A Review of Managed Off Highway Vehicle Trail Areas In Haliburton County. Prepared for the Haliburton Highlands Trails and Tours Network

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1 A Review of Managed Off Highway Vehicle Trail Areas In Haliburton County Prepared for the Haliburton Highlands Trails and Tours Network By Dr. Meg Thorburn PhD 1

2 INTRODUCTION The Haliburton Highlands Trails and Tours Network (HHTTN) has expressed interest in developing and maintaining a system of user-pay multi-use looped trails, particularly aimed towards all-terrain vehicles (ATVs) and off-road motorcycle (dirt bike) riders, in Haliburton County. The present report was commissioned by HHTTN to provide an overview of the steps that need to be taken in order to determine the feasibility, and begin implementation, of such a system. In the spring of 2008, a brief review was conducted of other motorized recreational trail systems either currently operating or in planning in the eastern United States. Particularly informative is the public-private partnership program developed over the last several years by the highly successful Hatfield-McCoy Regional Recreation Authority in West Virginia. Haliburton county politicians and employees (roads and tourism), private land-owners, trail users and activists (motorized and non-motorized) and others were interviewed to gain information and opinion on factors that could facilitate, hinder or otherwise influence the development of the project under consideration. This report first provides contextual information related to perceived benefits of the project. It then provides a summary of the Hatfield-McCoy Regional Recreation Authority (HMRRA) and discusses some of the similarities and differences between the HMRRA and the trail system being considered by the HHTTN. Finally, it identifies and discusses key areas that need to be addressed in order to initiate the development of a user-pay looped trails system geared towards ATV ers and off-road motorcyclists in Haliburton County. 2

3 CONTEXT Haliburton County (HC) has faced economic challenges over the past few decades partly due to the loss of jobs and revenue from the mines and forest-product industries. Presently, the largest sources of revenue in the county stem from recreation, cottage ownership and tourism. There is only a modest industrial base. The following statistics are taken from the 2001 and 2006 (where available) Censuses, to support the need for projects that can bring added revenue and jobs into HC. In 2006, only slightly more than half (54.5%) of the residents aged 15 years and over in HC participated in the labour force, compared to the Ontario average of 67.1%. Furthermore, only 26.7% of the residents aged 15 years and over in HC worked full-time for the full year, as compared to 38.8% of Ontarians 15 and over. Those who do work are making less. The average 2001 income for those working full-time, full-year in HC was $32,258 vs. $47,299 for the average Ontarian. The median 2001 family income, which includes earnings (wages, salary and farm, business or professional income), government transfers and other money income, in HC was $40,710 vs. $61,024 in Ontario. Although the population of HC increased by 7% between 2001 and 2006, the population of individuals between years of age, the most productive earners, decreased by 2%. The median age of the population in HC in 2006 was 50.4 years vs. 39 years for Ontario, further suggesting that younger people are needing to move out of the County to find work. Clearly, economic development and job creation is a concern in HC. The picturesque and relatively undisturbed nature of Haliburton County provides many opportunities to attract visitors and part-time residents, with subsequent economic benefit to fulltime county residents. The availability of vast networks of scenic and varied trail has already made HC a destination for motorized recreationists. A large percentage of recreational dirt bikers and ATV ers have substantial discretionary income, which could greatly benefit the residents of Haliburton County. This was confirmed in a recent survey conducted on the members of the Ontario Trail Riders Association (OFTR), which indicated that 75% of respondents had annual incomes above $60,000 (39% over $90,000). The majority of respondents only ride in Ontario, travel over 50 km to ride, and ride every week during the season (for detailed results see: ). Several organized events for off-road motorcyclists are held in HC, including the famed Corduroy Enduro and the Crystal Lake Trail ride. These events are well-attended and indicate a strong interest for riding in HC by dirt bikers. However, the majority of recreational off-road motorcyclists only rarely or never visit HC to ride at other times, since desirable trails are not clearly designated or identified and reasonably lengthed and challenging loops are not organized and maintained. (Note that off-road plated motorcycles cannot be legally ridden on (the shoulder of) public roads, so that, at present, green-plated motorcyclists cannot use roads to create their own loops.) 3

