"Full steam ahead into the past" seems to be the motto of the mountain biking regulations in the new State Forestry Act of North Rhine-Westphalia.

In early May, the state government published the draft of the new State Forest Act. It includes the following addition regarding the right of public access (§2, paragraph 1): “Paragraph 1 applies mutatis mutandis to riding and the use of mobility scooters on roads and paths, as well as on trails designated with the consent of the forest owner and the forestry authority. Roadways are paved or naturally firm forest management roads.”

The draft describes the type of path referred to as follows: “With their artificially paved or naturally firm surface and their width, these paths are generally designed so that they can be traveled on by two-track, non-off-road vehicles.” The path width is already legally defined as follows: “Standard lane width 3.50 meters, standard crown width 4.50 meters.” If the revision of the State Forestry Act comes into force, a 3.5-meter rule will apply in North Rhine-Westphalia, thereby banning bikes on all narrower paths that are not specifically designated for mountain bikers. It would be the most restrictive law for mountain biking in all of Germany.

DIMB: Draft is impractical

The draft justifies the tightening as follows: “The restriction on cycling in the forest to roads and ‘fixed’ paths, introduced by the Third Act Amending the Forest Act of May 9, 2000 (GV. NRW. p. 485) has proven to be only partially practical for regulating cycling in the forest.”

Heiko Mittelstädt of the DIMB* strongly disagrees with this assessment: “We have neither seen large-scale erosion caused by mountain bikes nor accidents involving other recreational users. Overall, the regulation has proven effective.” He is aware that the forestry authority would prefer to restrict mountain bikers to forest roads only, as proposed in the draft bill. “We have been in contact with the authority for years and have a good relationship. We also thought we had reached a consensus on the definition of a fixed path.” He refers to a parliamentary debate in 2000, during which a regulation on path widths was explicitly rejected at the time. Twenty-six years later, here comes the next attempt to enshrine such a regulation in law.

“We are therefore surprised by the draft bill,” admits the DIMB expert. The regulation would also restrict everyday mobility, he argues, because not all of the forest trails commonly used for cycling meet these requirements.” Even the touring cyclist or family man on his way home from a quick errand could suddenly find himself breaking the law. 

I wonder if the lawmakers in Baden-Württemberg have looked into how well the 2-meter rule has succeeded in regulating cycling in the forest? Here’s a hint: The single-track ban by no means ensures that mountain bikers will only ride on forest roads. And while Baden-Württemberg, after 30 years of squabbling over the 2-meter rule, has at least declared its intention to make legal single-tracks available across the board, such a commitment is lacking in North Rhine-Westphalia. Only the reference to “official trails” suggests that the draft’s authors are aware of the kind of trails mountain bikers need.

The ban on unauthorized trail construction (§3, paragraph g) is given its own section: “It is prohibited to construct structures, embankments, and ramps for the purpose of riding and cycling outside of marked trails, unless special authorization or the consent of the forest owner has been obtained and such construction does not conflict with prohibitions under this law or other legal provisions.”

Digging on one’s own initiative has long been prohibited, not only in North Rhine-Westphalia. What is new is that the range of fines for this offense is being increased from 25,000 to 50,000 euros. The authority to impose fines of this magnitude is already enshrined in North Rhine-Westphalia’s State Nature Conservation Act. Mittelstädt is convinced that this will not change anything: “The ban on digging trails in the forest without authorization is absolutely undisputed and has already been subject to fines.”

There was something like this before: A look back at the Federal Forest Act

The draft of the new Forest Act has been sent to the associations, which have until early June to comment on it; the DIMB is among them. To ensure its arguments carry weight, the association is simultaneously working to mobilize the mountain biking community, according to Mittelstädt, so that it makes its disagreement known at all levels.

For the DIMB and mountain bikers in Germany, the story is a case of déjà vu: At the end of 2023, a draft of the Federal Forest Act leaked, which sought to impose similar restrictions on cycling in forests throughout Germany. At the time, DIMB lobbyists managed to prevent the ban on singletrack trails through discussions with lawmakers and government agencies. But then came the change in government, and the revision of the Federal Forest Act was postponed indefinitely. Heiko Mittelstädt notes that the Federal Forest Act will likely not be revised during the current legislative session.

After all, the DIMB has already proven that it has mastered the political craft and can assert the interests of the mountain biking community (which, after all, comprises several million voters). This gives reason to be confident that the same can be achieved in North Rhine-Westphalia. But one thing is also certain: a lot of work awaits the people who represent the interests of female mountain bikers there. For Mittelstädt, this is the moment to call for new members: “Because the more members the association represents, the greater its political clout.”

Further information on the legislative revision from the DIMB’s perspective 

*The German Mountain Bike Initiative (Deutsche Initiative Mountainbike e. V.) recently changed its name to the German Mountain Bike Interest Association (Deutscher Interessenverband Mountainbike e. V.). That is why it is now referred to as “der” and no longer as “die DIMB.”