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Scottish Outdoor Access Code

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The freedom to roam , or everyone's right , every person's right or everyman's right , is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise . The right is sometimes called the right of public access to the wilderness or the right to roam .

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84-534: The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform (Scotland) Act 2003 . Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from place to place providing they act responsibly. The basis of access rights in Scotland

168-513: A beach and/or shoreline. Fishing remains essentially private—apart from on the biggest five lakes and the coast of the Baltic Sea , the Sound , Kattegat and Skagerrak . It is permitted to drive a car on a private road unless explicitly signposted otherwise. Small camp fires are generally permitted, but in some periods banned by local authorities due to wild fire risk. It is allowed to put up

252-401: A dwelling house and land under cultivation. Restrictions apply for nature reserves and other protected areas. It also gives the right to pick wild flowers, mushrooms and berries (provided they are not legally protected), but not to hunt in any way. Swimming in any lake and putting an unpowered boat on any water is permitted unless explicitly forbidden. Visiting beaches and walking by a shoreline

336-517: A fire is often prohibited (though in Sweden and Norway fires are allowed with proper safety precautions). Making noise is discouraged. In some countries, putting up a tent in the forest for one night is allowed, but not the use of a caravan . Access does not extend to built up or developed land (such as houses , gardens ) and does not necessarily include commercial exploitation of the land. For example, workers picking berries may be legal only with

420-441: A form of recreation. Various physical activities can be completed individually or communally. Sports which are mainly played indoors or other settings such as fields are able to transition to an outdoor setting for recreational and non-competitive purposes. Outdoor physical activities can help people learn new skills, test stamina and endurance, and participate in social activities. Outdoor activities are also frequently used as

504-413: A game of golf ). Areas of grass that are specially managed for sport (for example golf greens , bowling greens and cricket squares ) are excluded from access rights, as are sports pitches made of artificial materials . Access rights extend to inland water such as rivers , lochs , canals and reservoirs in order to allow swimming and other non-motorised watersports. However requirements to respect

588-469: A geological feature. Field surveys of natural or cultural heritage are also covered under this definition. Access rights also extend to activities carried out commercially, but only where the activity could also be carried out on a non-commercial basis. An example given is that of a mountain guide who is taking a client out on a commercial basis: this activity is permitted because the activity involved could be done by anybody exercising their access rights in

672-449: A horse or cycle freely in the countryside where this does not harm the natural environment or the landowner, except in gardens or in the immediate vicinity of people's homes (yards). Fields and plantations, which may easily be harmed, may usually not be crossed except in the winter. It is also possible to establish outdoor recreation routes on private land, based on an agreement on the rights of use or by official proceedings in accordance with

756-422: A land owner has been permitted to build closer to the shore, he may not restrict people from walking along the shore. Fences and other barriers to prevent public access are not permitted (but yet sometimes erected, resulting in heavy fines). Canoeing , kayaking , rowing and sailing in rivers, lakes, and ocean are allowed. Motorised boats are only permitted in salt water. All waters are open for swimming – with

840-404: A longstanding tradition of access to land. Until the mid-nineteenth century the ability to access land was little challenged, however this began to change with the rise of deer stalking as a commercial enterprise, and the increase in the number of people visiting the highlands following the coming of the railways. In 1846 the 6th Duke of Atholl attempted to prevent a group of botany students from

924-559: A mix of maintained trails and roads, wilderness and undeveloped portions, and developed picnic and camping areas. In recent years increased mobility and affluence has made previously remote areas more accessible and though significant harm or damage is unusual, endangered species are being disturbed, and litter left, by some recreational users. Helena Jonsson, the President of the Federation of Swedish Farmers, argued in 2011 that

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1008-400: A motorhome or camper, one can park and spend the night anywhere parking is allowed, including along public roads. Checking parking area signs is essential to ensure compliance with overnight stay regulations. Private and forest roads can serve as suitable parking spots, as long as there are no signage restrictions. Off-road driving requires landowner permission, but parking off-road near the road

