As you may have already heard, the California Department of Parks and Recreation (CDPR) has proposed a new rule that would prohibit visitors from travelling off-trail in certain sensitive areas of California State Parks. While on the surface this seems like a good idea, it is an overly broad proposition that could have a significant impact on usage of our local Anza-Borrego Desert State Park (ABDSP).

The text of the proposed law is as follows:

Section 4325 Off trail restrictions-Preserves and Reserves
(a) No person shall leave designated trails, boardwalks or other designated routes of travel in Natural Preserves, Cultural Preserves, State Cultural Reserves, or State Natural Reserves within the California State Park System, unless approved by the Department.
(b) Section (a) shall not restrict Department employees or their agents for the purpose of management, such as research, enforcement, rescue, or educational programs.

Read the full Notice of Proposed Rulemaking.

Reasons For Proposal

We all know that State Parks protect important natural and cultural resources that can be impacted by humans. Endangered plants and habitats can be disturbed by careless feet, vandals have been known to graffiti geological formations or historic buildings, and thieves make off with potsherds or arrowheads from archaeological sites.  Confining visitors to trails in certain areas makes sense to help try and protect the most fragile locations.

Currently, off-trail travel in sensitive areas can only be prohibited by an annual order of the District Superintendent. Torrey Pines State Natural Reserve and Extension, for example, currently prohibit any off-trail travel. Such orders are temporary and need to be renewed each year, making them a less than ideal way to protect sensitive areas. (Read the CDPR’s Initial Statement of Reason for more background.) CDPR’s new proposal would permanently make off-trail travel in all of the state’s Preserves and Reserves illegal.

Areas Affected

To be clear, the proposed law does not apply to all State Park property. You would still be able to camp on the side of the road or hike cross-country through the majority of ABDSP. The proposal applies only to areas designated as Natural Preserves, Cultural Preserves, State Cultural Reserves, or State Natural Reserves.

In the case of Torrey Pines State Natural Reserve for example, the law would apply to the entire area. In Anza-Borrego Desert State Park and Cuyamaca Rancho State Park, it would only apply to specific sub-sections that have been designated as Cultural Preserves. Cultural Preserves are areas within an existing State Park that contain important historic and prehistoric resources such as archaeological sites, burial grounds, pictographs, and historical structures.

In ABDSP, these are:

• Angelina Spring Cultural Preserve
• Coyote Canyon Cultural Preserve
• Culp Valley Cultural Preserve
• Hawi-Vallecito Cultural Preserve
• Little Blair Valley Cultural Preserve
• Piedras Grandes Cultural Preserve
• Southern Overland Trail Cultural Preserve

While the proposed text appears to include a provision for exceptions (“…unless approved by the Department”), I haven’t seen any information about what would be involved in acquiring this kind of approval and under what circumstances it might be sought or granted. By default, all of the areas listed above would be affected.

Potential Issues

I am completely on board with the idea of protecting important historical sites, as well as the sensitive habitats and endangered plants that can be found in our Natural Preserves and State Natural Reserves. If some of these areas (like Torrey Pines) are at risk of damage from people travelling off-trail, then I fully support prohibiting off-trail travel in those specific locations.

I do not, however, support a blanket prohibition against off-trail travel that does not take into consideration the unique and different environments of California’s diverse park land. ABDSP in particular is a remarkable location with a long history of allowing visitors to camp and hike with minimal restrictions. This unique lack of bureaucracy has allowed generations of Park goers to form a deep connection with the land and have experiences that can be found in few other places. Restricting access will diminish these recreational opportunities, and the people of California will lose out on these valuable experiences and the affinity they create.

Aside from the philosophical objections, I foresee a number of logistical issues as well.

First of all, ABDSP is well-known for its lack of formal trails. Most State Parks have clearly marked trails and routes of travel which visitors are encouraged to follow. ABDSP has very few. I believe this is in large part due to the fact that regular flooding makes the construction and maintenance of formal trails next to impossible. Will any of the existing popular cross-country routes be incorporated as “designated trails,” or will these vast swathes of land just now be inaccessible? If designated trails need to be established in ABDSP’s Cultural Preserves, will there be funding allocated for the maintenance costs of rebuilding them each year after annual flash-floods wipe them out? If instead of marked trails, designated routes are established only via map, will we be subject to fines or arrest if we get lost and inadvertently wander off course?

Another significant hurdle will be enforcement of the new regulations. I have yet to encounter an ABDSP Ranger outside of a campground, and that’s really not surprising considering how incredibly vast the park is. CDPR claims that “minimal costs” will be incurred as a result of this new rule: “Minimal costs will be incurred by DPR to post new signs. The costs will be paid through the normal budget process. There will be no additional costs.” There is no mention of increased funding for law enforcement to monitor these areas. Apparently the plan is just to post up some signs and hope everyone cooperates.

The fact of the matter is this law will only lead to responsible Park users adhering to the new rules, while less ethical people will disregard the restrictions. There are already laws against vandalizing Park property or removing cultural artifacts, yet there are still people who do this. These are criminals, and they will not be dissuaded by the fact that now they are breaking two laws instead of only one. I submit that this law could potentially increase acts of vandalism, as there will now be no responsible, law-abiding Park goers to act as potential witnesses in “off-limit” areas.

One Size Does Not Fit All

CDPR’s argument is that the current method of requiring Park Superintendents to annually re-declare sensitive areas off-limits is cumbersome and ineffective. I agree. So how about just give them the power to permanently enact these restrictions for the specific areas of concern, instead of making a blanket rule that affects everything?

The best protection California’s natural and cultural resources have is the love and support of its people – people who have developed a connection with these places by being allowed to see and experience them first-hand. By needlessly restricting our access to these spots, CDPR runs the risk of alienating the people most likely to support their preservation.

Share Your Thoughts

If you’d like to share your thoughts on this proposal, the written comment period ends at 5:00 pm on June 6 (that is THIS MONDAY):

Any interest person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to DPR. Comments may also be submitted by facsimile (FAX) at (916) 324-0301 or by email to trails@parks.ca.gov. The written comment period closes at 5:00 p.m. on June 6, 2016. DPR will consider only comments received at DPR offices by that time. Submit comments to: Lisa Mangat, Director California Department of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296

A public hearing has been scheduled on June 22, 2016 from 6-8pm at the San Diego County Operations Center, Hearing Room, 5520 Overland Avenue, San Diego, CA 93123.

For more thoughts on this proposal, please check out the following articles:

Proposed Restrictions to Hiking in Anza-Borrego – by Scott Turner at Modern Hiker
CA State Parks Proposes Off-Trail Use Restrictions – The Anza-Borrego Foundation
CA Parks Wants to Ban Hiking or Climbing Off Trails – East County Magazine