New guide for managing public trails on private land

Discover Comox Valley | Jarrett Lindal photo

The Outdoor Recreation Council of BC, with the support of McElhanney, has created a new publication that is intended to help landowners and trail organizations understand the complexities of developing public trails on private lands and embrace best practices.

Get your copy of the guide here.

British Columbia’s total land base comprises 94% provincial Crown land, 5% private land and 1% federal Crown land. While the vast majority of the land base “is managed to maximize and sustain the flow of benefits to British Columbians,” the significantly smaller proportion of private land is often what causes trail and recreation organizations the most challenges in designing and managing trail systems.

Identifying and building relationships with many different landowners, understanding the landowners many responsibilities and costs associated with owning the land, and a complex legal landscape all present real challenges to developing public trails on private land.

BC Crown lands reserve rights for overlapping uses, including a wide range of activities such as industry, agriculture, roadways, parks and protected areas, and recreation. BC’s Land Act, Forest and Range Practises Act, and provincial policies regulate and protect the access rights of British Columbians to this great natural resource.

Private land, on the other hand, is much more complex and owners have discretion to restrict access to their private properties. Restricted access is easy to understand when passing a fenced yard in an urban environment, but more difficult to manage with large tracts of privately-owned forests. Further, private land is typically located near and around communities, towns and cities with populations interested in recreation. Crossing private land may be the only way for recreational users to access trails on Crown land.

The following sections highlight the most critical topics for landowners and trail organizations to understand and consider when facilitating recreation on private land in BC:

1. Understanding the land base and ownership

2. Legal obligations and liabilities

3. Getting permission

4. Risk Management

5. Maintaining relationships

Those who are interested in getting a more thorough written overview of the law relating to the development, maintenance, and management of recreational trails on private land, can contact ORCBC.

Watch our September 28 webinar on developing trails on private land with presenters Magi Scallion, McElhanney and Stewart Spooner, Kootenay Columbia Trail Society.

We need your help to ensure that more people have access to the benefits of time spent in nature. Advocating for access and better policies for public recreation and developing tools and resource to support recreation groups is only possible with the support of people who care. Your support is what makes this work possible.