4 Haliburton County receives a fair amount of traffic from ATV ers. The Haliburton ATV Association (HATVA) actively works to try to ensure responsible ATV use. Members are encouraged to participate in official and informal club rides and in trail maintenance. Membership dues help pay for equipment, signage, insurance, maps, etc. Some club members volunteer as wardens to ensure that riders on the Haliburton Rail Trail and on private properties have appropriate trail passes and are riding responsibly. However, it is difficult to police rider behaviour on the 1,700-plus km of trail signed by HATVA, as well as on other trails and roadsides throughout the county. Certainly many Haliburton County residents feel a need for more regulation of ATV ers. Indeed, recreationists do not always tread lightly. Hence, the new recreational programs and projects needed to improve the economic status and quality of life for HC residents must also make sure to protect and enhance the county s natural lands. A very successful example of such management is The Haliburton Highlands Water Trails (HHWT), an innovative program that manages water tails systems in four geographical townships spanning over 28,000 hectares of land. It has been awarded for generating new revenue for communities while simultaneously promoting active living, greater recreations services, and environmental stewardship. A similar approach to off-road motorized trail use in Haliburton County could provide substantial economic benefits, while minimizing environmental impact and public nuisance. To quote Russ Ehnes, Executive Director of the National Off-Highway Vehicle Conservation Council (NOHVCC) in the U.S.: Management of OHV [Off-Highway Vehicle] recreation is necessary...active management of OHV recreation works as has been proven by many successful OHV recreation areas across the nation...the key to success of these areas is active management. His complete remarks to the House Natural Resources Committee on Impacts of Unmanaged Off-Road Vehicles on Federal Lands can be viewed at: 4

5 THE HATFIELD-MCOY TRAILS Extensive details on the Hatfield-McCoy Regional Recreation Authority (HMRRA) can be found in the Economic Impact Report (published October 31, 2006) at: The present section summarizes relevant information about the Hatfield-McCoy (HM) Trails from the Economic Impact Report and several other sources. The HM Trail System is presently located in south-western West Virginia, with plans to expand further in WV, and into eastern Kentucky and south-western Virginia. The dwindling coal mining industry has brought WV high economic unemployment and a lack of economic diversity. The economic base of the region served by the system is now one of the poorest areas in the U.S. In 2004, West Virginia s per capita income was only 78% of the national average, and the Hatfield-McCoy region s was only 63%. For earnings, West Virginia was only 68% of the national average and the study region s was only 48%. The Hatfield-McCoy Trails has become a major factor in improving the economic conditions of the area. The Hatfield-McCoy Trail System was first envisioned in 1989, at which time a survey was completed to determine local community leaders interest. The results were favourable, and the Hatfield-McCoy Recreation Development Coalition began consultations with the federal Bureau of Land Management for technical assistance and continued discussions with local land-owners. They also hosted three separate trail rides. In 1994 the U.S. Congress funded a $400,000 feasibility study, which indicated significant economic benefits if the project was undertaken. In 1996 the West Virginia Legislature established the Hatfield-McCoy Regional Recreation Authority to provide trail-based outdoor recreational opportunities in nine southern West Virginia Counties. The public corporation is enabled to charge fees for trail access and hire staff, including rangers with full law enforcement authority. The legislation provides exemptions from liability for private land-owners whose property is being used as part of the trail system. Even the HM Trail Rules are legislated. The first 220 miles of trail opened in late Users have increased by six-fold since then. Currently there are six trail systems in five counties comprising approximately 600 miles. The plan calls for 2,000 miles of trails with appropriate facilities and amenities. The completed recreation area in WV is expected to attract more than 600,000 visitors and generate more than $100,000,000 per year. There are plans to expand the system into Kentucky and Virginia. Presently, while permit sales are the single biggest source of revenue for the HMRRA, more than half of its funding stems from several public sources. It has also secured substantial private sponsorship. 5

