How To Build A Water Trail

Drafting A Water Trail Plan - Working With Landowners

It’s not unusual for landowners to have initial concerns about a water trail. Landowners may worry about their land being taken or otherwise reduced in value. They may fear that the water trail will impose restrictions that will somehow limit future opportunities to sell or develop land for profit. However, trails and greenways increase the natural beauty of communities and they have been shown to bolster property values and make adjacent properties easier to sell. Other concerns include sense of privacy, security, and trash. But open communication can address these concerns and dispel misconceptions.

To learn more about communicating with landowners see Providing Access.

In these litigious times when liability and lawsuits are on the minds of many, it may not be easy to convince landowners that opening their land to public or semi-public use is in their best interests – and in some cases it may not be. An important job in evaluating a potential site is to weigh the consequences of opening it. Who will use it? Will it be subject to overuse? Is it an environmentally sensitive area? Is ownership simple (one owner) or complicated (several persons in undivided ownership)? Can you assure it will be well maintained?

Fortunately, Connecticut has a recreational use law designed to limit liability for landowners who open their property for free public recreational use. To learn more see Connecticut Limited Liability Law.

Your case will be helped by addressing frequently asked questions at the very beginning, which should be enclosed with your letter requesting use of the property. Be sure to let landowners know that they, not your group, will set the rules for use of their property. In many cases, other than a few rules they feel are necessary (no fires, no cutting of trees, confine use to the immediate area of the campsite, etc.), they will settle for your guidelines for camping and low-impact use.

The decision whether or not to have a formal lease with the owner should be left to them. In most cases, you will improve your chances for getting permission to use a site by listing agreements between you and the owner in an informal letter and then sealing the agreement with a handshake. This gives the owners an “out” if for any reason they no longer want their land to be part of the water trail, whereas they may feel they are being painted into a corner if they have to sign a contract.

You can take various approaches when working with landowners and others who may have concerns about the water trail. You should always stress the benefits of water trails and keep landowners and others who may have concerns involved in the process. Accept the fact that you may revisit their concerns several times during the process. Deal with the issues head-on. Seek out opponents and hear their concerns and objections. Engage them in solving the problems.

Landowners, those who participate as well as those who do not participate, should be regularly updated during the development, implementation, and use of the water trail. This could include updates by phone, mail, email, planning sessions, and organizational events. Their continued participation is essential for success and they need outlets to both receive information and question and comment on it.

Don’t wait for landowners and neighbors to learn of the proposal by reading about it in the newspaper. Talk to them directly, either by traveling door-to-door, circulating a letter, or giving a presentation at a community gathering.

Listen to what they’re saying:

Take time to understand why landowners and neighbors have concerns about the water trail. Listen carefully, address concerns, and try to arrive at solutions that benefit as many people as possible. Imagine yourself as a landowner to better understand their perspective.

Find allies among landowners and neighbors:

Within a group of landowners and neighbors, you may find paddlers, anglers, families, and others – all of whom will be likely water trail supporters. Seek out these individuals, explain the benefits and urge them to support your efforts.

Give landowners and neighbors a role in the project:

Establish an advisory committee and ask landowners and neighbors to serve along with advocates and user groups. Often, when given a chance to participate in the process, landowners and neighbors are willing to work toward solutions.

Invite former opponents to speak to your future trail neighbors:

Invite an articulate landowner who once had concerns about the blue trail to come speak in your community. Hearing the story of how an opponent became an advocate can help lessen the concerns others.

Work hard for favorable reviews in the media:

Favorable coverage in the media helps to defuse the opposition and generate support for your cause. Give your water trail project the best opportunity for positive exposure by supplying television, radio, and newspaper reporters and editors with interesting and accurate information.

Reach out to decision-makers and opinion- shapers in the community:

This can include the mayor, city and county council, state delegate or senator, local business owners, and notable leaders and members of recreational organizations, neighborhood clubs, school and universities, churches, etc. It always helps to have official or neighborly support to build acceptance, deeper support, and usage.