The District of Squamish is struggling to get a trails master plan together in a community where 90 per cent of trails are out of municipality's jurisdiction.
Without the consent of private landowners, bicycle commutes and events such as the Test of Metal, MOMAR and Stormy couldn't happen.
More than 90 per cent of the trails on the Squamish trails map, sold locally to tourists and residents alike, do not belong to the District of Squamish - a huge chunk is on provincial land and the majority belongs to local residents.
Councillors discovered the challenges to fulfilling a trails master plan after questioning the lack of detail during a Committee of the Whole presentation by planning and building manager Chris Bishop and trails co-ordinator Todd Pope on Tuesday (Sept. 21).
"I was looking for more specifics such as connection points and trail designation such as motorized, non-motorized and equestrian," said Coun. Doug Race. Planning director Cameron Chalmers came to the point.
"We do not have tenure over most of the trails system. It truthfully is not ours at this point."
Designating Valleycliffe trails to a specific usage, such as the popular Farside, S&M connector or Meet Your Maker and more, is not within the district's control since local resident Bob Fast owns most of the area.
However the district's task is made easier since Fast has been extremely open to recreational trail riders and events. But if he decided tomorrow to turn the Valleycliffe trail system into a haven for dirtbikers, he could, said Chalmers.
Not all landowners are as understanding as Fast, especially when private property use infringes on privacy as became the case when trail users began avoiding the deteriorating parts of the Valleycliffe to downtown trail, and instead detouring through two private properties.
Wes DeCooke and Perry Beckham have both installed "No Trespassing" signs to keep users away, but trail users continue to trespass and neither resident is impressed.
Beckham, whose living room picture window faces the impromptu trail, said he's concerned about liability, but he's more disgusted at people's "lack of respect."
"My frustration is that grown educated adults who can read a trespassing sign somehow feel that in spite of the fact that that's my property and my neighbour's property that they have a right to cross it," he said. "On top of that, they're righteously indignant - people swear at me, they're abusive - it's been really horrible."
Beckham put up a fence but it survived only one day before someone tore it down.
In response to the situation, Pope and Bishop proposed the district secure license of occupation agreements with property owners in the draft trails master plan.
These licenses would relieve the landowner of liability and provide the district with interim certainty about the use of the trail - ideally a win-win for both parties.
However if the property owner simply wants his privacy back, said Pope, the trail would be relocated. And even for property owners who do sign an agreement, a license wouldn't permanently dictate the trail's use. Property owners can decide whether to sign the license every year or two, giving them the choice to reassign the trail's designation.
"No private property owner would go for that [permanent deisgnation]," said David Rittberg, the stakeholder for Coast Aggregate and Diamond Head lands.
"I was a member of the trails master plan stakeholder committee that worked with the district - we agree the current license of occupation agreement in this master plan is the best document for the private landowner, the district and the public."
One hitch is that property owners can reclaim their land even though taxpayer dollars will have gone toward trails maintenance. Coun. Corinne Lonsdale said she couldn't see how that could be avoided.
"I would assume that if the maintenance plan identifies a trail a top priority, we're going to maintain them as long as there's a license agreement," she said. "At the end of the day if that property gets redeveloped and the trail relocated, that happens."
Chalmers said the district was lucky to have so many gracious landowners that not only tolerate but support recreational on their property. He also said the province has been helpful in acknowledging trails.
The Forest and Range Practice Act allows the Tourism, Culture and Arts minister to establish recreational trails on Crown land and once designated, these legal trails must be given consideration during land-use planning decisions.
In January 2010, the minister established 12 trails in the Squamish area including Wonderland, Ring Creek Rip, Ray Peters Trail, Powerhouse Plunge and Deadend Loop.
Once the tenure is resolved and the master plan complete, the trail maintenance details council was requesting could be done on a yearly basis.
A trail master plan public hearing will be held in December 2010.
