9. April 2021

Ideas and solutions for nature-friendly mountain biking

Ever since mountain bikers started moving off paved roads, there has been one topic where tempers in the mountain bike scene have been running high: Which paths and trails are you allowed to ride on, and who decides? In order to provide clarification, we spoke with two experts: Benjamin Trotter, staff member in the Department of Nature Conservation and Cartography at the DAV (German Alpine Association), and Ingmar Hötschel from the DIMB (German Mountain Bike Initiative).

Basically, in federal Germany, the respective nature conservation authorities of the federal states are responsible for the regulations of nature conservation. This means that mountain bikers have to observe different regulations in each federal state. The DIMB quotes on the legal situation on its website from the Federal Forest Act: "In Germany, cycling in the forest is permitted on roads and paths. The requirement of consideration applies. The federal states can regulate the details. In protected areas, ordinances can restrict cycling."

That basically sounds great, but federalism doesn't make life easy for mountain bikers, as the latest development in Bavaria shows. Here, the state government issued new administrative regulations for the enforcement of the Bavarian Nature Conservation Act at the end of 2020. This is intended to provide a more precise interpretation of the applicable regulations for recreation in nature and, in particular, for cycling in Bavaria. Among other things, this involves criteria for assessing the suitability of paths for cycling. This is a key issue that has repeatedly given rise to discussion in other German states, even beyond Bavaria's borders.

Why is there so much excitement in the MTB community about the new administrative regulations on the enforcement of the Bavarian Nature Conservation Act?

Ingmar Hötschel: There are various points in the regulations that list criteria according to which cycling on certain paths should be prohibited. This concerns the definition of suitable paths, responsibilities for path closures and community compatibility. From our point of view, it is to be feared here that these reasons can be transferred to almost every attractive path and, from our point of view, unlawful closures or warnings are threatened.

"I recommend every biker to stick to the trail rules and thus not give the landowner any reason for a possible trail closure in the first place," Ingmar Hötschel of DIMB (Deutsche Initiative Mountainbike).

But the enforcement notices are not a change in the law right?

Ingmar Hötschel: That's right. They are rather to be understood as working instructions to the lower nature conservation authorities. Nevertheless, in a joint letter with the cycling associations BDR, BRV, ADFC and the tourism associations of Upper Bavaria Munich, Eastern Bavaria, Franconia and Allgäu/Bavarian Swabia, we have written to the ministries concerned in Bavaria and appealed for changes to be included in the enforcement instructions.

Benjamin Trotter: We from the DAV have also sent a detailed statement with concrete proposals for change to the Bavarian Environment Minister Glauber.

With which result?

Benjamin Trotter: There was a conversation with Minister of State Glauber. The ministry acknowledged our efforts and is open to further dialogue. The Ministry has not yet decided when and whether the current implementation guidelines will be revised, as proposed by us. However, a three-year evaluation phase is to show whether the concerns raised by our associations actually materialize in practice.

Ingmar Hötschel: Together with Bike Magazine, we are currently calling on all mountain bikers in Bavaria to document and report new prohibition signs and road closures. In this way, we can then specifically follow up on these indications and document the effects.

"An important task for us as the DAV here is to educate and appeal to respectful coexistence," Benjamin Trotter, staff member in the Department of Conservation and Cartography at the DAV (German Alpine Association).

The topic of mountain biking and nature conservation is as old as the sport itself and the situation in Bavaria exemplifies how complex the whole thing is. What has changed for me as a mountain biker in Bavaria?

Benjamin Trotter: You have to know that the enforcement notices are not an amendment to the constitution or the Bavarian Nature Conservation Act. Single trails are therefore not taboo for me as a biker and trail closures must also be reported by the landowner and reviewed by the lower nature conservation authority before they are effective.
Ingmar Hötschel: That would be the correct procedure. However, we fear that landowners who are less tolerant of mountain bikers will put up prohibition signs before the authorities have properly inspected the trail in question. I recommend that every biker adhere to the trail rules and thus not give the landowner any reason for a possible trail closure in the first place.

Dedicated trails for mountain bikers, like here in Saalbach-Hinterglemm, ensure smooth coexistence in the terrain. Photo copyright: Markus Greber for bike'n soul Saalbach

One of the arguments of many property owners in favor of a road closure is the fear of liability in the event of accidents that occur while driving on the road. Is this justified?

Ingmar Hötschel: No, because there is a ruling of the Federal Court of Justice (BGH) from October 2012 that excludes such liability. Among other things, it states: "Risks that are inherent in moving freely in nature are basically part of the general risk of life that must be accepted without compensation." As long as there are no "unforeseeable dangers" on the path, such as unmarked pasture fences stretched across the path, the landowner has no liability risks to fear.

Benjamin Trotter: The issue of liability in particular still requires a great deal of education and persuasion. We are also experiencing this in our work on our current project on nature-friendly mountain sports in the model regions in the Bad Tölz-Wolfratshausen and Oberallgäu districts.

What is this project all about and what conclusions can the DAV draw from it so far?

Benjamin Trotter: The project is about developing and implementing sustainable mountain biking concepts in two model regions. The goal is to achieve a conflict-free practice of the sport for mountain bikers. In the process, we bring all stakeholders to the table, bundle the various needs and then propose possible solutions. In the discussion about an MTB-specific trail network, we must above all clarify liability issues and the current legal situation. For example, there are definitely ways for landowners to insure themselves against the minimal liability risks. Many just don't know that. But it's also about concepts for directing the flow of visitors, options for sustainable travel, and the widest possible range of tours and trails to avoid agglomeration at hotspots. The project is designed for three years and we would then like to transfer our learnings to other areas.

If seemingly self-evident trail rules such as "Ride only on trails!" and "Leave no tracks!" were observed, much would already be gained. Photo copyright: Markus Greber for bike'n soul Saalbach

How can I, as a mountain biker, currently contribute to improving the acceptance of our sport among all skeptics?

Ingemar Hötschel: With a good riding technique, impairments to paths can be avoided even in more difficult terrain. It is therefore important that bikers only ride where they can control the bike. Mountain bikers can also actively help to maintain trails: for example, by not riding on sensitive trails in wet conditions. Or, as is increasingly happening, by helping with trail maintenance. In addition, the Trail Rules cannot be referred to often enough in this context. If everyone adheres to these rules of conduct, a lot would be gained.
Benjamin Trotter: I fully agree with that. An important task for us as the DAV here is to educate and appeal to respectful coexistence. To this end, we have formulated 10 recommendations with which we would like to sensitize bikers to considerate behavior. In order to refute prejudices such as "mountain bikers ride cross-country, are inconsiderate and destroy trails", we have listed the common commonplace wisdom on our website and refuted it with facts and background information.
Much more information and useful tips on nature-friendly mountain biking can be found on the websites of the Alpine Club, the DIMB and the Institute for Outdoor Sport and Environmental Research at the German Sport University Cologne.