Long gone are the days when a person could take their off-highway vehicle (OHV) wherever they please without education or permission. Today’s riders are more responsible and want to do the right thing, at the right place, and the right time. However, finding that “right place” can often be difficult especially in states where large tracts of public land are not available. Often, the only way an OHV club or association can find a suitable piece of land that will accommodate sustainable OHV recreation is to partner with private land owners.
Purpose: There have been many successful examples of OHV clubs, associations, and state agencies partnering with private landowners to provide excellent OHV riding areas. This guide is intended to provide OHV clubs, associations, state agencies, and landowners with the information they need to partner in creating new OHV opportunities. Negotiating access with private landowners to create a trail system can seem like a daunting challenge, especially if you have never been through it. NOHVCC intends to utilize the expertise of the members of the Private Lands Team to keep you as an OHV advocate or landowner from having to re-create the wheel.
Getting Started: At this point you have obviously established a need for a riding area; you, your club members, and other members of the public have expressed a need for an organized riding area. The question is, “where is this riding area going to be?” There are several key areas to look for riding opportunities on private land:
1. Large corporate landholdings: Corporations within the mining, oil, and timber industry often have large landholdings where recreation can coexist without affecting the corporation’s business interest. In the Northeast United States there are some very good examples of trail systems that exist on private timber company landholdings. In other parts of the country successful OHV riding areas have been built on abandoned mine sites. Mine sites can often come with unique funding options which will be discussed in detail later in this document. While abandoned railroads may be too straight and lack the technical challenges desired by most OHV riders, they have proven to make very good groomed snowmobile trails. There is even a success story where an OHV riding area exists on a working cattle ranch. The key is to keep your eyes open for all available opportunities.
2. Properties adjoining existing trail systems: If you have existing trails on private or even public land you can often look to adjoining pieces of private property to expand your trail system. These property owners may have already experienced some access on to their property which could be a good opportunity to authorize the use and protect landowner resources.
3. Brownfields: The federal government defines brownfields as "abandoned, idled or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination." Brownfields are an excellent area to consider for an OHV area. Not only is a brownfield an underutilized property, but turning them into OHV riding areas revitalizes the community by turning what is often an eyesore into a positive opportunity for healthy outdoor recreation. There is even a proposed OHV riding area in an urban setting that would utilize an abandoned factory to provide an urban feel, while still allowing an outdoor recreation opportunity.
4. Undeveloped properties: Often large tracts of land are purchased with the intent to develop them in the future. These plans could be as long as 20-30 years out. If you are looking on the map and find a large piece of undeveloped private property don’t be afraid to ask the landowner what they have planned for that property. In that 20-30 year span you and your club mem and provides an informal patrol of the area. Once you and the other responsible riders begin using the new riding area on a regular basis and applying positive peer pressure to other users it becomes much harder to use the property in an irresponsible manner.
Properties where historical OHV use has taken place in an unmanaged setting are a prime location for providing order and structure to protect resources. Identifying the landowner After you have identified a suitable piece of property the next thing you need to know is who owns the property. You really can’t expect a landowner to have their personal contact information posted on a fence or on a sign on a tree, sometimes you will have to do a little research. A great place to start is to find out if your state or county has an online plat or parcel map. These geographic information system (GIS) websites are often interactive and allow you to click on a piece of land to find out who the owner is. There is generally some sort of contact information provided for the landowner as well. Of course if contact information is not provided you can also do a web search to find the landowner’s contact information. If your state or county does not provide an online map you will have to resort to the old fashion research method and go to the courthouse to research maps and records to determine who the property owner is. If it turns out that a corporation owns the property in question you will need to find out who within the corporation is responsible for decisions regarding that particular property. You can start with a web search to find out more about that corporation and if in fact they have a staff member in charge of recreation or special use permits. If a contact person is not listed you may need to contact the corporation and work through their customer service process. Approaching the landowner Once you have identified the landowner you will need to convince that individual or corporation that allowing OHV recreation is in their best interest. As was stated earlier positive effects could involve increased security and resource protection or there may be an avenue for your OHV club to help offset property taxes. Once you make contact with the landowner they are going to have some questions and it will be in your best interest to research the following items before you make the initial call: 1.
Liability: One of the first questions that a landowner will ask is “What is my liability if I allow recreational use on my land?” It is important to research your state’s landowner liability and recreation protection laws. These laws are put in place to provide protections for landowners who allow recreation to take place. Property owners will not be held liable for incidents that take place on their trails on their land unless any misconduct takes place or the property owner is found to be negligent. Avoiding those situations will be covered later in the document. American Whitewater, along with the International Mountain Biking Association and the American Association for Horsemanship Safety created a comprehensive chart with links to each state’s (when applicable) landowner liability law. It should be noted that the Whitewater Association states on their website that this chart is a good tool, but it does not have the final say when it comes to liability. You are encouraged to use good judgement when using this information and you may wish to verify your state’s liability laws with an attorney. The chart is reproduced below but can also be found at: http://www.americanwhitewater.org/archive/article/123.
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