§ 113A‑87.1. Use ofState land for bicycling; creation of trails by volunteers.
(a) Any land held infee simple by this State, any agency of this State, or any land purchased orleased with funds provided by this State may be open and available for use bybicyclists upon establishment of a usage agreement. The usage agreement shallbe established between the land manager and any local cycling group ororganization intending to use the land and shall specify the terms andconditions for use of the land. The land manager shall designate arepresentative with knowledge of off‑road bicycle trail building tonegotiate the agreement. Upon establishment of the usage agreement, anybicyclist may use the land pursuant to the agreement.
The land manager shall not be requiredto create, maintain, or make available any special trails, paths, or otheraccommodations to any user of the land for cycling purposes. However, once ausage agreement has been established, any local cycling group or organizationmay create and maintain special trails for cycling purposes. Any trails createdfor the purpose of off‑road cycling shall be created and maintained usingcommonly accepted best practices.
(b) Notwithstanding theprovisions of subsection (a) of this section, any land may be restricted orremoved from use by bicyclists if it is determined by the State, an agency ofthe State, or the holder of land purchased or leased with State funds that theuse would cause substantial harm to the land or the environment or that the usewould violate another State or federal law. Before restricting or removing landfrom use by bicyclists, the State, the agency of the State, or the holder ofthe land purchased or leased with State funds must show why the lands shouldnot be open for use by bicyclists. Local cycling groups or organizations shallbe notified of the intent to restrict or remove the land from use by bicyclistsand provided an opportunity to show why cycling should be allowed on the land.Notice of any land restricted or removed from use by bicyclists pursuant tothis subsection shall be filed with the Division of Bicycle and PedestrianTransportation of the Department of Transportation.
(c) The Division ofBicycle and Pedestrian Transportation of the Department of Transportation shallkeep a record of all lands made open and available for use by bicyclistspursuant to this section and shall make the information available to the publicupon request.
(d) Any land open andavailable for use by bicyclists, pursuant to subsection (a) of this section,shall also be available to members of the public for hiking and walking.Persons using the land pursuant to this subsection shall yield the right‑of‑wayto bicyclists when hiking or walking on any trails created and maintained forthe purpose of off‑road cycling and so designated along that trail.
(e) Notwithstanding anyother provision of this section, any hiking, walking, or use of bicycles ongame lands administered by the Wildlife Resources Commission shall berestricted to roads and trails designated for vehicular use. Hiking, walking,or bicycle use by persons not hunting shall be restricted to days closed tohunting. The Wildlife Resources Commission may restrict the use of bicycles ongame lands where necessary to protect sensitive wildlife habitat or species andshall file notice of any restrictions with the Division of Bicycle andPedestrian Transportation of the Department of Transportation. (2007‑449, s. 1.)
§ 113A‑87.1. Use ofState land for bicycling; creation of trails by volunteers.
(a) Any land held infee simple by this State, any agency of this State, or any land purchased orleased with funds provided by this State may be open and available for use bybicyclists upon establishment of a usage agreement. The usage agreement shallbe established between the land manager and any local cycling group ororganization intending to use the land and shall specify the terms andconditions for use of the land. The land manager shall designate arepresentative with knowledge of off‑road bicycle trail building tonegotiate the agreement. Upon establishment of the usage agreement, anybicyclist may use the land pursuant to the agreement.
The land manager shall not be requiredto create, maintain, or make available any special trails, paths, or otheraccommodations to any user of the land for cycling purposes. However, once ausage agreement has been established, any local cycling group or organizationmay create and maintain special trails for cycling purposes. Any trails createdfor the purpose of off‑road cycling shall be created and maintained usingcommonly accepted best practices.
(b) Notwithstanding theprovisions of subsection (a) of this section, any land may be restricted orremoved from use by bicyclists if it is determined by the State, an agency ofthe State, or the holder of land purchased or leased with State funds that theuse would cause substantial harm to the land or the environment or that the usewould violate another State or federal law. Before restricting or removing landfrom use by bicyclists, the State, the agency of the State, or the holder ofthe land purchased or leased with State funds must show why the lands shouldnot be open for use by bicyclists. Local cycling groups or organizations shallbe notified of the intent to restrict or remove the land from use by bicyclistsand provided an opportunity to show why cycling should be allowed on the land.Notice of any land restricted or removed from use by bicyclists pursuant tothis subsection shall be filed with the Division of Bicycle and PedestrianTransportation of the Department of Transportation.