1092-438: A motorised wheelchair ). Access rights do not include the right to hunt , shoot or fish , as these activities can only be undertaken with the permission of the person owning the appropriate rights (this may be the landowner, but the rights to undertake such activities can be owned or rented separately); nor do they extend to the carrying of a firearm , except where the person is crossing land or water in order to gain access to

1176-422: A mountain cycle over rocky tracks and around boulder-strewn paths. Mountain bikes or ATBs (all-terrain bikes) feature a rugged frame and fork. Their frames are often built of aluminum so they are lightweight and stiff, making them efficient to ride. Many styles of mountain biking are practiced, including all mountain , downhill , trials , dirt jumping , trail riding , and cross country . The latter two are

1260-518: A network of rights of way , or some nature reserves with footpaths . Public rights of way frequently exist on the foreshore of beaches. In legal discussions the foreshore is often referred to as the wet-sand area . For privately owned beaches in the United States , some states such as Massachusetts use the low water mark as the dividing line between the property of the State and that of

1344-943: A non-off-road road. Exercise of the rights is overseen by the County Administrative Boards —which can, for example, force the removal of a fence if it obstructs access to areas that are important to the allemansrätt . Like other Nordic countries Icelandic law contains a version of the freedom to roam, the right to access uncultivated land and pick berries. "It is permissible to cross uncultivated private property without seeking any special permission, but landowners may limit routes with signs or other marks. State-owned land such as conservation areas and forestry areas are open to everyone with few exceptions. These exceptions include – but are not limited to – access during breeding seasons or during sensitive growth periods". Hikers should, however, "avoid taking shortcuts over fenced areas, pastures and private plots", and follow

1428-400: A place where they hold shooting rights. Gathering items such as mushrooms or berries for commercial gain is not covered by access rights; but the customary picking of wild fungi and berries for personal consumption is not prohibited under the code. Access rights must be undertaken in lawful manner, and thus by definition criminal acts are excluded. The code includes an annex listing some of

1512-570: A setting for education and team building . Trekking can be understood as an extended walk and involves day hikes , overnight or extended hikes. An example of a day trek is hiking during the day and returning at night to a lodge for a hot meal and a comfortable bed. Physical preparation for trekking includes cycling , swimming , jogging and long walks. Trekking requires experience with basic survival skills , first aid , and orienteering when going for extended hikes or staying out overnight. The activity of mountain biking involves steering

1596-409: A tent on any uncultivated land for a night or two. There has been some controversy on commercial use of the berry picking rights, when companies legally contract people to pick berries in the forests. Building a fire is generally permitted except on bare rock faces where it can lead to cracking. Municipalities can issue fire bans during dry periods. With a motorhome or camper, you can park and spend

1680-560: A voluntary code that sought to balance the interests of both access users and land managers. The concordat spoke of the need for access to be exercised responsibly, and so can in some ways can be seen as a forerunner to the modern Code, although it lacked legal status, and did not address access rights to inland waters. In 2003 a formal right to access was put into law via the Land Reform (Scotland) Act 2003 . The act stated that "a person has access rights only if they are exercised responsibly", and tasked Scottish Natural Heritage with producing

1764-464: A wider area to be excluded and required the landowner to keep the driveway unlocked to allow access. Access rights also do not extend to the curtilage of any other building (such as a factory, office or hotel). Generally, such land will normally be closely connected, physically and in terms of purpose, to the building and forming one enclosure with it. Access rights apply to most urban parks, country parks and other managed open spaces, but an exception

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1848-621: Is allowed for convenience. Overnight stays are generally prohibited in shopping center parking lots, but service stations often provide suitable facilities. When visiting national parks, designated areas or parking lots may allow overnight stays, potentially requiring a permit. Nature reserves have specific rules regarding overnight stays. One may not disturb others or damage property, disturb breeding birds (or their nests or young), or disturb reindeer or game animals. One may not cut down or damage living trees, or collect wood, moss or lichen on other people's property, nor may one light open fires without

