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.4 Provided that the trail club complies with all the terms of this Agreement, the Bureau shall, upon accepting their application, make its best efforts to provide liability insurance policy which provides coverage protecting the landowner, the tenant, the club and the State. The Bureau shall not be required to provide such a policy if there is not available funding earmarked therefore. We, the undersigned, have reviewed the contents of this application and agreement and agree to comply with the terms hereof. We further understand that failure to comply with the terms hereof, will void this agreement in addition to any other remedy the state may have. Upon approval by the Bureau of Parks & Lands, this application shall be deemed an agreement between the undersigned and the Bureau of Parks & Lands.
It is further understood that the Bureau of Parks & Lands reserves the right to accept or reject any or all applications, and has no obligation for expenses incurred except in accordance with the terms of this agreement, if approved. The Bureau of Parks & Lands also reserves the right to inspect at any time the trails referred to in this application.
Trail-Design & Maintenance Classification
- Established Treadway -
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 of 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.
NAME OF ATV CLUB ____________________________________
ADDRESS _______________________________________________
COUNTY ____________________________ ZIP CODE_______
NAME OF TRAILMASTER_________________________________
ADDRESS _______________________________________________
TELEPHONE ______________________
These Trails are designed and designed to accommodate
Class I ___ Class II _____ Class III _____ vehicles.
TRAIL LOCATION
MILES
(one way only)
TOWN _________________________ COUNTY _____________
DATE _________________________
________________________ PRESIDENT (SIGNATURE)
______________________ ______________________________
WITNESS (SIGNATURE) CHAIRMAN OF TRAIL COMMITTEE OR TRAILMASTER (SIGNATURE)
APPROVED BY:
Bureau of Parks & Lands
By ___________________ Date: ___________________
EFFECTIVE DATE:
July 4, 1987
AMENDED:
April 13, 1988
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
NON-SUBSTANTIVE CORRECTIONS:
August 7, 1997 - corrected line breaks and spacing in 3).
February 24, 2000 - converted to MS Word
CORRECTIONS:
February, 2014 - agency names, formattingSTATUTORY AUTHORITY: Title 12, Chapter 715, Subchapter IV Section 7857 S ubsection 4-B