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Clearing USFS trails is illegal

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:)According to the notice posted at the Naches District office, clearing blocked trails on USFS managed land without prior permission is a crime!:D

General Prohibitions: 36 CFR 261.10 Occupancy and Use

The following are prohibited:

261.10 (a) Constructing, placing, maintaining a road, trail, fence, enclosure, communication equipment or other improvement without a permit. Bail amount $100

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I think the issue here is that there may be unmarked closed trails or unmarked user created trails that the USFS doesn't want the public out clearing. I would challenge anyone to clear the Designated trails in your area and get a ticket doing it. The rules are for other situations.

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261.10 (a) Constructing, placing, maintaining a road, trail, fence, enclosure, communication equipment or other improvement without a permit. Bail amount $100

This baffles me? :)

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I figure the chances of getting caught maintaining/clearing trail is rather remote. If they ticket one of us, I'll pitch in to help pay the fine. Can't stop us :)

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It's probably more for liability issues. If you get hurt trying to clear out a tree, there is a possibility for a law suit. ODOT won't let you clear off a highway for similar reasons.

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I was at a T.W.I.G. meeting last year at the Naches Ranger Staion and they said they did not want people clearing trails for them, but they didn't have time to get to clear the trails themselves.

Wierd.

This why I support when I can, Mikki and the Cle Elum Ranger Dist.

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That CFR is meant for people constructing NEW roads, trails, structures, etc. (think access to a marijuana grow for example) If you're just clearing an existing mapped trail, you have nothing to worry about........

Jeremy

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I would guess that rule is only meant to apply to those roads/trails the FS does not want people using anymore, but if you are clearing a trail that is on the travel map you are fine. I would call the Naches District and ask exactly what that means, I've not heard of any such rule being enforced on the forest I work on.

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I doubt anyone putting in some time to clear legal trails would ever get a ticket. However, it does not make me feel good about the efforts I put in when I see rules like this that could be used at any time against me if someone in the USFS felt like giving me a hard time. Making rules like this that can be interpreted any way the USFS wants to is insulting. Also, it sends the wrong message to the public.

Joe............

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That CFR is meant for people constructing NEW roads, trails, structures, etc. (think access to a marijuana grow for example) If you're just clearing an existing mapped trail, you have nothing to worry about........

Jeremy

Dude, you grow marijuana? Sweet.:)

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I doubt anyone putting in some time to clear legal trails would ever get a ticket. However, it does not make me feel good about the efforts I put in when I see rules like this that could be used at any time against me if someone in the USFS felt like giving me a hard time. Making rules like this that can be interpreted any way the USFS wants to is insulting. Also, it sends the wrong message to the public.

Joe............

Couldn't agree with you more. Unfortunately, this is another fine example of the FS's top down management, where the folks on top making the decisions don't think about what effects it will have on a local level.

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I think the issue here is that there may be unmarked closed trails or unmarked user created trails that the USFS doesn't want the public out clearing. I would challenge anyone to clear the Designated trails in your area and get a ticket doing it. The rules are for other situations.
That CFR is meant for people constructing NEW roads, trails, structures, etc. (think access to a marijuana grow for example) If you're just clearing an existing mapped trail, you have nothing to worry about........

Jeremy

I would guess that rule is only meant to apply to those roads/trails the FS does not want people using anymore, but if you are clearing a trail that is on the travel map you are fine. I would call the Naches District and ask exactly what that means, I've not heard of any such rule being enforced on the forest I work on.

This law is obviously selectively enforced and effective enforcement would be problematic, but I have to respectfully disagree with these interpretations.

If this law's intended application is limited to only new or closed trails that wording would have been included.

My take of this is that is a very broad tool than can be applied is such a way eliminate public access to federally managed public land if that is the desired result of the politicians and bureaucrats in charge at any given time.

Anytime I see a law created that could negatively affect me, but I am told not to worry because it won't be enforced against me, I worry.

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Not buying that. DNR is in the process of enacting new rules governing the same situation. Clear a trail without permission and your in trouble. New Forest Service Regulations in the next few years state if the trail isnt on the map (their map) then it isnt a trail. All the people with their (secret) trails will soon be criminals, :) Hehe. These laws are designed for people clearing illegal trails. Can you say REVENUE??

It's probably more for liability issues. If you get hurt trying to clear out a tree, there is a possibility for a law suit. ODOT won't let you clear off a highway for similar reasons.

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This will present two options when encountering windfall... turn around and kiss your $100 in fuel away that it took you to drive there OR create a re-route:bonk:

Agree w/ Tod this provides opportunity to further limit ORV travel, even on the few trails designated for us:prof:

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Well then they can just write me a ticket. I plan to continue clearing trails.

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hey shrub, nice avatar, you didn't clear that trail did you?

Nope. Haven't even ridden there yet.:) You, on the other hand, have ridden there and supplied a fantastic photo. If you'd like, I can add credit to you in my signature or change the avatar to something else. It's totally your call.

The image struck me as beautiful. Thanks!

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