Keeping public rights of way clear and maintained is a cross compliance requirement which is often overlooked by farmers and can result in fines during inspections. It is a particularly important consideration at this time of year with winter sown crops coming through and spring planting getting underway. Whether you spray the growing crop out or leave the required 1 or 2 metres when planting, this is a requirement that shouldn’t be neglected.
GAEC 7b sets out guidance for keeping public rights of way (public footpaths, bridleways, restricted byways and byways open to all traffic) open and accessible.
GAEC 7b – what you must do
You must:
- not wilfully obstruct public rights of way without lawful authority or excuse
- not disturb the surface of public rights of way without lawful authority or excuse, with the exception of ploughing the surface of a footpath or bridleway when it is not reasonably convenient to avoid doing so
- Where you have disturbed the surface of a cross field path or bridleway, you must:
- make good the surface of cross field footpaths and bridleways to not less than the minimum width within 14 days of it first being disturbed if you are sowing a crop, or within 24 hours in all other circumstances. Minimum widths are 1 metre for footpaths and 2 metres for bridleways
- indicate the route of a reinstated cross-field footpath or bridleway so that it’s visible on the ground and is at least the minimum width of the recorded route
- maintain stiles, gates and similar structures across a footpath or bridleway in a condition that makes them safe and reasonably easy to use
These rules apply to visible public rights of way only. This includes any rights of way which would be visible if it wasn’t for breaches of the rules.
It is worth noting that field-edge public rights of way require the following widths:
- 1.5 metres for a field edge footpath
- 3 metres for a field edge bridleway
Find out more using the following links:
Public rights of way: landowner responsibilities – GOV.UK (www.gov.uk)