6 The income from the HMRRA 2007 fiscal year budget is listed below: Public Funding & Grants Recreational Trails Program $793,000 WV Division of Tourism Marketing 79,178 WV Legislative Funding 510,000 Local Government Funding 40,000 WV Parkways Authority 250,000 Total Public Funding & Grants $1,672,178 Operational Revenue & Interest Sponsorship, Advertising & Events $334,200 Merchandise Sales & Royalties 150,000 Permit Sales 825,000 Interest 10,000 Reimbursements & Miscellaneous 20,000 Total Operational Revenue & Interest $1,339,200 It is anticipated that the HMMRA will eventually become self-sustaining. Each trail system has one or more trailheads, consisting of at least a parking and unloading area and a building with bathroom facilities, vending machines and an HM employee who sells permits and provides maps and information. Non-resident annual permits currently cost U.S. $ Detailed maps are provided for each trail system, indicating the length and difficulty of each trail section; trail intersections are clearly signed. Connecting trail corridors provide access to communities with lodging, food, fuel, supplies and other services. Virtually all of the trails in the HM system are located on private land, held primarily by a small number of corporations for coal, natural gas and timber resource development. These corporations use only a small portion of their property at any given time. The HMRRA has not had to purchase any land for trail development. Some of the likely benefits that are presented to prospective private property participants are listed in the Economic Development Report: As economic development takes place the tax burden on existing property owners may decrease or governmental services increase. As development continues property values rise. Professional trail management also reduces illegal use of private property and improves access and infrastructure. 6

7 The Economic Impact Report concludes that the HM Trail System has become a very major factor in the economy of the region and West Virginia. Some of their findings are listed below: For the State of West Virginia the total economic impact of the Hatfield-McCoy Trail System was an increase in output of $7,776,116, an increase in income of $2,789,036 and the generation of 146 new jobs... West Virginia also experiences increases in State revenue from the Hatfield~McCoy Trail System. The total amount from all sales taxes that is created by the system is $622, The tax return on [the Legislature s] investment is 125 percent... The total public investment provides a tax return of 80 percent which is considered excellent for a new public project. When the returns to the state for additional output and income are considered the pay-off to public investment is 1,037 and percent respectively. 7

8 PROPOSED TRAILS SYSTEM IN HALIBURTON COUNTY: SIMILARITIES AND DIFFERENCES WITH HATFIELD-MCCOY 1. Haliburton County is similar to the Hatfield-McCoy region in that its economic base has dwindled substantially, resulting in significant economic hardship, from the loss of natural resource-based industry. Both areas can benefit greatly from the successful introduction of wellmanaged recreationally-based tourism. Both areas have vast networks of residual trail systems from natural resource extraction activities. 2. Both regions are located within a day s drive of large population centres and in areas where there is a relative shortage of motorized trail-related opportunities, which provides great opportunity for the successful development and expansion of motorized-use trails. 3. Both regions include large areas of privately-owned land where well-managed trail facilities could exist without hurting the landlord s economic interests. A difference is that a significant percentage (~30%) of Haliburton County is crown land and there are, relatively, many more non-corporate private land-owners in HC. The HMRRA region does not have a large number of part-time residents (cottagers) who contribute heavily to the tax base, as is the case in Haliburton County (approximately 50,000 people own lakeside properties in HC). There are several successful OHV recreation areas located on public land in the western United States. Using crown land in Ontario for user-pay OHV recreation in Ontario might be more administratively/legislatively complicated than using private land; however, the availability of large tracts of crown land in western Haliburton County provides an opportunity that should be further investigated. Piecing together small tracts of land owned by different owners could also prove quite difficult. For instance, an interviewed owner of a small tract of land (57 acres) stated that she might be willing to let her land be used as part of an OHV trail system, but only if the trail was located far from their house; this would not provide many metres of trail. It will be important to address the concerns of cottagers; the location of cottages will likely strongly influence site selection. 8

