(a) The Department may issue a fee-based use permit on a property under its jurisdiction, control, or use, subject to such conditions as the Director may impose and only upon a determination that the use permit:
(1) Will meet the mission of the Department; and
(2) Will not adversely impact the use and enjoyment of the area by other members of the public.
(b) Fee-based use permits shall not be issued solely for their revenue-producing potential.