1932-481: Is an old consuetudinary law called the allemannsrett (lit. the everyman's right), that was codified in 1957 with the implementation of the Outdoor Recreation Act . It is based on respect for the countryside, and all visitors are expected to show consideration for farmers and landowners, other users and the environment. In Norway the terms utmark and innmark divide areas where the right to roam

2016-565: Is free access to sports fishing using boats or from the shoreline. All fishing is subject to legislation to, among other things, protect biological diversity, and this legislation stipulates rules regarding the use of gear, seasons, bag or size limits and more. In Sweden allemansrätten (lit. "the everyman's right") is a freedom granted by the Constitution of Sweden . Since 1994 the Instrument of Government says that notwithstanding

2100-417: Is frequently done in remote and rugged settings and often requires navigational, route-finding and other wilderness skills. Education is also a popular focus of outdoor activity. University outdoor recreation programs are becoming more popular in the United States . Studies have shown that outdoor recreation programs can be beneficial to a student's well-being and stress levels in terms of calming and soothing

2184-448: Is land contiguous to any school and used by that school. There are also some areas of land where public access can be prohibited, excluded or restricted under other legislation. Land may also be temporarily exempted from access rights through an order made by the local authority, for example to allow for an event such a music festival or car rally . Land owners/managers may also temporarily restrict access rights to enable safe operation of

2268-750: Is less stressed than in organized individual or team sports. When the activity involves exceptional excitement, physical challenge, or risk, it is sometimes referred to as "adventure recreation" or "adventure training", rather than an extreme sport . Other traditional examples of outdoor recreational activities include hiking , camping , mountaineering , cycling , dog walking , canoeing , caving , kayaking , rafting , rock climbing , running , sailing , skiing , sky diving and surfing . As new pursuits, often hybrids of prior ones, emerge, they gain their own identities, such as coasteering , canyoning , fastpacking , and plogging . In many cities, recreational areas for various outdoor activities are created for

2352-441: Is made for visitor attractions (e.g. gardens and safari parks ) where the public has historically had to pay to enter. Access rights do apply to grass playing fields and land laid out for sport and recreation (including the fairways of a golf course ), but only when the exercise of access rights does not interfere with the carrying on of that recreational use (for example the public may cross a golf course, but must not interfere with

2436-404: Is no camp-site in vicinity. Motorized travellers with motorhomes (RV), camping cars (campers) and trailers must always stay on an official campsite. In national parks, it is forbidden to stay overnight outside an official camp-site, both for motorized and non-motorized travellers. Fishing requires a license but collecting "berries, mushrooms, seaweed and other plants for immediate consumption"

2520-457: Is not, in of itself, an offence, however where a dispute cannot be resolved and is referred to the courts for determination, the sheriff will consider whether the guidance in the Code has been disregarded by any of the parties. The majority of land (at least 57%) in Scotland is privately owned, and around half of the country's rural land is owned by fewer than 500 landowners. There has however been

2604-646: Is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights. The code provides detailed guidance on these responsibilities. Access rights apply to most land regardless of whether it is owned by the state, private individuals, companies, or voluntary and charitable bodies. The rights covers any non-motorised activity, including walking, cycling, horse-riding and wild camping, and also allow access on inland water for canoeing, rowing, sailing and swimming. The rights confirmed in

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2688-414: Is permitted on "public lands and highland pastures". In Estonia, it is permitted to access natural and cultural landscapes on foot, by bicycle, ski, boat, or on horseback. Private property may be accessed at any time. If the private property is fenced or posted against trespassing, the permission of the owner is required to proceed. The owner of the private property is also required to post signs stating

2772-476: Is permitted under the code. Camping in this manner is permissible wherever access rights apply, but campers are advised not to camp in enclosed fields, and to keep well away from buildings, roads and historic structures. The code requires that campers leave no trace , and must take away all litter, remove all traces of the tent pitch and of any open fire, and not cause any pollution. In 2017 the Loch Lomond and

2856-415: Is permitted, providing it is not a part of a garden or within the immediate vicinity of a residence (legally defined as the hemfridszon ). The hemfridszon's size depends on conditions but can be as large as 70 metres from an ordinary dwelling house. To better protect access to water and the right to walk along beaches, it is since 1975 generally not permitted to build a new house near (generally 100 m) from

