Video: How To Not Build Illegal Trails with Ben Cathro
Words: Ben Cathro
Photography: Innes Graham
Last year like so many others during the various pandemic lockdowns around the world, I wanted to do something constructive with my new found spare time. I had always wanted to build my own personal training track that I could use to prepare my bikes and my body for racing so building a track was the obvious choice. The fact that I had to produce some interesting episodes of the Pinkbike Privateer series while no races were happening may have also been a driving force. I was lucky enough to have excellent terrain nearby which meant a short on bike commute with my tools and packed lunch in compliance with Scottish lockdown rules. I'd been eyeing up this location for a while as I frequently rode other trails in the same forest and had been imagining all the features I could build while gazing at the natural shapes in the terrain.
There's a vocal minority that still hate on eMTBs but it made this job so much easier!
Some sections were left quite natural to cut in over time
Once I'd established with local builders the rules for trail construction in the forest, I dove into this project all guns blazing and maximum enthusiasm. I ditched my training regime, sacked off my other projects and started building. This was a full time job both figuratively and literally. I'd spend all day up on the hill planning things out, clearing branches, turfing grass, shaping features then come home exhausted to help my wife out with our new born. Rinse and repeat for 6 days a week with one day off to look after my wife and let my body recover. It was physically demanding but I couldn't stop grinning to myself that I was getting to do something so cool as part of my job.
This multi-line section took many re-builds to get it running just right.
Utilising natural features and shapes in the ground is my favourite part of building.
I did have a finite amount of time to get the track finished as unbelievably World Cup organisers had managed to schedule some events despite all the European countries strongly advising against travel. I only had just over a month to get it finished and film the now famous "Not A Race". I was going to need a lot of help as the ground was really demanding to work with. Luckily, during the build I got a tonne of help from some generous locals. There were more volunteers than I can remember but Duncan Edwards, Barry Mason, Euan Thomson and Callum Foster in particular put in some big shifts. Thanks to all of you for your time. With the extra hands we just managed to get things finished on time and filmed the Pinkbike project for Episode 4 of the Privateer series.
Volunteers are just the best
Trying to look cool on track opening day. Photographer - Innes Graham
With the build done and film project completed it might sound like everything went exactly to plan. Well, what you might not be able to tell in the videos is that I was crapping myself the whole time as I had found out the landowner was extremely unimpressed with my building shenanigans and was discussing the best course of action to punish my illegal actions. That's right, it turns out I'd not researched things enough and had illegally built a trail on Forestry and Land Scotland's (FLS) property. Not only that, I was hearing whispers that I had built the track through a medieval monument which can incur massive fines if it is protected. Suffice to say I was stressing the f**k out and did not know what was going to happen.
This centre photo nearly cost me thousands of pounds in fines.
Look at this goof, totally clueless to the issues he's created. Photographer - Innes Graham
I approached some friends who work with an organisation called Developing Mountain Biking in Scotland (DMBiNS) to get some advice about how to best navigate this mess I'd got myself into. They've been working on the guidelines for trail building in Scotland for years and were amazingly helpful. They contacted and organised some on site meetings with the Regional Manager from FLS and their chief safety officer. During our inspection FLS requested some slight reroutes to avoid risk to other forest users, the removal of some wooden features and finally they told me that the medieval site was not protected so I wasn't getting fined! I can not tell you the weight that was lifted off me after this meeting! To make sure the track is maintained we also agreed to bring the trail under the local Tayside Trail Association's oversight. This give's me an official way to report to the landowners on the condition of the track and how I'm maintaining it. Super easy and should keep everyone happy.
Warp speed testing. Photographer - Innes Graham
Squashing the step-down through the medieval site (Ancient rock walls hidden under the grass). Photographer - Innes Graham
It's always good to learn from your mistakes and if you can help others to avoid making the same mistakes then that's all the better. I invested so much time and energy into the build and realistically, the trail could have been closed down without the interventions that happened. Building without the landowners permission is illegal – that is a fact!
