My understanding.
Resorts operate on USFS land under a "special use permit".
Under this permit, in the eyes of the FS, the permit holder is responsible for the use of said land following terms and conditions set forth by USFS, during the term of the permit and for operating their business with the proper liability insurance.
In this case the permit holder sets the conditions for use which is necessary to determine and evaluate risk for said insurance. As such the rules they set aren't always up to the area/business but may be set by state statutes and possibly also by conditions set forth by the underwriting insurance companies.
Special use permit = trumps unlimited public access, in the interest of the business being run upon said public lands.
BTW, I find it interesting that some here get so up and arms about this.
In the first place, if these ski areas didn't exist, then neither would many of the roads, parking lots, ski runs and improvements that make the terrain accessible in the first place.
If your argument is that you would ski tour it anyway, what's stopping you from ski touring the thousands of acres that surround the ski areas? If it's because of the cut runs, the grooming or the avi control work, why does anyone owe you this at no charge?
Bottom line, most if not all ski areas are business enterprises, not philanthropic organizations.
If you want to park in the lot and access the land permitted to them to run their business, then you should expect to pay to play.
Bravo! Extremely well put.