2940-536: Is required to provide "reasonable measures of privacy" has been the main issue on which the courts have been asked to intervene. In Gloag v. Perth and Kinross Council the sheriff allowed about 5.7 hectares (14 acres) surrounding Kinfauns Castle , a property belonging to Ann Gloag , to be excluded from access rights. In Snowie v Stirling Council and the Ramblers' Association the courts allowed about 5.3 hectares (13 acres) to be excluded, but refused permission for

3024-571: Is valid ( utmark , literally something like "land outside [the boundaries]"/"[Out Field]") and where it is invalid or restricted ( innmark , "land inside [the boundaries]"/"[In Field]"). The law specifies innmark thoroughly, and all areas not covered by this definition are defined as utmark , generally speaking uninhabited and uncultivated areas. Cultivated land may only be crossed when frozen or covered in snow. There are some basic rules that must be followed when camping in Norway: In later years

3108-582: The Czech Republic , the freedom to roam takes the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe and has been regarded as sufficiently fundamental that it was not formalised in law until modern times. However, the right usually does not include any substantial economic exploitation, such as hunting or logging, or disruptive activities, such as making fires and driving offroad vehicles. In countries without such general rights, there may be

3192-735: The University of Edinburgh from entering Glen Tilt , however the resulting court case confirmed that access could not be prevented. The Trespass (Scotland) Act 1865 imposed fines on camping and the lighting of fires without the landowner's permission, but was largely ignored, and throughout the nineteenth and twentieth century the basic legal position on access remained that there was no legal right of access, but equally no legal mechanism for landowners to prevent it. In 1996 organisations representing walking and mountaineering interests came together with land management and government bodies to draft Scotland's Hills and Mountains: A Concordat on Access ,

3276-734: The Code so as to provide guidance to both access users and land managers on what behavior would be considered "responsible". The code is based on three key principles which apply equally to the public and to land managers: Responsibilities are separated into those that apply to access users, and those that apply to land managers. The code provides further guidance with examples under each point. The responsibilities of access users are: The responsibilities of land managers are: The code states that access rights can be exercised for recreational purposes, some educational activities and certain commercial purposes, and for crossing over land and water. Recreational purposes are not defined in legislation, however

3360-486: The Outdoor Recreation Act, for example. One may stay or set up camp temporarily in the countryside, a reasonable distance from homes, pick mineral samples, wild berries, mushrooms and flowers (as long as they are not protected species). One may fish with a rod and line (only still waters), row, sail or use a motorboat on waterways (with certain restrictions), and swim or bathe in both inland waters and

3444-712: The Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW). The Code has been approved by both the Scottish Government and the Scottish Parliament . It is expected to provide sufficient guidance to ensure that most access problems can be resolved by reference to it. Failure to comply with the Code

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3528-462: The Swedish right to roam comes with an equal emphasis being placed upon the responsibility to look after the countryside; the maxim is "do not disturb, do not destroy". Many Swedish people consider this to be a form of legacy or human right. Allemansrätten gives a person the right to access, walk, cycle, ride, ski, and camp on any land—with the exception of private gardens, the immediate vicinity of

3612-656: The Trossachs National Park introduced byelaws restricting the right to camp along much of the shoreline of Loch Lomond , due to issues such as litter and anti-social behaviour that were blamed on some irresponsible campers. Camping around many of the lochs within the national park is now restricted to designated areas, and campers are required to purchase a permit to camp within these areas between March and October. The byelaws were opposed by groups such as Mountaineering Scotland and Ramblers Scotland , who argued that they would criminalise camping even where it

3696-759: The United States, state parks and national parks offer campgrounds and opportunities for recreation of the sort. In the UK, all of rural Scotland and all those areas of England and Wales designated as "right to roam" areas are available for outdoor enthusiasts on foot. Some areas are also open to mountain bikers and to horse riders. Culinary techniques and foods popular with outdoor enthusiasts include dutch ovens , grilling , cooking over "open fires" (often with rock fire rings ), fish fries , granola , and trail mix (sometimes referred to as GORP for "good old raisins and peanuts "). Nationally and internationally,