(c) The Division ofBicycle and Pedestrian Transportation of the Department of Transportation shallkeep a record of all lands made open and available for use by bicyclistspursuant to this section and shall make the information available to the publicupon request.
(d) Any land open andavailable for use by bicyclists, pursuant to subsection (a) of this section,shall also be available to members of the public for hiking and walking.Persons using the land pursuant to this subsection shall yield the right‑of‑wayto bicyclists when hiking or walking on any trails created and maintained forthe purpose of off‑road cycling and so designated along that trail.
(e) Notwithstanding anyother provision of this section, any hiking, walking, or use of bicycles ongame lands administered by the Wildlife Resources Commission shall berestricted to roads and trails designated for vehicular use. Hiking, walking,or bicycle use by persons not hunting shall be restricted to days closed tohunting. The Wildlife Resources Commission may restrict the use of bicycles ongame lands where necessary to protect sensitive wildlife habitat or species andshall file notice of any restrictions with the Division of Bicycle andPedestrian Transportation of the Department of Transportation. (2007‑449, s. 1.)
§ 113A‑87.1. Use ofState land for bicycling; creation of trails by volunteers.
(a) Any land held infee simple by this State, any agency of this State, or any land purchased orleased with funds provided by this State may be open and available for use bybicyclists upon establishment of a usage agreement. The usage agreement shallbe established between the land manager and any local cycling group ororganization intending to use the land and shall specify the terms andconditions for use of the land. The land manager shall designate arepresentative with knowledge of off‑road bicycle trail building tonegotiate the agreement. Upon establishment of the usage agreement, anybicyclist may use the land pursuant to the agreement.
The land manager shall not be requiredto create, maintain, or make available any special trails, paths, or otheraccommodations to any user of the land for cycling purposes. However, once ausage agreement has been established, any local cycling group or organizationmay create and maintain special trails for cycling purposes. Any trails createdfor the purpose of off‑road cycling shall be created and maintained usingcommonly accepted best practices.
(b) Notwithstanding theprovisions of subsection (a) of this section, any land may be restricted orremoved from use by bicyclists if it is determined by the State, an agency ofthe State, or the holder of land purchased or leased with State funds that theuse would cause substantial harm to the land or the environment or that the usewould violate another State or federal law. Before restricting or removing landfrom use by bicyclists, the State, the agency of the State, or the holder ofthe land purchased or leased with State funds must show why the lands shouldnot be open for use by bicyclists. Local cycling groups or organizations shallbe notified of the intent to restrict or remove the land from use by bicyclistsand provided an opportunity to show why cycling should be allowed on the land.Notice of any land restricted or removed from use by bicyclists pursuant tothis subsection shall be filed with the Division of Bicycle and PedestrianTransportation of the Department of Transportation.
(c) The Division ofBicycle and Pedestrian Transportation of the Department of Transportation shallkeep a record of all lands made open and available for use by bicyclistspursuant to this section and shall make the information available to the publicupon request.
(d) Any land open andavailable for use by bicyclists, pursuant to subsection (a) of this section,shall also be available to members of the public for hiking and walking.Persons using the land pursuant to this subsection shall yield the right‑of‑wayto bicyclists when hiking or walking on any trails created and maintained forthe purpose of off‑road cycling and so designated along that trail.
(e) Notwithstanding anyother provision of this section, any hiking, walking, or use of bicycles ongame lands administered by the Wildlife Resources Commission shall berestricted to roads and trails designated for vehicular use. Hiking, walking,or bicycle use by persons not hunting shall be restricted to days closed tohunting. The Wildlife Resources Commission may restrict the use of bicycles ongame lands where necessary to protect sensitive wildlife habitat or species andshall file notice of any restrictions with the Division of Bicycle andPedestrian Transportation of the Department of Transportation. (2007‑449, s. 1.)
