| A New Day for Trail Building
Legitimacy for Freeride Trails in BC may be just Around the Corner |
Words by Mark Steinebach
Despite a rainy reputation, good, dry stretches of winter weather are a blessing in this part of the world (South-Western BC). A recent spate of blue sky and dry trails gave me the lust to get some serious riding under my belt. One week saw my wheels on the sweet trails of Vedder Mountain; the "Cunning Stunts" (don't say that too fast) of B&K in Sechelt (sunshine coast); corkscrewing, pingu/pangor'ing, and getting dusted on "Ned's" on Seymour; and getting nailed by the "Krazy Karpenter" at the Woodlot. The sheer volume of trails and acreage might lead you to assume that the state of trail access in BC is a healthy one, particularly when compared to the trail conflict issues in the USA. Your assumption would not be correct. |
 Jesse Wildman Throws Down off Vedder Mountain Stunt" (photographer Kevin Wildman) |
The high-profile troubles besetting the famous trails of Mt. Fromme, particularly at the hands of the "late" (read "ex") Councillor Ernie Crist are well known. The stories that we all know so well can be multiplied countless times across this province anywhere that someone has had the notion to build a trail.
Most of the high profile riding areas that I mentioned above have one thing in common, occupancy (in whole or in part) on Crown land. Given that Crown Land is public land that is held in trust by the province for the well-being of all citizens of BC, one might falsely assume that we citizens are allowed to "be" there.
While most of the time the "province" will not beef about us citizens mucking about on public land, this goodwill stops when a few circumstances emerge from our presence: 1) we do things that jeopardize the Crown's interest or other resource user's interest (i.e. we cut down trees, or jeopardize trees by causing erosion through trail building activities, 2) we damage the environment or 3) we increase the Crown's perceived liability exposure by endangering ourselves or others while on Crown land. Forest Recreation Regulation - Part 3
Prior to December 31, 2005 all recreational activities on Crown land were governed by the Ministry of Forests under the Forest Range and Practices Act. Section 57 of this act stated that, 'no trail could be constructed for any purpose except by written order of the minister or his designate (The Forest District Manager)'. Since that time, the new Ministry of Tourism, Sport, and Arts has been given the authority to govern trail issues.
"A bad day at Seymour is still better than a good day at the office..." (photographer Mark Steinebach)
This governmental mumbo-jumbo became a reality last year for mountain bikers who enjoy riding at Vedder Mountain. Proposed logging in heavy, mountain bike-use areas brought to light the illegal nature of these trails. Despite efforts to strike a stewardship agreement for these trails with the government, the Vedder Mountain Trails Association representatives continue to be stone-walled. Governmental concerns over unacceptable liability exposure due to the presence of unauthorized trails is the stumbling block; this despite what appears to be a clear understanding that mountain biking is not going away and these activities add substantially to economy that is generated directly from public lands.
However, now that the Ministry of Tourism, Sport, and Arts has taken over governing some recreational issues, there seems to be a greater willingness within the government to get its collective head out of its unmentionable orifice over this issue. Early in January the MTSA formed a working group (Recreational Mountain Biking on Provincial Crown Land Working Group) of various stake-holders to form a policy of recreational mountain bike use on Crown lands. Unlike much of what government does, the development of this policy is slated to be completed rapidly (March 31).
"The author flowing a gap in west coast winter-style" (photographer Kevin Wildman)
So you might think, "big deal. How does this affect my riding?" Without establishment of an official policy that nurtures our burgeoning sport we are doomed to a fringy, outlaw status. While being an outlaw might sound sexy and dangerous, it means that we will be at the mercy of the Compliance and Enforcement officers with respect to unauthorized trails and recreational use on Crown land. While there is more of us than of them, the C&E dudes have the right to cut down stunts, de-activate trails and issue fines - any of which can ruin a good day of riding.
My hope is that the bogus liability issue can finally be put to rest given the legal protection offered to land managers (including the Provincial Government) by the Occupiers Liability Amendment Act which was drafted for exactly this purpose.
Along with addressing the legal issues, there is a hope that establishment of some guidelines for acceptable trail building and maintenance might also emerge. IMBA and the Whistler Municipality both have reasonable guidelines for responsible freeride trail building and maintenance which can serve as a starting point.
"....they are simply stunning...." (photo courtesy of Graham MacDonald)
A new policy would potentially legitimize our sport. It would recognize us as the rightful stewards of the trails that we build and that we already actively maintain at no cost to the government. I can envision trails that are better built and better maintained. We would no longer live in fear that trails born from our sweat and ingenuity would disappear at the whim of a Compliance & Enforcement officer. The end result could easily afford a new day for those of us that enjoy these beautiful, rare winter days when the sweetness of the ride can give you a cavity.
- Mark Steinebach