3780-607: The beach owner. Other states such as California use the high-water mark. In the UK , the foreshore is generally deemed to be owned by the Crown although there are notable exceptions, especially what are termed several fisheries which can be historic deeds to title, dating back to King John 's time or earlier, and the Udal Law , which applies generally in Orkney and Shetland . While in

3864-522: The best thing in the RAF according to Robbie from Crickhowell. While a wide variety of outdoor recreational activities can be classified as sports , they do not all demand that a participant be an athlete . Rather, it is the collectivist idea that is at the fore in outdoor recreation, as outdoor recreation does not necessarily encompass the same degree of competitiveness or rivalry that is embodied in sporting matches or championships . Competition generally

3948-536: The code gives examples of activities that may be taken to be included. These include outdoor activities , such as walking , cycling , horse riding , carriage driving , rock climbing , hill-walking , running , orienteering , ski touring , ski mountaineering , caving , canoeing , kayaking , outdoor swimming , rowing , windsurfing , sailing , diving , and air sports such as paragliding . Less active pastimes such watching wildlife, sightseeing, painting, photography, visiting historic sites, dog walking (provided

4032-430: The development of ‘soft’ skills and social skills, particularly in hard to reach children. These activities can also take place on school trips, on visits in the local community or even on the school grounds. Outdoor enthusiast and outdoorsy are terms for a person who enjoys outdoor recreation. The terms outdoorsman , sportsman , woodsman , or bushman have also been used to describe someone with an affinity for

4116-402: The dog is under close control), picnics, playing, sledging , paddling and kite flying are also listed as examples of permitted recreational purposes. Education purposes are defined as "activities concerned with furthering a person's understanding of the natural or cultural heritage". An example given in the code is that of a teacher taking a group of students outside to study wildlife or visit

4200-422: The exception of lakes that are drinking water reservoirs (see for instance Maridalsvannet ). Wild berry foraging is part of the right. Picking cloudberries may, however, be restricted on privately owned land in northern parts of Norway. Hunting rights belong to the landowner, and thus hunting is not included in the right of free access. In freshwater areas such as rivers and lakes, the fishing rights belong to

4284-457: The government because it would otherwise be legally unowned is claimed as the territory of Indigenous people , in countries that were colonised. Much of Canada is Crown land owned by the provinces . Some is leased for commercial activity, such as forestry or mining, but on much of it there is free access for recreational activities like hiking, cycling, canoeing, cross-country skiing, horse back riding, and licensed hunting and fishing, etc. At

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4368-417: The land, for example banning dogs from a field where sheep are lambing or stopping people walking through an area where trees are being felled. However guidelines recommend signposting the reason for, and duration of, the restriction and an alternate route. Freedom to roam In Austria , Belarus , Estonia , Finland , Iceland , Latvia , Lithuania , Norway , Scotland , Sweden , Switzerland and

4452-461: The landowner is required to access such bodies of water. Neither do bodies of water protected as sources of drinking water or which are in use by aquaculture or are in other special use have a shore path. All of the rights and responsibilities regarding humans’ interaction with nature are collectively termed everyman's right. Everyman's right does not pertain to the organizing of sporting events or other public events in open country. To organize these,

4536-403: The landowner's permission (except in an emergency). It is acceptable, however, to use an alcohol burner, wood stove or similar device that has no hot parts touching the ground. One may not disturb the privacy of people's homes by camping too near to them or making too much noise, nor litter, drive motor vehicles off-road without the landowner's permission, or fish (excluding angling) or hunt without

4620-549: The landowner's permission. There are some significant differences in the rules of different countries. In Denmark , there is a more restricted freedom to roam on privately held land. All dunes and beaches and all publicly owned forests are open to roaming. Uncultivated, unfenced areas are open to daytime roaming irrespective of ownership status. Privately owned forest have access by roads and tracks only. In Finland, " jokaisenoikeus " in Finnish (everyone's right) has replaced

