The two-meter rule in Baden-Württemberg lives on, Bavaria introduces a ban on single trails - what's going wrong in Germany right now?
. Oh, that's being totally blown out of proportion. The two-meter rule still applies, but is not enforced at all. Many federal states, on the other hand, are liberal. What is happening in Bavaria is actually a setback. However, the legal situation has not changed at all. There is only this administrative regulation - this is an instruction from the ministry to the implementing authorities - on how the term "suitable route" is to be interpreted.

Who came up with this new interpretation of the law?
It mainly came from the mountain pasture owners and forest administrations. In the past, it was more the hiking associations that complained, as they maintained the trails and felt disturbed by mountain bikers. We now have good contact with them.

There are even threats that the bikes will be confiscated if people are caught on single trails. What does the DIMB say about this?
In principle, it is possible to confiscate the tools used to commit an offense. However, in the case of mountain biking, there would have to be a very serious accusation to justify this. After all, confiscation must be proportionate. It's a shame that the ministry is stirring up fears here that hardly have any basis in practice.

What is the DIMB doing about the situation in Bavaria?
We can't do anything legally against the administrative regulation. Only if prohibition signs were actually erected could we take legal action against them. But we want to take the political route first. In Bavaria, we have called on the Ministry to set up a state-wide round table at which we want to discuss the criteria for suitability for mountain biking again. We do not approve of a trail being closed simply because of its width. A blanket ban on single trails is also highly controversial among other sports and tourism associations.

What were the reactions to your appeal?
The responsible ministry told us that they would monitor the situation over the next three years and then evaluate it with us. As the DIMB, we don't think that's right and have followed up with the demand that there should be a nationwide round table right now. Otherwise we fear isolated solutions, depending on the interpretation of the local authority. The answer to this is still pending.

"It's a hotspot problem."

What is the situation like in the other federal states, is the situation getting worse there as well?
No, it's a hotspot problem. There are a lot of mountain bikers in big cities like Munich and Stuttgart. In the areas around these conurbations or in the Alpine region, where people from these cities are drawn - whether for hiking or biking - there can be problems on nice weekends. In the Bavarian Forest, the Black Forest and the Thuringian Forest, we have so many trails that this is not a problem at all during the week. Sharing paths works - no matter how wide or narrow the path is.

Most people can't go mountain biking for a day during the week,
however. A lot of tours take place at home after work. But where many people want to go out at the same time, more attractive bike trails are needed. This separates bikers and hikers and also counteracts the unauthorized construction of routes.

How often do conflicts arise because of trails built by people on their own initiative?
Self-built trails are primarily a cry for help in regions where there is no attractive offer for mountain bikers. Where there are latent conflicts, such as in Stuttgart or Munich, and where people have neglected to create a proper offer, things have escalated. This was also due to corona, because schoolchildren and adults had more time.

How do you deal with this - after all, the shovelers are also part of the mountain bikers you represent?
We support these people by helping them how to proceed legally, who they need to talk to. We have a track construction guide on our website and also offer personal advice. But a permit procedure is of course a tough process. In any case, it only works if you coordinate with all stakeholders. You can't just go out with a spade and shovel your route into the forest

"Unauthorized trail building is a cry for help."

Do you really only shovel where there are no trails? Don't self-built lines sometimes go off legal routes too?
When this happens, the organization responsible for the official routes reacts. Mountainbike Freiburg, for example, has now been able to realize five routes, has 2000 members and a corresponding standing in the mountain bike community. When they say to people: "That's not how it works!", it has an effect. What also happens is that there is only one single route in a region, which at some point becomes too boring, too easy or too challenging and then more routes are created. Here, too, the unauthorized construction of lines shows that demand is not being met. That's why it's important for the administration to work well with the clubs and make routes possible, because it's a win-win situation for all sides.

How often does it happen that trails built by bikers are subsequently legalized?
This can happen, but more often on natural trails; on trails that have been used for years. However, built trails are often not eligible for approval due to nature conservation laws or ownership. And, of course, authorities don't want to be embarrassed by the situation where they say: "They just build something and it's legalized afterwards!"

What proportion of the conflicts surrounding mountain biking are caused by mountain bikers themselves?
We have up to 16 million mountain bikers in Germany, that's 20 percent of the entire population. Every now and then you hear on social media or in the newspaper that someone has behaved recklessly. The majority of mountain bikers behave in an environmentally and socially responsible manner. What we as DIMB also emphasize again and again: Germany is generally generous when it comes to allowing mountain bikers to use trails and to building additional trails and creating further offers.

What part does the DIMB play in this? We were able to feed our ideas into the forest strategy at federal level, which was drawn up by the Federal Ministry of Food and Agriculture. There is a joint position paper which states that trails in good condition are generally suitable for mountain biking, no matter how wide or narrow they are. This is backed by the German Olympic Sports Confederation, the tourism association, the forest owners and the ministries of the federal states.
But the forest and nature conservation laws of the federal states are legally decisive. We are also involved there. In Hesse, we were able to prevent the forest law from being tightened with regard to mountain biking. In Thuringia and North Rhine-Westphalia, "fixed paths" may be used by bike, in Hesse "paved and nature-proof paths". Things are looking good in many federal states, but there are also federal states where we still have work to do.

Has the success of the mountain bike startled certain people?
That's the case in Bavaria. In the Allgäu region, landowners in particular have been seething for around three years. Before that, people in Bavaria were of the opinion that the Nature Conservation Act regulated mountain biking sufficiently and that there was no need for any readjustment. It is a shame that politicians have given in to this and want to interpret the law more strictly.

"Germany is generally generous towards mountain bikers."

As a representative of the DIMB, are you more of a crisis manager or is the whole thing developing positively?
Of course there are always setbacks, but the popularity of mountain biking cannot be denied. I keep saying to the other stakeholders: you can't wish the mountain bike away. Let's find a solution together if there are problems on the ground! For example, with a purpose-built trail. That's good for the owners, because with an official route they know where things are happening, perhaps tourism, an association or the local authority is the sponsor of the route and takes over the operation. And it is beneficial for nature conservation because unauthorized digging in sensitive areas is prevented. In terms of regulatory law, it can only be kept under control on a small scale anyway. I don't think anyone wants a permanent police presence in the forest.

In which direction is Germany developing in terms of mountain bike friendliness? A lot has been achieved on the existing trail network. For the DIMB, these trails should continue to be the basis so that everyone can mountain bike close to where they live. Some additional routes have already been built. But we realize that this is not enough. I see a great deal of openness among all stakeholders, they see that further offers are necessary. As a representative of the DIMB, I hope that we can maintain the free choice of trails on the existing trail network in the long term and only get very few bans. And we need built trails in the hotspots, because that's where the problems are. In the countryside, in the low mountain ranges, where not so many people live or ride, the situation is more relaxed.
The mountain bike is part of the major development that mobility is currently undergoing. The bicycle is gaining in importance as a means of transportation and is viewed differently than it was a few decades ago. Germany, with its car industry, is perhaps finding this a little more difficult than other countries and the discussion about mountain biking is also a transfer of the conflicts between car drivers and cyclists in city centers. But just as other social issues are viewed very differently today than they were 50 years ago, mountain biking in nature will also be viewed very differently in a few years' time.

Heiko Mittelstädt is Head of MTB Expert Advice at Deutsche Initiative Mountainbike e. V. DIMB. His tasks include representing the interests of the legal situation, advising on route construction and communication.