S.C. 1201; 43 U.S.C. 1740."
cfr_part: "3710"
---


# 3715.3 Must I consult with BLM before occupancy?

Before beginning occupancy, you must consult with BLM about the requirements of this subpart. See Table 2 in this section.

Table 2

| Consultation requirements |  |
| --- | --- |
| If you are proposing a use that would involve occupancy | Then. |
| Under a plan of operations or a modification submitted under 43 CFR part 3800, subpart 3802 or subpart 3809 | You must include in the proposed plan of operations the materials required by § 3715.3-2 describing any proposed occupancy for BLM review concurrently with review of the plan of operation. |
|  | BLM will determine whether you have complied with the requirements of this subpart together with its decision approving or modifying the plan. |
| Under the notice provisions of 43 CFR part 3800, subpart 3809 | You must submit the materials required by § 3715.3-2 together with the materials submitted under 43 CFR 3809.1-3 for BLM review concurrently with its review of the proposed activity. |
|  | Any activities in the notice that do not involve occupancy and are reasonably incident may proceed in accordance with 43 CFR part 3800, subpart 3809. |
| And is a “casual use” under 43 CFR 3809.1-2 or does not require a plan of operations under 43 CFR 3802.1-2 and 3809.1-4 or a notice under 43 CFR 3809.1-3 | You are subject to the consultation provisions of this subpart and must submit the materials required by § 3715.3-2 to BLM. |
|  | Any casual use activities that do not involve occupancy and are reasonably incident may proceed in accordance with 43 CFR part 3800, subpart 3809. |
| Or enclosures, fences, gates, or signs intended to exclude the general public | You are subject to the consultation provisions of this subpart and must submit the materials required by § 3715.3-2 to BLM. |