If you are considering a build, please check out the guidance developed by DMBinS (Guidance) and members of the Scottish National Access Forum, you could save yourself a whole load of stress and possible criminal charges. I would also suggest contacting DMBinS for advice or finding your local Trail Association, who will know the area and will already have contact with the local land manager. If you're in any other countries these guidelines will probably work too but make sure to check with local outdoor authorities. In short:-
• Permission. Permission. Permission. - Nothing is guaranteed until you get this sorted.
• Planning and Design - If you're going to build something you might as well make a good job of it. Landowner's will probably want to see you're planned route as well so it's worth your time.
• Build natural. - Discussions with landowners should specify acceptable and non acceptable materials and consider appropriate drainage.
• Avoid other user conflicts. - Trail entry and exit points are the main point of contention. Key things are low speed and good sight lines.
• Ongoing inspection and maintenance. - Training courses are available and check out your local trails association.
Sending the trail on my DH bike for the "Not A Race" was so satisfying. Photographer - Innes Graham
I hope you found this story informative or at least a little entertaining. 'Till next time.
Forestry and Land Scotland - https://www.forestryandland.gov.scot
Developing MTB In Scotland - https://www.dmbins.com
Innes Graham Photography - https://www.innesgraham.co.uk
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1. Know who's land your on and think about how much they care. Cities (if out of the way), counties, natural resource company's, and forest service, usually have bigger problems, whereas a private business or citizen land owner will be more stressed about liability and privacy.
2.No wood features. Nope nope nope
3. Dont cut a single tree bigger than your fist.
4. Dont get mad if someone else goes and works on it, you dont own the trail because you built it (may require meditation). Try and work with em.
5. Dont expect it to stay secret. You dont own it and most folks know their land better than you.
6. Dont expect it to be there forever, but build like it could.
7. If a landowner tells you to leave, pack it up.
8. No trash.
9. Dont dig giant holes if you need dirt.
10. Cut stobs off at the ground or trunk or my dad will murder you.
I'm probably missing some and they may not apply to you, but they helped me get some trails rolling near me. Happy building.
#2-They just get torn down and take a massive effort to put up.
#4-Oof thems fighting words to some. Local norms take precedent and some places have territorial builders. Ask before you dig or dig your own trail to be safe.
#9-Agreed, back fill or fill with easy to remove large logs if it is a gold pit that will nurture the trail in the long run.
11.Don't worry about perfection, let the trail bed in and see where the ridders are taking the line i.e. is this off camber ok or should I bench it, will people take inside log or outside log etc. Go in after and patch or rework as park of the evolution of the trail.
12.BERMS. 3 feet from the planned berm is a log barrier->1-1.5 feet of rock guarding->heaps of banked dirt. A lot (including myself have starting making a berm right at the intended spot and found out later that the berm grew into the turn and had to remake it.
13.Walk the line in the pissing rain and in rainy seasons. No fun but you will know how the water drains off the land.
Man, I'm glad I live in an area where this is not a nope.
With the price of lumber these days it's not really an issue though...
It’s very common here in Oz, for all the builders to dig a very deep, vertical walled grave size hole. Just meters from there new feature.
I call them holes “leg breakers”, and they help get trails shut down ( by irate hikers, dog walkers.. ect ect..). Camber the edges boys!
Mud and rocks are great because they don't rot. Otherwise if you need timber it should be treated for outdoor use, which obviously is then getting expensive.
But the EMBA has worked with the state to either reclaim or build legal trails in those areas.
www.evergreenmtb.org/trails/raging-river
We got 3 storms in SoCal this "wet" season that delivered enough moisture to be able to build/repair anything.
Yes I'm bitter about it.
The insurer will then look around to see if they can offset the cost of that claim. If I was run down by a drunken taxi driver, they'd be the one getting the bill, for example. In a couple of cases I've been peripherally involved in, it's not been the person who was injured who has claimed, but their insurer. This includes a case where someone was paralysed as a result of falling off on a trail we'd been maintaining with the landowner's permission. The insurer went after the coach who was teaching the guy and the landowner.
