Bear Creek restrictions - Status

Status of Dog Restrictions on Bear Creek Trail–Update 1/09

In January, 2007, the City of Boulder Open Space and Mountain Parks Department (OSMP) changed the status of the Bear Creek Trail (fireroad) from "Dogs off leash under Voice and Sight control" to "Dogs on leash." Trail signs at the Bear Mountain Drive trailhead, as well as Wildwood and Table Mesa Dr. access points, were posted to reflect this change in status. FIDOS vigorously opposed this change. The Bear Creek Trail (fireroad) affords the easiest access to the central part of the Boulder Mountain Park; and for people in the Kohler, Table Mesa, Bear Creek, and Devil’s Thumb neighborhoods it allows such access without the need to drive a car to a trailhead. The Bear Creek Trail had been used responsibly by guardians with their dogs under Voice and Sight control for well over 30 years. FIDOS filed a written "brief" with OSMP in June 2006 setting forth detailed arguments against this new leash requirement; and we had numerous conversations with OSMP staff, including a face to face meeting with Director Mike Patton, in furtherance of our efforts. We pointed out that this trail--which is a fire road--is wide and open and well suited to Voice and Sight use; that such use has not harmed the environment; and that there has been little–if any--conflict because this is a "neighborhood trail" where many of the most frequent users know each other.

OSMP did not dispute our assertions. Indeed, OSMP initially said that the trail had to be leashed because it ran across the southern and eastern perimeter of NCAR property, and that NCAR rules required dogs to be leashed on their property. We pointed out that NCAR had never enforced a leash requirement on this trail, and indeed the sign at the information board at the Bear Mountain Drive trailhead said "Dog must be leashed or under voice and sight control." We also raised a serious doubt that federal law actually required dogs to be leashed on NCAR property. In the face of this challenge, OSMP eventually changed its rationale for requiring dogs on leash to "protection of riparian habitat."

In late December of 2006 when OSMP finally rejected our argument for the continuation of voice and sight on the Bear Creek Trail, they told us that they would "re-evaluate this decision in one year." In late 2007 FIDOS pushed hard for this re-evaluation, and in January of 2008 OSMP held a public meeting which was attended by dozens of dog owners who had been regular users of this trail for years. OSMP heard us out, and afterward said they would discuss the situation internally. They said that all options were on the table. Unfortunately, a few weeks later the people who had attended the meeting were notified by e-mail that OSMP had spoke to officials at UCAR–which oversees NCAR–and that it was UCAR’s position that dogs had to be leashed on their property...period. OSMP said there was nothing more they could do.

One of FIDOS members, Michael Katz, subsequently arranged his own meeting with the general counsel of UCAR. In a cordial meeting Katz was told that UCAR was satisfied with the agreement they had entered into with the City in 2006 under which OSMP would take over enforcement of Boulder municipal ordinance violations–including those relating to dogs off leash–on NCAR property. General counsel said that it was also a "requirement of federal law" that dogs had to be leashed on federal property. As to why NCAR had never enforced such a law on the Bear Creek Trail despite decades of open use by hikers with their dogs off leash, it is apparently because "NCAR had more important things to do." (This is no doubt true!)

FIDOS believes it is fair to say that OSMP was more than willing to take over enforcement of a leash law on NCAR property because it fit with OSMP’s stated goal to give greater protection to "riparian corridors"–which would include requiring dogs to be on leash. FIDOS wishes that it had had advance notice that such an agreement with UCAR was in the works in 2006, and that it had been given an opportunity at that point to urge the parties to consider an exception to the leash requirement on the Bear Creek Trail. Nonetheless, FIDOS has asked OSMP–in writing–to revisit this issue during the West Trail Study Area (TSA) process. FIDOS has pointed out that the NCAR property sits smack in the middle of the West TSA, and that failure to look at natural and recreational resources–and management policy–on such a large chunk of Boulder open space would be odd, to say the least. FIDOS argued that it would make sense for OSMP to decide whether that corridor is appropriate for Voice and Sight on the merits, leaving out the federal question for now. Then, should OSMP agree that it would be appropriate as a matter of policy and management to restore Voice and Sight, FIDOS would ask the City to go back to UCAR and seek an amendment to the 2006 agreement. Unfortunately, OSMP has basically ignored FIDOS request–silence being the only response to date. FIDOS will continue to raise this issue during the West TSA process, and the support of FIDOS membership will be very critical if we are to have any chance of persuading OSMP of our position.

NOTE:  You can read about OSMP's West TSA at www.westtsa.org