Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 15 - GENERAL ATV TRAIL GUIDELINES

Current through 2024-29, July 17, 2024
1 All trails must
			 be established in accordance with Title 12, Chapter 715, Subchapter IV,
Laws pertaining to All Terrain Vehicles.
2 The trail corridor is a strip or parcel of
			 land in which the trail is to be located.
3 The trail will consist of a treadway from
			 which hazardous obstacles such as, stumps and rocks will be removed, severe
			 depressions will be filled in, side brush removed at least one foot outside the
			 established treadway and overhead brush and limbs will be cleared to a minimum
			 of (7') seven feet. All brush, trees, stumps and rocks removed from the
			 corridor should be disposed of in a way not to detract from the aesthetic
			 interest of the trail.
The established treadway should be maintained a minimum of
				-
Class I
- Two feet for two wheel vehicles
				including dirt bikes, off-road bikes, fat cats, etc.
Class II
- Five feet for three and four wheel
				vehicles 50 inches or less in width, dry registered weight of less than 600
				pounds traveling on low pressure tires of 6 pounds or less designed to be
				straddled by the operator.
Class III
- Eight feet for vehicles greater than
				50 inches in width, greater than 600 pounds registered dry weight, traveling on
				Multi-wheels or tracks not limited to but including 4 X 4 trucks, dune buggies,
				coots and amphibious vehicles.
4 Marking the trail will be consistent with
			 established Bureau guidelines. Signs to be used will be provided by the Bureau
			 or will be of equal quality and design. Signs will be attached to trees or
			 posts with aluminum nails at eye level.
5 Trails will be established only on land
			 where written landowner permission has been obtained. If written permission is
			 unattainable, oral permission will be accepted with a written affidavit from
			 the club President confirming permission was obtained and the date it was
			 obtained.
6 Trails should pass
			 through variable terrain to hold users interest and create a reasonable degree
			 of challenge. Established routes will avoid critical wildlife and ecological
			 areas and areas of anticipated serious user conflict such as, tree plantations,
			 dwellings, agricultural land, or other recreational user areas.
7 Highway crossings should be avoided
			 whenever possible. When necessary, crossing should be made as near 'right
			 angles to the traveled roadway as possible at locations providing clear
			 visibility along the highway in both directions, to assure safe
			 crossing.
8 Trails should not be
			 routed parallel with steep side slopes. Sustained perpendicular slopes should
			 not exceed 30 percent. Bypass trails should be provided around grades exceeding
			 25%. Approaches or exits to slopes and grades should be straight for a
			 sufficient distance to make a safe entrance and exit.
9 If grading trail surfaces is required,
			 precautions should be taken to eliminate future erosion.
10 Streams and rivers will be bridged in
			 compliance with all environmental regulations. Bridges will be a minimum of
			 (5') five feet wide for Class I and II trails. Class III trails designed for
			 dune buggy or off-highway four wheel drives, will be a minimum of (8') eight
			 feet wide.
11 Trails will not be
			 established in the stream bed, parallel with the flow of current, on dry or wet
			 channels.
12 Crossing active
			 railroad tracks will be at authorized crossings clearly approved by the
			 appropriate Rail Line.
13 Trails
			 should be maintained sufficiently to allow reasonably safe operation of off
			 road motorized vehicles, considering some operators will be less experienced
			 than others. When an approved trail is abandoned or discontinued, the Bureau
			 should be notified immediately in writing.
14 It is of utmost importance that all trails
			 be monitored on a regular basis in order to assure they are kept in reasonably
			 safe usable condition.
15 Trail
			 signs and bridges should be removed completely from trails that have been
			 discontinued or abandoned.
16
			 Trails should not be routed over frozen bodies of water.
REFERENCE NUMBER ______
BATCH NUMBER ______
STATE OF MAINE
ATV CLUB TRAIL APPLICATION/AGREEMENT
ATV TRAIL PROGRAM INSURANCE
This application is made for the Purpose Of Providing
				liability insurance coverage for landowners, ATV clubs maintaining trails, and
				municipalities, as defined under the terms of this application.
1 The ATV club must have been organized and
			 recorded with the All-Terrain Vehicle Program. Of the Bureau of Parks &
			 Lands. An ATV club, or organization for the purpose of this application shall
			 be defined as an organization formed to encourage safe ATV operation.
			 development of organized trails, and promotion of the sport of ATV
			 Operation.
2 If the organization
			 does not have a Trail Committee Chairman or Trailmaster, one must be appointed
			 who is responsible for maintenance of the trail. This person will be the one to
			 whom we will direct inquiries concerning trail activities.
3 By applying for this agreement, the ATV
			 club, and person executing this application on the club's behalf, are agreeing
			 to the following terms and conditions:
(a) The
			 ATV club trails must be established only on land where the club has received
			 permission from the landowners (and tenant. where applicable) to use. Upon
			 signing this application, the club president is certifying that such permission
			 has been obtained for all trails included in the application. Permission must
			 be in writing. The Bureau will provide sample use permits. If a landowner
			 refuses to sign a permit, an affidavit must be signed by the club president
			 stating who gave the permission, to whom it was given, the date it was given,
			 and how long the permission is gained for. Original copies of the permits are
			 to be submitted with the trail map to the Bureau.
(b) All reasonable efforts have been and will
			 be taken by the club and its members, to ensure that the trails and related
			 facilities, are safe and in good condition and in Conformity with all
			 applicable laws and regulations. These efforts must include the erection of
			 adequate trail signs as per the guidelines established by the Bureau of Parks
			 & Lands, so that the trail is readily recognizable and hazards are
			 noticed.
(c) The trails will be
			 open to anyone wishing to use them for ATV or other compatible Purposes. All
			 landowners and tenants, from whom permission is required to be obtained, must
			 have been notified of the fact that the trails are to be open to the general
			 ATV public. If trails are designed for certain types of all-terrain vehicle
			 use, it should be so stated on the application as per the Bureaus trail
			 classification system.
(d) A map of
			 the trail location must accompany the application and is incorporated into this
			 agreement upon approval of the application. Parking areas, clubhouses and other
			 support facilities information must be noted on the map. The map should be a
			 USCS topographical map or a map of similar scale and quality with the trails
			 drawn on accurately.
(e) Upon
			 approval or denial of the application. the organization will be notified in
			 writing by the Bureau.
(f) The club
			 shall not assign, transfer. lease or encumber its rights or obligations
			 hereunder, or in or to the trail without the State's and the landowner's and
			 tenant's prior written consent. The club shall indemnify, defend, and save the
			 State and its employees harmless from and against any claims, losses,
			 liabilities, costs, expenses, damages or other obligations of any nature in any
			 way & rising out of the use, occupation, maintenance, repair or development
			 of any trails or related facilities or equipment used in connection with the
			 trails. If the trails are abandoned seasonally or permanently, in part or in
			 whole, the club will notify the Bureau in writing immediately in order to amend
			 or discontinue insurance coverage.
(g) The State may at any time inspect any
			 facilities or equipment used in connection with this agreement.