Camp Fires & The Law

[Kepis]

This question has probably been posted a hundred times or more already, but i was wondering what the rules and regs are about lighting fires these days, i have checked my local byelaws and can't find any reference to them, plus i have checked the "right to roam" website and where i go is in one of the right to roam areas.

Like all of you, when i light a fire, no matter what size it is, i always check the conditions, ground and wind direction etc and then place the fire on a bare earth patch so there is no danger of it spreading, and i alway make sure it is properly out before leaving (Usually douse with water to make 100% sure), i then cover over the area where the fire was so when i leave it looks like nobody has ever been there.

Any ideas?

 

[ScottC]

Basically you cannot light a fire on private land without the landowners permission, although I think it's different on beaches...

 

[Kepis]

Basically you cannot light a fire on private land without the landowners permission, although I think it's different on beaches...

So if i am on "open access" land as defined by the law under the right to roam act, can i assume that i should be ok, i believe where i normally go is public land and i have not had a problem, but just in case i am challenged (which i doubt) i want to be able to respond with the correct facts.

 

[flibb]

Just about all right to roam land is privately owned, hence you cant light a fire or stay overnight. Its different in Scotland, although im not sure about lighting fires. Ruff cmping is allowed in Scotland, and although its not really allowed in the English / Welsh national parks as long as your sensible theres unlikely to be a problem.

 

[ScottC]

As far as I know you can only have a fire on private land where you have permission for example a privately owned campsite or a farm or your own garden etc.

 

[BlueTrain]

Could one of you explain "Right to Roam" laws for the benefit of Americans?

In the meantime, I'll make a comment on fires here.

In national parks you can have a fire only in a fireplace, which means among other things, that you can't have one in the backcountry. Some parks have a designated wilderness area but I'm not sure that has any real or practical meaning.

In national forests, the mentality is completely different and you may have fires. There are generally other limitations in place but that is about it. Also, hunting in season is allowed in at least some national forests and the one closest to me even has a number of public shooting ranges. National parks and national forests are administered by different federal departments.

Where I am from in southern West Virginia, I am familiar with a few places where camping is common but as far as I know, is not parkland or hunting preserve, so I don't know whose land it is. It may just be road right-of-way but I am speaking of backroads running beside a river. The one I am think of is an ancient road by American standards that was one of the early roads in what was then western Virginia, laid out before the revolution.

In other places I am familiar with, there is land owned by mining companies and other large corporations where you may trespass without worry but at the same time, some places I used to frequent in my four-wheeling days have become fenced off. I presume the main reason is the presence of open abandoned mines that really are dangerous places.

I don't recall the last time I built a fire.

 

[Ranger Bob]

Could one of you explain "Right to Roam" laws for the benefit of Americans?

Basically, the act allows members of the public access (for walking etc...) on privatly owned areas of open countryside ie. not enclosed for agriculture.

Basically you cannot light a fire on private land without the landowners permission, although I think it's different on beaches...

You are free to light a fire anywhere BELOW the Spring high tide mark. All OS maps show this, usually as a blue line marked.... Mean High Water.

 

[flibb]

My impression og the USA is that theres large areas owned by the government that you have access to. In the UK thats not the case, just about all the countryside is owned and managed by companys and private indeviduals. There are 12 national parks, but these are also largelly privately owned but have access rights for the public (Engalnd and Wales). Theres also new laws that give the public access to other privately owned land. Access covers walking and picknicking, nature watching etc, but not camping. In Scotland where there are lager open areas not under agricultural managment (but could be forestry), there are other laws allowing camping out. We also have a footpath network, but you are ment to stay on the footpath and not wonder off.

http://www.anpa.gov.uk
http://www.openaccess.gov.uk/

 

[ottar]

Could one of you explain "Right to Roam" laws for the benefit of Americans?

The CROW Act 2000 allows people to wander freely across uncultivated open land without having to stick to the existing Rights of Way. It already existed in Scotland and is being phased in in England and Wales and will be completed by November this year.

More info here

It makes no change to fire laws though.

 

[Tantalus]

Please note here

There are different laws in different parts of the UK

Scotland has its own set of laws

England and Wales are covered by the same laws

Northern Ireland (sorry guys) remains a mystery to me

In Scotland fires are permitted, as is free camping provided it does not interfere with agriculture or nature (thats the simplified version)

Scottish Outdoor Access Code

Welsh Countryside Council

English Open Access

First work out which country you are in and then take it from there

Tant

 

[Kepis]

Thanks for the replies guys, think i will just carry on as i have been, i have never been challengened and tbh the only other people you see up around where i go is the odd dog walker and they never venture off the paths and into the woodland as i do.

To throw another log on the fire, i was speaking to my old man earlier he spent his childhood in exactly the same woods and surrounding areas, he seems to remember the land is publically owned (Common Land), would this make a difference?.

 

[flibb]

The problem with common land is there is no single deffinition. Most common land is still owned by somebody, its just that others have a right to access it and in some cases to carry out activaties. These could be to graze cattle, collect fallen wood, keep horses, etc. These rights can be restricted to certain groups or indeviduals. There are many places wher the land owner does not restrict access, but they also do not encourage it. This is done so that the owner retains all rights to control the land, they dont need to take out additional insurance, and the users get access. Problems with this approach have occured when the land owner have been sued when accidents happen, in several cases the blame was put on them for not securing the land.

Back to your question... Your county council rights of way officer should have details of what status the land has, or just carry on but with the understanding that if you are asked to leave by the land owner then its time to go, or ask them for permission to stay