Equestrian and Other Nonmotorized Use on Bicycle and Pedestrian Facilities
Posted May 23, 2008. Revised September 26, 2008.
The Federal Highway Administration (FHWA) receives occasional inquiries about equestrian and other nonmotorized use of facilities funded with Federal-aid highway program funds under Section 217 of title 23, United States Code, especially for projects using Transportation Enhancement funds.
Equestrian and other nonmotorized recreational use may be allowed on shared use paths and trails that use Federal-aid transportation funds. Federal transportation laws and regulations do not prohibit equestrians, in-line skaters, skateboarders, cross country skiers, snowshoe users, or other nonmotorized users on shared use paths or trails. States or local managers may choose to prohibit these uses; but it is a State or local determination, and not a Federal requirement. Various design options may allow equestrian use, such as providing both a paved path and an unpaved path within the same right-of-way. See Resources below.
Related Provisions and Implications
Transportation Purpose Requirements
Section 217(i) states: Transportation Purpose.--No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation purposes. This requirement only affects bicycle projects. It does not require a transportation purpose for pedestrian, equestrian, or any other use.
Transportation enhancement (TE) projects must relate to surface transportation. This is a flexible provision that accommodates recreational use as long as the project relates to surface transportation. See FHWA’s Guiding Principles and Questions for Transportation Enhancement Activities for more information.
Trail Sharing
The Recreational Trails Program (RTP) encourages trail management practices to serve a wide variety of trail users, including equestrians. The philosophy of trail sharing and cooperation should extend to trail projects using other Federal-aid highway program funds.
Many trails provide both a recreational and transportation purpose. RTP funds may be used on any trail which provides recreation. Using RTP funds on a trail project does not make the trail ineligible for other Federal highway funds if the trail also provides a transportation purpose.
RTP funds may match other Federal programs including other Federal-aid highway programs. For example, a State may match Transportation Enhancement (TE) or other Federal-aid funds with RTP funds. The RTP also allows matching funds from other Federal programs. For additional guidance on matching funds, see:
- RTP Guidance: RTP Federal Share and Matching Requirements under SAFETEA-LU
- TE Guidance: Summary of Requirements for Matching Funds for TE Projects
Accommodating Previously Existing Uses
When a State uses Federal-aid transportation funds for a project affecting a shared use path or recreational trail, the use of Federal-aid transportation funds should accommodate existing legal recreational uses that are consistent with the management agency's plans. A manager may change land use consistent with management goals and plans, but State or local officials should not require a change in existing legal uses solely because Federal-aid transportation funds are being used for a project. For example, if there is existing legal equestrian use, a Federal-aid project should not require a change in use; it should accommodate the equestrian use.
Motorized Use
Nonmotorized trails and pedestrian walkways, by their nature, do not permit the use of motorized vehicles. However, there may be exceptional circumstances where motorized use should be permitted on segments of nonmotorized facilities. FHWA developed a Framework for Considering Motorized Use on Nonmotorized Trails and Pedestrian Walkways to provide a consistent framework for determining when to permit an exception for motorized use on nonmotorized trails and pedestrian walkways under 23 U.S.C. § 217(h)(5).
Shared Use Path Surfaces
There are no Federal laws or regulations that require a shared use path to be paved. Equestrians (and many runners) usually prefer unpaved surfaces. Shared use path planners and designers should consider various user desires, accessibility requirements, material costs, surface longevity, and long-term maintenance costs when deciding about appropriate surfaces.
The Guide for the Development of Bicycle Facilities 1999 from the American Association of State Highway and Transportation Officials (AASHTO) recommends paved surfaces, but it recognizes that there are successful unpaved surfaces (see page 54). To order a copy, go to the AASHTO Bookstore.
- Federal-aid surface transportation projects (including TE projects) must meet accessibility guidelines. This means shared use path surfaces must be firm and stable, but does not necessarily mean paved. Several resources provide information on trail surfaces. Information in the following documents is based on The Final Report of the Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas, which proposed accessibility guidelines under the Americans with Disabilities Act for trails, outdoor recreation access routes, beach access routes, and picnic and camping facilities.
- FHWA's Designing Sidewalks and Trails for Access, Chapter 14.4 provides best practices on surface materials; firmness, stability, and slip resistance; and other design considerations.
- USDA Forest Service Trail Accessibility Guidelines discuss various trail surfaces. Although these guidelines only apply to USDA Forest Service lands and projects, the concepts are readily transferable.
- Proposed Architectural Barriers Act Accessibility Guidelines for Outdoor Developed Areas. The Access Board is proposing to issue accessibility guidelines for outdoor developed areas designed, constructed, or altered by Federal agencies subject to the Architectural Barriers Act of 1968. The guidelines cover trails, outdoor recreation access routes, beach access routes, and picnic and camping facilities.
See also Clarification of FHWA's Oversight Role in Accessibility, which provides decisionmaking guidance and questions and answers.
