Last week, I opened an email to learn that the Washington State DNR (Department of Natural Resources) would be having a public hearing that evening to educate trail users about new rules in the WAC . Rumor had it that access to virtually all DNR lands would be prohibited and unsanctioned trail work would be considered criminal. The reality was not as daunting — yet there were many doubts from speakers about whether vague wording in the new rules would protect their rights to use public land — or eliminate those rights.
Among the mountain bikers who showed up were Matt Patterson and Graham Barry and several others from Dirt Corps; Justin Vander Pol from BBTC; my husband; and myself.
Doug McClelland was the primary speaker from the DNR, but he also introduced the group to Randy Acker, the DNR regional manager who has the power to enforce the rules — and Heather Cole, the region’s DNR recreation manager. Because the rules themselves don’t determine whether specific types of trail use are legal, but decisions based on those rules — by the regional manager — do, Acker is definitely one person for trail users to befriend!
McClelland mentioned that the agency benefited from 75K volunteer hours last year, especially since the DNR only has 25 staffers statewide, including one enforcement officer for each region. The region that encompasses the Seattle area and nearby lands also has three grant-funded land stewards.
One of the most important statements by McClelland that evening was that roads and trails are open unless stated closed. He mentioned that the DNR has the responsibility to inform the public of closures, and that otherwise laws are unenforceable. He also mentioned that even many violations would warrant an infraction charge rather than a more-serious misdemeanor.
Yet the more the conversation continued, the vaguer — and open to interpretation — the proposed rules seemed.
When all was said and done, it seemed that though the DNR wants to work with all trail users, that they hadn’t quite grasped the concept of freeriding and downhilling as “normal” trail activities that they could support without question.
McClelland mentioned that the agency is open to partnerships with clubs and has worked with the BBTC and other groups. Apparently the DNR is also open to trailbuilding by individuals, but in either scenario, the building must be approved by the agency first.
But one of the bits of good news is that there are grants available for trail building and maintenance. It just seems that one must jump through a few hoops first.
And McClelland and Cole also seemed very open to dialogues with trail builders and users. Though this story is local, the issues are international in scope.
The major question is how many sick trails will be built if one must get government approval first? Post Canyon in the Hood River area never got pre-approval, but the Gorge Freeride Association worked with the governing land management agency, the BLM, to approve and expand the trails after the first phase of building.
The next question becomes why are there so many hoops? Apparently it’s not liability, despite what most people would assume, because the DNR apparently has “recreational immunity” against many lawsuits.
What can we do to save our trails? And build new ones? Definitely a good first step is to connect with your local land management agency. Those of you in Washington can actually comment on these proposed rules via email to Mary Coacher at the DNR through July 8. Review the rules and point out the areas where wording could use a bit more work to safeguard trail users’ rights. Mention your own trail building experience and the benefits to the community. And it never hurts to go through official channels. But it’s also a good idea to chat with builders who have already successfully negotiated and collaborated with land management agencies after building trails first. Those who’ve gotten approval for Post Canyon, Black Rock and Port Angeles are a few good examples. Look for interviews with Northwest builders in coming weeks here on Bones Over Metal. And probably more commentary about these rules from local trail users.
Dirt Digler