9 4. There are important legislative differences between West Virginia, U.S.A. and Ontario, Canada. It is unlikely that the Ontario Legislative Assembly would, as has been done by the WV Legislature for the HMRRA: provide exemptions from liability for private land-owners whose property is being used as part of the trails system (included in this is the provision of a state-issued license to the HMRRA to permit public recreational use of all the land where trails are developed and maintained) create a mechanism to give trails rangers (wardens) full law-enforcement authority establish, as law, trail system rules and regulations directly provide large amounts of guaranteed annual funding create a statutory corporation for governance of the trails system It will be somewhat more challenging in Haliburton County to address liability and enforcement issues. This is further addressed in subsequent sections. 5. Comparatively more government funding is available for projects of this sort in the U.S. For instance, the U.S. has a unique program, the Recreational Trails Program (RTP) of the Federal Highway Administration, which allows states to grant federal funds to trail projects. The HMRRA works in conjunction with the West Virginia Division of Highways and the RTP to coordinate funding for their trails system. Between 1996 and 2004, HMRRA received nearly $3,000,000 in funding from government sources for trail development, maintenance, etc. It will be relatively more challenging in Haliburton County to access significant funding. This is further addressed in subsequent sections. 6. Haliburton County has already developed and strongly promotes non-motorized recreational tourism, which is something that has not been developed in the HM area of West Virginia. It will be important to site OHV looped-trails where they will not disturb other tourists, and to market the system in a manner that will not alienate other tourists. 7. West Virginia has a somewhat longer ATV and dirt bike season. This may affect, moderately, the amount of revenue that can be generated through userfees. 9

10 NEXT STEPS 1. Governance: Choose the lead organization The consensus among those interviewed for this report was that the Haliburton Highlands Trails and Tours Network would be the most appropriate agency to develop and govern the proposed trail network. The HHTTN was founded in 1999, and its directors and members have gained a great deal of experience in developing and managing trails. It appears to have a substantial volunteer base and a strong voice in Haliburton County and in the Ontario Trails Council. Although HHTTN does not have a history of working with motorized trail use, some of the current directors are active leaders in ATV and off-road motorcycle organizations. 2. Advisory Committee The HHTTN should consider developing a specific advisory committee for this project, which would include representatives from all members of the community who might be, or perceive themselves to be, impacted or involved, such as: county and township elected officials county and township employees (tourism, roads, etc.) trail groups - motorized (HATVA, OFTR), non-motorized (HHWT) local business owners, especially in the service industry land-owners - corporate, full-time resident, cottager local environmental groups (eg., the Haliburton Highlands Stewardship Council) regionally-based funding agencies (HCDC) local OPP and By-Law enforcement media Some of these people are already available from the HHTTN Board of Directors. 10

11 3. Feasibility - Ascertaining interest and cost/benefit The U.S Congress funded a $400,000 feasibility study prior to the development of the Hatfield- McCoy Trail System. While this is likely far beyond the level of funding that is needed or that could be obtained in Haliburton County, it is strongly recommended that a feasibility study be carried out to estimate or ascertain: I. The costs of developing and maintaining individual trailheads and trails II. Other administrative costs (salaries, advertising and marketing, insurance, etc.) III. Economic benefits (visitors per year (how many, from where, how to attract them), direct and indirect revenue generated, jobs created, etc.) IV. Potential sources of funding for start-up, development and maintenance until selfsustaining V. Potential obstacles (lack of ancillary services, opposition from full or part-time residents, liability issues, etc.) It will likely be difficult to obtain support (logistical or financial) from the County or from significant funding sources without first completing a feasibility study. In addition, a feasibility study will identify areas critical to the success (or failure) of the proposed project. While it is beyond the scope of this report, some of the above areas will be touched on briefly in this and the subsequent section. A. Cost of individual trailheads/trail loops As an example, quoted below is an estimate for constructing an off-road vehicle recreational area on 350 acres of public land in Florida, published by the Florida Department of Agriculture and Consumer Services ( Off-Highway Vehicle Safety & Recreation Act Report, Dec 2002, which can be found at: ): Trail Development $10,000 Signage/Kiosk/Brochures $5,000 Parking/Fence Perimeter $60,000 Small Restroom $56,000 Day Use Area with pavilion & Tables $30,000 Subtotal $161,000 20% for Permitting, Design, Utilities, Site Preparation, etc. $32,200 Construction Total $193,000 Further included were funds for a full-time position, an ATV for patrol, a pick-up truck and fuel and miscellaneous expenses. 11