Note: States may have their own State policies requiring pavement on shared use paths. However, this is not a Federal requirement.
Shared Use Paths Along or Near Freeways and Bicycles on Freeways
The Federal Highway Administration (FHWA) receives occasional inquiries related to shared use paths or other trails or bicycle use related to Interstate highways or freeways.
- May shared use paths or other trails be located along or near Interstate highways or other freeways? Shared Use Path Response
- May a State allow bicycles on Interstate highways or other freeways? Bicycle Use Response
Buggy Lanes on Highways and Buggies on Shared Use Paths
[Section added September 26, 2008]
FHWA received questions about the possibility of using Transportation Enhancement (TE) funds to construct or pave highway shoulders for use as buggy lanes. Using input from several States, FHWA also considered other nonmotorized use of highway shoulders, and horse and buggy use on shared use paths.
- States may use TE funds to construct or pave highway shoulders for lanes for bicycles and buggies if the primary purpose of the shoulder is to accommodate nonmotorized transportation use (bicycles, buggies, pedestrians). The decision to use TE funds should be based on documentation of a significant amount of nonmotorized transportation. The State should determine its threshold for "significant".
- However, States generally use Surface Transportation Program funds set aside for rural areas under 23 U.S.C. 133(d)(3) (STP Rural) to construct or pave shoulders in areas with large amounts of buggy use.
- States may not use TE funds to construct or pave highway shoulders primarily to accommodate motor vehicle traffic, heavy truck traffic, left turn bypass lanes, to protect the pavement edge, etc. States may use STP Rural funds, provided the highways meet STP requirements.
- States may allow or disallow equestrian use, including horses and buggies, on shared use paths that use TE funds; as noted above.
- States may use TE funds to construct highway crossings for nonmotorized transportation, including use by bicyclists, equestrians, horse and buggy users, or pedestrians.
Resources
Equestrian Publications
These resources provide additional information about accommodating equestrian use.
Equestrian Design Guidebook for Trails, Trailheads, and Campgrounds. U.S. Department of Agriculture, Forest Service, Missoula Technology and Development Center. This guidebook provides information for developing trails, trailheads, and campgrounds that are sensitive to the needs of riders and their animals. The emphasis is on developed facilities and programs in urban, rural, and some wildland areas. The information can be adapted for a variety of settings and levels of development, as well as jurisdictional requirements.
- Web version: http://www.fhwa.dot.gov/environment/fspubs/07232816/index.htm
- Hard copy available through the FHWA Report Center: Recreational Trails Program Reports Order Form.
Recreational Horse Trails in Rural and Wildland Areas: Design, Construction, and Maintenance. By Gene W. Wood; with major contributions from 16 contributing authors from around the nation. Available from Clemson University's Forestry and Natural Resources website: www.clemson.edu/forestres/. See Order Form. Designed as a textbook as opposed to a "how to do it" manual, the book guides readers in how to fit design, construction, and maintenance of equestrian trails to the environments in which they work, as well as the kinds and intensities of use that their trails will receive. Readers are reminded that the trail must fit ecosystem capacities to accommodate sustainable equestrian use.
Website Resources
- FHWA Bicycle and Pedestrian Program
- National Transportation Enhancements Clearinghouse
- Amish Buggy Safety on Ohio's State Roadway System: Ohio's Amish Buggy Safety Program
- Lancaster County Pennsylvania: Horse and Buggy Driver's Manual
- National Trails Training Partnership: American Trails Resources and Library.
- Designing Shared Use Trails to Include Equestrians, presentation from Anne O'Dell. Go to the American Trails Resources and Library; under Trailbuilding, select Trail construction, and select the publication.
- Equestrian Land Conservation Resource - Dedicated to promoting access to and conservation of land for equestrian use.
- The Real Poop: A Discussion of Horse Manure on Trails, by Cyla Allison, Ph.D.
- Trails for the Twenty-First Century, from the Rails-to-Trails Conservancy.
- Rails-with-Trails: Lessons Learned: Literature Review, Current Practices, Conclusions
- Recreational Trails Program publications (includes publications from the USDA Forest Service)
Funding Sources
Additional Information
If you need additional information, please contact:
Gabe Rousseau
Bicycle and Pedestrian Program Manager
Federal Highway Administration
Christopher Douwes
Trails and Enhancements Program Manager
Federal Highway Administration
Historical Note
For the first edition of this webpage, see the November 1, 2005 Version (with updated contact information).
The Administration and the Senate reauthorization proposals for SAFETEA in 2005 had proposed amending Section 217 to state: "Shared use paths may be used by pedestrians, bicyclists, skaters, equestrians, and other nonmotorized users." The purpose of including the additional uses was to counter the claim that, if not mentioned, then they had to be prohibited. The proposed amendment was not included in the final SAFETEA-LU legislation. However, the fact that this new language was not adopted still did not change any Federal law or regulation, which prompted the development of this policy statement.