4704-488: The landowner. Freshwater fishing may only be conducted with the permission of the landowner and by those in possession of a fishing licence. Different rules apply for children under the age of 16. Children under the age of 16 have the right to fish without a licence, a right codified in 1992. This right was tried and upheld in a ruling from the Norwegian Supreme Court in 2004. In salt water areas there

4788-544: The managing agency, and run the gamut from the free-for-all, undeveloped wide open spaces of the Bureau of Land Management lands to the highly developed and controlled US national parks and state parks . Wildlife refuges and state wildlife management areas, managed primarily to improve habitat , are generally open to wildlife watching, hiking, and hunting, except for closures to protect mating and nesting, or to reduce stress on wintering animals. National forests generally have

4872-403: The margins of those fields. Access rights do not extend to the land surrounding a house or other dwelling (e.g. a static caravan ) to the extent needed to provide residents with a reasonable measures of privacy. This is usually defined as the garden around or adjacent to the house that is intensively managed for the enjoyment of residents. The question of how much land surrounding a dwelling

4956-432: The maximum climbing of the waves on the coast (maximum wave run-up on the coast) in their maximum capacity (maximum referring to the “usually maximum winter waves” and of course not to exceptional cases, such as tsunamis etc.). The foreshore zone, apart from the exceptions in the law, is public, and permanent constructions are not allowed on it. As with the dry sand part of a beach, legal and political disputes can arise over

5040-443: The mind. Universities in the United States often offer indoor rock climbing walls, equipment rental, ropes courses and trip programming. A few universities give degrees in adventure recreation, which aims to teach graduates how to run businesses in the field of adventure recreation. In the UK, the house of commons' Education and Skills Committee supports outdoor education. The committee encourages fieldwork projects since it helps in

5124-623: The most common. Balance, core strength, and endurance are all physical traits that are required to go mountain biking. Riders also need bike handling skills and the ability to make basic repairs to their bikes. More advanced mountain biking involves technical descents such as down hilling and free riding. Canyoning is an activity which involves climbing, descending, jumping and trekking through canyons. The sport originates from caving and involves both caving and climbing techniques. Canyoning often includes descents that involve rope work, down-climbing, or jumps that are technical in nature. Canyoning

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5208-478: The most relevant pieces of legislation, such as those relating to the control of dogs and the protection of wildlife. Access rights can be exercised at day or night. However additional care must be taken to respect people's privacy and peace of mind at night by staying well away from buildings and using paths and tracks wherever possible. Wild camping, defined as lightweight camping by small numbers of people staying no more than two or three nights in any one place,

5292-417: The night anywhere parking is allowed, including along public roads. Driving off-road with caravans and mobile homes is not permitted. At rest areas, the usual maximum stay for overnight stays is around 24 hours on weekdays, with slightly longer durations on weekends. Additional rules will be posted on rest area signs. There are no specific regulations regarding how long you can park your motor vehicle adjacent to

5376-424: The normal manner. Access rights do not extend to motorised activities such as motor cycling , off-road driving, or the use of any powered craft on water: this restriction includes microlight aircraft and the use of powered models and drones . An exception to the restriction on motorised vehicles is that a person with a disability may use a motorised vehicle or vessel built or adapted for use by that person (e.g.

5460-534: The older term " jokamiehenoikeus " (every man's right) to refer to the freedom to roam and related rights. The term in Swedish is " allemansrätten " (lit. "everyone's right"), similar to other Nordic countries. The right is not codified in any specific law. Instead, it arises from the principle of nulla poena sine lege - what is not illegal cannot be punished. Things that are not explicitly disallowed, are allowed by default. Everyone may walk, ski, ride