12 B. Funding There are several potential sources of funding for a feasibility study and initial start-up costs. Some government sources to consider include the Rural Economic Development Program, HCDC (the Eastern Ontario Development Program), the Ontario Trillium Foundation and the Ontario Ministries of Tourism and Health Promotion. Obtaining significant long-term funding may prove more difficult. However, increasing funds for such efforts are becoming available through private organizations such as the Canadian Off-Highway Vehicle Distributors Council (COHV). (Among other activities, the COHV is lobbying the Ontario government to allocate revenue generated from OHV licensing fees to a special purpose fund, which could be drawn on for projects such as this.) Determine if the long-term objective is for the trails system to become self-sufficient, and, if so, what this means (whether, and to what degree, operations may depend on ongoing industry sponsorship, private donations, etc.). C. Local support and opposition Although not obviously opposed to the proposed trails system, it appears that County politicians will need to convinced that there is a solid master plan, with public participation and strong evidence of economic and other benefits (eg., controlling/decreasing unmanaged off-road vehicle use), before they will actively support it. As elsewhere, some residents of Haliburton County, both full-time and part-time, will be (often adamantly) opposed to off-road vehicle use, for a variety of reasons. It will be important to keep the public informed and educated about the process, and provide forums to get input from concerned citizens. A lot of these potential difficulties can be resolved through appropriate site selection (see below). It will be important to keep the media informed, eg. with regular press releases, in order to prevent or reduce misinformation. D. User-group and industry support Efforts should be made to ensure the support of the Ontario Federation of All-Terrain Vehicles and ATVOntario. It is anticipated that industry organizations, such as the COHV and the Motorcycle & Moped Industry Council, will strongly endorse this project. The Ontario Federation of Trail Riders, which represents off-road motorcyclists in Ontario, strongly supports this proposal. E. Legislative permission Permission for trails systems will be required at the municipal level. The four municipalities have established procedures for approval, which include dissemination of information and public meetings. Depending on the site(s) selected, zoning changes may be required. 12

13 4. Liability and enforcement One of the major responsibilities of the governing body will be to enter into acceptable and longterm agreements with land-owners that provide protection to land-owners against lawsuits, vandalism, trespassing, littering, etc. and provide the governing body with the authority to develop and maintain trails and trailheads, collect fees, enforce trails rules, etc. It will be imperative to address liability issues. Protection from lawsuits was the main concern voiced by local land-owners when questioned about their willingness to have their land used for user-pay trails. Legislative aspects of liability need to be investigated (see Ontario s Occupiers Liability Act and Off-Road Vehicles Act). Various insurance options should be explored, possibly by hiring an insurance consultant as well as interviewing owner/operators of private OHV facilities in Ontario. Rules of conduct will need to be written. These should include specific riding and machine rules (eg., speed limits, maximum sound levels, requirements for proper equipment and clothing, trail etiquette) as well as general rules to ensure that there is no littering or vandalism and, where requested by land-owners, no trespassing or camping on other parts of the property. The Hatfield-McCoy Trail Rules (see: ), provide an excellent example for the trail system being considered in Haliburton County. An enforcement system will be needed when trails are operating, in order to ensure that user fees have been paid, inspect for spark arresters and necessary safety equipment, monitor sound levels and provide other guidance. The mechanism for this needs to be investigated, including whether by-law changes will be needed and whether to involve the OPP. 5. Developing criteria for site selection Securing the necessary suitable land is often the most difficult task in developing an OHV trails system. A list should be developed of the factors that will be used to identify and prioritize potential sites for looped trails. Some of these factors include (NB - this is not an exhaustive list): A. Level of potential conflict with other outdoor recreationists, local residents and/or cottagers Concern was expressed by several people interviewed that motorized use trails not be located in the vicinity of the more populated regions of the County, or in areas with high numbers of nonmotorized recreational visitors (hikers, canoeists, etc. - eg., Haliburton, Dorset). Also, sites should be located such that other people are not disturbed by the sound of OHVs. B. Environmental considerations Sites should be chosen where there will be minimal environmental impact, and where proper trail design and construction can minimize ecological damage. 13