The other issue with stuff like this happening on Forestry land is that, while the Forestry is a government body and therefore self-insures (ie the taxpayer foots the bill in the event of a successful prosecution) it more often than not takes up a lot of time while the beat forester or ranger researches and helps deliver evidence. One anecdote I heard from a beat forester was that it took up three months - and he was looking after multiple Forestry sites spread out across a large area.
So - someone who wallops themselves and ends up off work or with a life-changing injury is not necessarily the person that sues. in fact, it is so rare as to be a non-existent threat. Neither should someone lose their livelihood, house (which may be their family home, too) because of a crash.
Hopefully this explains why landowners in England can be a bit shy of building. The ones I've dealt with over the years (multiple landowners from individuals through to NT and FC in the Surrey hills, as well as local AONB, RoW and others) are actually pretty open minded. But if they find something that might get them sued by Axa, Aviva, LVE or another insurer, it's absolutely in their best interests to block it.
I´m sure we aren´t alone but here the mentality needs to change with respect to hand dug trails. "No dig, no ride" is maybe a bit strong, but "no dig, keep your mouth shut", might be better :-) :-)
I would hope that people building trails try to have a higher level of respect for indigenous sites then that.. but its tough to do any type of pre screening when you are building trails on public lands
"Alberta has some of the strictest fossil protection laws in the world. The fossilized remains of plants and animals, or traces of their activities, are protected under the Government of Alberta's Historical Resources Act. Violation of the Act is punishable by fines of up to $50,000 and/or one year in prison."
tyrrellmuseum.com/research/found_a_fossil
I'm surprised Drumheller isn't a mecca for trails given it's barren hilly landscape. Anyone riding out there?
God bless him and I will most certainly hold one up and be thinking of him.
A. Don't tell anyone
B. Building a trail
The court system is a little bit more kind on them when they're still considered a minor
Weird.....
Of course devolution complicated things because the rules are completely different in England, Wales and I would assume NI as well.
Mostly the pattern round here seems to be that trails get smashed out on forestry land, then they either ignore it, periodically pull out wooden bits or just wholesale log the area every ten years. Things do seen to be changing though, bikes are gaining popularity and the e bike explosion means more traffic on the less carefully built stuff and I think we'll probably get some more conflict in the next few years.
I think one you've graduated from mattocking out something steep and dangerous on your local hill to being a bit more serious that Ben's general guidance is spot on.
Also - always good to see more Cathro; I hope travel restrictions ease enough to get all the pinkbike video crew in one place at one time, because I reckon that would be great.
Hopefully land owners will continue to turn a blind eye in areas that aren’t as well organised.
It was later found that he'd been sending this jump regularly and just had a bit of an off-day.
Since the FC cannot control who's designing and building these structures, they cannot confirm how safe they are for users, therefore inheriting unnecessary risk exposure.
At the end of the day the majority of riders who build aren't trail building professionals and can't - and shouldn't - be trusted in my opinion (and in the opinion of FC), to design, build and maintain wooden structures.
All this stuff is in the guide for land managers and ride on unauthorised trails.
The other day i went riding a local spot and there were some riders sending the triples and all the big jumps, aka the "unsafe" and hard features. None of them got hurt. Meanwhile one kid got hurt riding the most innocous berm there.
There will always be one dude just sending without knowing the trail, or trying to ride something way out of his depth, no matter how easy the trail is! Making the trails easier will not prevent people from getting hurt.
Also how the f*ck does someone get hurt and then try to blame it on the land owner??? I really can't understand that.
"Many land owners will naturally have issue with constructing bigger features"
Boring I know....
(Naturally, I don't agree with anyone that says trails should be secret. The outdoors, especially here in Scotland where it's enshrined in out access laws, is for everyone to enjoy)
With stolen wood” handbook with illustrations?
A more elegant weapon for a more civilised age, Cathro.