5544-956: The outdoors. Some famous outdoor enthusiasts include U.S. president Teddy Roosevelt , Robert Baden-Powell , Ernest Hemingway , Ray Mears , Bear Grylls , Doug Peacock , Richard Wiese , Kenneth "Speedy" Raulerson , Earl Shaffer , Jo Gjende , Saxton Pope , Randy Stoltmann , Christopher Camuto , Eva Shockey , Jim Shockey , Henry Pittock , Eddie Bauer , Gaylord DuBois , Euell Gibbons , Clay Perry , Arthur Hasketh Groom , Les Hiddins , Bill Jordan , and Corey Ford . Some pioneering female outdoor enthusiasts include Mary Seacole , Isabella Bird , Emma Rowena Gatewood , Claire Marie Hodges , Mina Benson Hubbard , Beryl Markham , Freya Stark , Margaret Murie , Celia Hunter , Rachel Carson , Terry Tempest Williams , Marjory Stoneman Douglas , Ruth Dyar Mendenhall, and Arlene Blum . Sparsely populated areas with mountains, lakes, rivers, scenic views, and rugged terrain are popular with outdoor enthusiasts. In

5628-611: The ownership and public use of the foreshore . One recent example is the New Zealand foreshore and seabed controversy involving the land claims of the Māori people . However, the Marine and Coastal Area (Takutai Moana) Act 2011 guarantees free public access. The public has the right to access some but not all government-owned land. Wilderness areas are typically open for recreational use outside of military facilities. Some land owned by

5712-420: The ownership of the land, and contact numbers, to avoid legal issues. Land owners may not block access to land, roads or bodies of water that are public or are designated for public use, including ice and shore paths. All bodies of water that are public or designated for public use have public shore paths that are up to 4 m wide. The shore path along a navigable body of water may extend to a distance of 10 m from

5796-648: The permission of the landowners or other possessors of land, and if necessary, of the local government, must be sought. The following is permitted in nature: The following is prohibited: Article 13 of Section I of the Constitution of Belarus guarantees that all forest and farm land is publicly owned. Forty percent of the country's territory is covered by forest, and approximately the same amount devoted to agriculture. Outdoor activities Outdoor recreation or outdoor activity refers to recreation done outside, most commonly in natural settings. The activities that encompass outdoor recreation vary depending on

5880-437: The physical environment they are being carried out in. These activities can include fishing , hunting , backpacking , walking and horseback riding — and can be completed individually or collectively. Outdoor recreation is a broad concept that encompasses a varying range of activities and landscapes. Outdoor recreation is typically pursued for purposes of physical exercise, general wellbeing, and spiritual renewal. It's

5964-980: The population. These include natural parks , parks , playgrounds , sports facilities but also areas with free sea access such as the beach area of Venice Beach in California, the Promenade des Anglais in Nice or the waterfront of Barcola in Trieste. Outdoor recreation involves any kind of activity within an outdoor environment. Outdoor recreation can include established sports, and individuals can participate without association with teams, competitions or clubs. Activities include backpacking , canoeing , canyoning , caving , climbing , hiking , hill walking , hunting , kayaking , and rafting . Broader groupings include water sports , snow sports , and horseback riding . People engage in physical activity outdoors as

6048-477: The relevant permits. If horse riding causes more than a minor inconvenience or disturbance, an agreement for the long term use of the route must be made with the landowner. A horse may also be taken to swim in a water body without the consent of the owner of the water area (excluding public beaches). Everyone in Norway enjoys the right of access to, and passage through, uncultivated land in the countryside. The right

6132-520: The rest of Britain ownership of land extends only to the High water mark , and The Crown is deemed to own what lies below it, in Orkney and Shetland it extends to the lowest Spring ebb. Where the foreshore is owned by the Crown the public has access below the line marking high tide . In Greece, according to the L. 2971/01, the foreshore zone is defined as the area of the coast which might be reached by

6216-815: The right has been won through practice over hundreds of years and it is not known when it changed from mere 'common practice' to become a commonly recognised right. Today these rights underpin opportunities for outdoor recreation in several of the Nordic countries, providing the opportunity to hike across or camp on another's land (e.g. in Sweden for one or two nights), boating on someone else's waters, and picking wildflowers , mushrooms and berries. However, with these rights come responsibilities; that is, an obligation neither to harm, disturb, litter, nor to damage wildlife or crops. Access rights are most often for travel on foot. Rights to fish, hunt or take any other product are usually constrained by other customs or laws. Building