14 C. Municipal buy-in Determine which of the four municipalities are interested in participating in this project. D. Access to site Ideally, trailheads will be located beside, or very close to, major roads or highways. E. Access to facilities Trailheads in the Hatfield-McCoy are located close to communities, with trail linkages leading into those communities. It is believed that the economic benefits of the system are maximized when trail users have ready access to businesses and services in local communities (gasoline stations, restaurants, stores, mechanics, etc.). The use of trail linkages should be considered both in site selection and site lay-out, since green-plated off-road motorcycles are never allowed to access public roads in Ontario (except for crossing) and there are many roads that are still not approved for ATV travel. Since OHV'ers need a car or truck to drive their OHVs and themselves to trailheads, they are usually prepared to drive some distance for their overnight accommodations. However, there may be some benefit to siting trailheads relatively close to areas with adequate infrastructure (eg. resorts in Harcourt and Wilberforce). F. Identifying available land Haliburton County has both private and public land that might suit the proposed project. The relative advantages and disadvantages of each source should be determined. With regards to private land, willing and reliable land-owners need to be identified, and their needs ascertained. Initial discussions with private land-owners revealed concerns about liability, disturbances to neighbours, litter and illegal camping. It was also suggested that a tax break would be a helpful incentive, especially for those who own larger pieces of land with higher tax rates. Legal agreements under which the land will be used and the land-owners protected need to be developed. G. Size According to the Florida Off-Highway Vehicle Safety & Recreation Act Report : For dispersed OHV trail riding, areas of at least 500 acres and ideally greater than 1,000 acres would be the preferred size. It should be noted that tracts less than 500 acres could be suitable based on characteristics of the property. 14

15 SUMMARY Many benefits may result from the development of a user-pay OHV looped trails system in Haliburton County. Substantial economic benefits may result from tourist dollars being injected into the local economy, including increased spending at existing services, development of new services, and direct and indirect job creation. Workers employed by the OHV system could be used to assist with other non-motorized HHTTN trails projects, which are less able to be sustained by user fees. Offering OHV ers an enjoyable and managed trails system should lead to less non-permitted use of trails, with its risk of harm and liability, environmental degradation and disturbance of residents and other visitors. However, it is important to recognize that there are many steps involved in developing such a system, and that it may take several years and substantial investment before the first paid rider hits the trail. This report presents an overview of the proposed system and summarizes similarities and differences between relevant aspects of Haliburton County and the region in which the highly successful Hatfield-McCoy Trails are located. Several issues that need to be investigated and addressed in the initial phases of project development are listed and discussed. It is recommended to: 1. Designate the Haliburton Highlands Trails and Tours Network as the governing organization 2. Develop a specific advisory committee for this project 3. Commission a feasibility study, to estimate or identify: i) Costs ii) Economic benefits iii) Sources of funding iv) Potential obstacles 4. Carry out a study to determine the best method to address liability issues 5. Initiate discussions to gain the support of other provincial motorized user-groups of ATVs, Motorcycles and possible four wheel drive trucks. 6. Develop criteria for site selection, including: i) Level of potential conflict with residents and other visitors ii) Ability to minimize environmental impact iii) Level of interest and support from the municipality iv) Access from major roads v) Access to communities with desired facilities vi) How to identify and work with willing and reliable land-owners vii) Requirements for use of public land viii) Minimum acreage required 7. Write draft rules of conduct 8. Carry out a study to determine how rules and payment will be enforced 9. Keep the public informed and provide venues for public input 15

16 RECOMMENDED READING Park Guidelines for Off-Highway Vehicles: A Resource Guide to Assist in the Planning, Development, Enhancement, and Operation of OHV Recreation Facilities This excellent guidebook was published by the National Off-Highway Vehicle Conservation Council in Although some of the information is not relevant to the Canadian situation, this book provides start-to-finish, step-by-step recommendations on the development of motorized trails systems. Management Guidelines for OHV Recreation Another resource guide published by the NOHVCC in 2007 to help in the planning, development, operation and maintenance of environmentally sustainable and quality OHV trails, trail systems and areas. Available at: The Economic Impact Report for the Hatfield-McCoy Regional Recreation Authority (published October 31, 2006): Hatfield-McCoy Trail Rules: Russ Ehnes s presentation to the House Natural Resources Committee on Impacts of Unmanaged Off-Road Vehicles on Federal Lands : 16