Bear Creek restrictions - Status

Bear Creek Trail: Dogs on Leash to be Imposed

In January, 2007, the City of Boulder Open Space and Mountain Parks Department (OSMP) changed the status of the Bear Creek Trail 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, have now been posted to reflect this change in status. FIDOS vigorously opposed this change. The Bear Creek Trail 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 has 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 actually 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 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 dog on leash to "protection of riparian habitat."

In late December, 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." (It is not clear what such a re-evaluation would be based upon.) In the meantime, if you are a user of this trail, or simply have views on the continued loss of voice and sight privileges on Boulder Open Space, we would encourage you to write to Mike Patton and Dean Paschall at OSMP.(PattonM@bouldercolo rado.gov; PaschallD@boulderco lorado.gov) Please be sure to send a copy of your e-mail or letter to FIDOS at boulderfidos@ yahoo.com. If you would like, you could simply send your written comments to FIDOS at our web site; or at boulderfidos@ yahoo.com. We will be happy to forward your comments to OSMP, and compile your letters to forward to City Council at the appropriate time.

Habitat Conservation Areas - April 2007

As of March, 2007, Boulder’s Open Space Mountain Parks Department (OSMP) will start enforcing a rule that requires ANYONE who wishes to venture "off-trail" in a Habitat Conservation Area (HCA)(Map here) on City open space to first apply for and receive a permit. The Boulder Daily Camera ran a front page article about the off-trail permit system on Monday, March 12th. In that article there was a box captioned "HOW IT WORKS," and under the definition of "What’s off-trail?" was the following quote: "Going off-trail for lunch, to find a quiet spot, or to reach an overlook is considered off-trail." Therefore, it is important for all users of Boulder open space to understand that effective immediately, relatively innocent behavior will put you in violation of the law on large sections of Boulder’s open space.

It is estimated that approximately 40% of City open space is now in areas designated as HCAs. This includes all the land to the west of Green, Bear, and South Boulder Peaks. Trails in these areas include Long Canyon, Greenman, Bear Canyon (upper portion), Green-Bear, Green Mountain West Ridge, and Bear Peak West Ridge. Other large HCAs are found in areas such as Eldorado Mountain (south of Eldorado Springs), the Southern Grasslands (near Marshall Mesa and extending south to Jefferson County), the Eastern Tall Grass Prairie (north of Marshall Road on both sides of Boulder Turnpike), and the Northern Foothills (north of town and west of US 36/Colo 7 toward Lyons). Presumably there will be signs advising people they are in an HCA and must not venture from the trail. However, it might be prudent to contact OSMP for a map showing all open space land with those portions designated as HCAs.

An application for a permit can be made "on-line" and will initially be free. It is not clear how many off-trail permits OSMP will authorize for a given area, or for what purpose(s). While most of us stay on trails and never "bush-whack" or go cross country between trails, it is important to understand it is not necessary that you be far off trail to violate the law. If you simply go a few feet off trail to get that perfect camera angle, or sit on a nice rock in the sun to have lunch or contemplate nature’s beauty, you will be in violation of the law in an HCA and at risk of a ticket and fine if a ranger sees you.

Finally...for those of you who hike with dogs, you should be advised that many trails in HCAs (such as Long Canyon and Greenman) will no longer allow dogs; and that where dogs are allowed they will need to be both "on-leash" and "on-trail." One notable exception to this rule is the Ranger Trail (from Green Mountain Shelter to Green Mountain Peak). Dogs on that trail will be allowed off leash under "voice and sight" control; however, they must remain "on-corridor" on that trail!