Connecting Trails, Supporting Landowners, Building Partnerships

j.c. leacock

Over the past 20 years, the Crested Butte Land Trust has worked with many community partners to establish a beautiful series of trails in the region of Crested Butte. Together, we are enriching the lives of everyone in our community, and we greatly appreciate the leadership and commitment of these partners, including the Crested Butte Mountain Bike Association, the Adaptive Sports Center, the Elk Mountain Hikers Club, the Crested Butte Nordic Center, the Gunnison Trails Commission, the Town of Crested Butte, and funding from the 1% for Open Space program and the Gunnison County Land Preservation Board.

How is a trail system established?

Landowners generously agree to place a perpetual trail easement on their property. They continue to own the land and a qualified nonprofit, like the Crested Butte Land Trust, is responsible for monitoring the trail easement.

How is the trail paid for?

The Crested Butte Land Trust’s staff works with landowners to secure donations of trail easements, and generally pays for trail improvements out of its operating funds. In some cases, trail projects are generously funded by the State of Colorado, Great Outdoors Colorado, 1% for Open Space, and private donors in our community.

What are the benefits of creating a trail easement with the Crested Butte Land Trust?

The Crested Butte Land Trust first and foremost recognizes that the ability to establish a network of trail systems can only be successful by the generosity and vision of our community’s landowners.

We work on a voluntary basis with landowners to help them identify their conservation goals and explain how the trail system can enhance those goals. Each trail easement is unique, tailored to the dual goals of the landowner and the Land Trust. In the case of agricultural lands, trails can be closed to accommodate grazing patterns and agricultural needs.

Securing trails can take anywhere from several months to many years depending on how fast the landowner wishes to proceed and available funding sources. The Crested Butte Land Trust’s staff and legal counsel are skilled in this type of work, and their services are included at no cost to the landowner.

If the landowner decides to donate or sell an easement, or a portion of the land at less than the appraised value, he/she may qualify for federal and state income tax deductions ranging from 30% – 50% of his/her adjusted gross income. Qualifying farmers and ranchers whose gross income from farming is more than 50% of their total annual income could deduct up to 100% of their income until the donation amount is used or for a maximum of 16 years. The State of Colorado also provides incentives for the landowner to donate a trail easement through a tax credit program.

How is a landowner who allows the public to access their property protected?

To encourage landowners to make land and water areas available for recreational purposes, the State of Colorado passed a law to hold landowners harmless for liability concerns. Specifically, the Recreational Use Statute (C.R.S. 33-41-101 (2007)) which limits landowner liability toward persons entering thereon for such purposes. This Statute provides that landowners who invite or permit people to come onto their land for recreational use, free of charge, do not, by doing so, assume responsibility for or incur liability for bodily injury or property damage suffered by any recreational user. If the landowners are sued, the Statute gives them the defense of immunity.

The law also allows the easement holder (like the Crested Butte Land Trust) the same scope of protection as the landowner. If an admission fee is charged in connection with the recreational use, the protection is lost. Additionally, the Crested Butte Land Trust carries liability insurance for trails responsibilities it holds by easement or when owning land.

What is trail stewardship, and why does it matter?

The Crested Butte Land Trust believes that taking care of the land is central to our conservation work. We work with the community, area trail user groups, and landowners to assist in ongoing trail improvements and maintenance. We continue to request funds for trail improvements, enhanced parking areas, updated trail signs and information, erosion control, and foot bridges and other access improvements.

The trails are designed to be low-impact and community-friendly, with an eye towards minimal long-term trail maintenance.

Questions? Suggestions? We’d love to hear from you.

As always, feel free to contact Ann Johnston at director@cblandtrust.org