6300-538: The right has come under pressure particularly around the Oslo Fjord and in popular areas of Southern Norway. These areas are popular sites for holiday homes and many owners of coastal land want to restrict public access to their property. As a general rule, building and partitioning of property is prohibited in a 100-metre zone closest to the sea, but local authorities in many areas have made liberal use of their ability to grant exemptions from this rule. However, even if

6384-401: The right to own property "everyone shall have access to nature in accordance with allemansrätten ". What this means is not further explicated on in the constitution, and only sparsely in other legislation. In practice, allemansrätten is defined as actions that are not crimes, will not make a person liable to pay damages , nor can be prohibited by any authority. As in other Nordic countries,

6468-544: The rights of people on nearby land may affect the routes and areas of water that can reasonably be used. These rights extend to grant access to riverbanks, loch shores, beaches, and coastline (except where such land is excluded due to other provisions, such the requirement to provide a reasonable measure of privacy). Shore access rights do not extend to driving or parking any vehicles needed to enable watersports. Some places of work such as railway, airfields, airports, quarries, civil engineering and demolition sites are excluded, as

6552-535: The rules in conservation areas. Footpaths should also be followed, if they exist, to help protect the landscape. Furthermore, "landowners may not hinder passage of walkers alongside rivers, lakes and ocean, or on tracks and paths'. Cycling may be restricted on some paths. Equestrians must keep to bridleways where they exist and in other places show "consideration for the land". In many areas, like South and East Iceland, only in uninhabited areas that are not protected maximum 3 Tents maybe pitched up for one night, if there

6636-869: The same time access can be restricted or limited for various reasons (e.g., to protect public safety or resources, including the protection of wild plants and animals). In the Canadian Territories Crown land is administered by the Canadian Federal Government . Canadian National Parks have been created from Crown land and are also administered by the Federal Government. There are also provincial parks and nature reserves that have been similarly created. The aboriginal peoples in Canada may have specific rights on Crown land established under treaties signed when Canada

6720-402: The sea. One can walk, ski and ice fish on frozen lakes, rivers and the sea. Income from selling picked berries or mushrooms is tax-free. Picking cloudberry may be temporarily restricted to local residents in parts of Lapland . In the autonomous province of Åland the right to camp's inclusion in the right to roam was disputed, but since 2013 this is no longer the case. When traveling with

6804-407: The water line. The owner may not close this path even if the private property is posted or marked with no-trespassing signs. Grazing areas and other enclosed areas along the shore paths must have stiles. Ponds with no outlet located entirely on the land of one land owner and lakes smaller than five hectares located on land belonging to more than one land owner shall not be in public use. Permission from

6888-539: The way land was used had changed and that the law was out of date and needed to be revised, so as "to bar commercial interests from using the law as an excuse to make a profit while they are on other people's private property". Ancient traces provide evidence of the freedom to roam in many European countries, suggesting such a freedom was once a common norm. Today, the right to roam has survived in perhaps its purest form in Estonia, Finland, Iceland, Norway and Sweden. Here

6972-682: Was a British colony, and have claimed ownership of some Crown land. Much of Australia's land area, including most land below the mean high water mark is Crown land , which is administered by the Australian states . Much consists of pastoral leases , land owned and run by Aboriginal people (e.g. APY lands ), and "unallocated" Crown land. Access to the latter is normally permitted for recreational purposes, though motorized vehicles are required to follow roads and to be registered and insured. Most state and federally managed public lands are open for recreational use. Recreation opportunities depend on

7056-522: Was carried out responsibly, and that the national park authority already had sufficient powers to address irresponsible behaviour using existing laws. Responsible access under the access code can be enjoyed over the majority of land in Scotland, including all uncultivated land such as hills, mountains, moorland, woods and forests. Access rights also apply to fields in which crops have not been sown or in which there are farm animals grazing; where crops are growing or have been sown access rights are restricted to

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