Landowner Agreements Behind West Virginia’s Trails

West Virginia’s trail network depends on more than trail maps and permits: some motorized routes cross private land through agreements with landowners. Knowing what those agreements do—and what they do not do—helps riders understand where access comes from, why routes can change, and why a trail permit is not permission to ride anywhere nearby.

How landowner agreements make trail access possible

Some motorized trails cross land that is privately owned. A trail authority cannot treat private property as open for public riding simply because a route would connect well with the rest of the network. It needs a legal basis to use the land. Landowner agreements provide one: they allow authorities to contract with property owners to build and maintain motorized trails on private property.

The West Virginia Legislature describes these agreements as public-private partnerships. They help secure access for expansive networks such as the Hatfield-McCoy Trails, while providing participating landowners with immunity from most liability claims related to public trail use. That protection is described as applying to most claims, not as a guarantee that a landowner can never face a claim.

For riders, the practical result is a managed route across land that would not otherwise be available for public trail use. The agreement supports the trail’s authorized use; it does not turn the surrounding property into public land or give individual riders general permission to explore.

This distinction matters because a trail can cross several types of land in one ride. A route may pass through private property, public land, or land managed for a specific purpose. The legal basis for riding and the restrictions that apply can differ along the route. A marked trail is therefore not just a convenient line on a map. It indicates where riding access has been established and where riders are expected to stay.

Landowner agreements also help explain why access depends on relationships between trail authorities and property owners. If a route’s access arrangements change, the trail authority may need to respond by changing or closing a segment. Riders should not assume that a familiar route will always be available simply because it appeared on an earlier map or was open during a past visit. For more on closures and updates, see Trail Closures on West Virginia’s Trail System and Why West Virginia Trails Close on Short Notice.

What the agreement or rule does	What a rider should take from it
Allows an authority to contract for building and maintaining a motorized trail on private property	Ride on the authorized trail, not on neighboring land
Helps secure access for a managed network such as Hatfield-McCoy	Check current route information before setting out
Gives participating landowners immunity from most liability claims related to public trail use	Do not assume the protection covers every situation
Establishes a land-access arrangement for the trail	Do not treat it as a substitute for a trail permit or other riding requirements
Exists alongside state and local rules	Check restrictions that apply to the route or area

What the agreement means for riders—and what it does not

A landowner agreement is primarily an access arrangement between a property owner and the authority managing a trail. It is not a personal permission slip for riders, and it does not replace the rules that apply to operating a machine.

For Hatfield-McCoy, the West Virginia Division of Motor Vehicles says a rider must obtain a Hatfield-McCoy Trails User Permit to ride a machine on any Hatfield-McCoy Trail System and must wear a DOT- or SNELL-approved helmet. A permit covers the required trail-system access, not unmarked ground, a private driveway, or another route that is not authorized for riding.

The same distinction applies when a trail ride uses an approved road, highway, or ATV-friendly town. According to the West Virginia Division of Motor Vehicles, riding on Hatfield-McCoy Trails approved roads, highways, or ATV-friendly towns requires a permit, a helmet, and liability insurance. The fact that a trail system has an agreement for access across private land does not waive those requirements.

Nor does an agreement override local restrictions. County commissions and other local governments are permitted to create stricter ATV rules and additional restrictions under West Virginia law, according to the West Virginia Division of Motor Vehicles. A route may be part of a broader network while still being subject to local rules about where machines may operate.

It helps to separate the questions riders often blend together:

• Is there authorized access across this property? The trail authority’s agreements and current route information address that.
• Do I have the required trail permission? Check the permit rules for the trail system.
• Can I ride this road or town route? Follow the applicable road and local restrictions.
• Does my machine meet the rules for this use? Check the requirements for the machine and type of riding.
• Can I leave the marked route? Do not assume so. An agreement for a trail does not establish access to all land around it.

That last point is especially important. A rider who leaves an authorized route may be on land that is not included in the agreement. Even if the trail is close by, the agreement does not automatically extend to adjoining fields, woods, service roads, or private approaches. Stay on marked routes and follow gates, signs, and closures. Staying on Marked Trails in West Virginia and Gates, Signs and Barriers on the Trails cover those on-trail decisions in more detail.

How to check where access applies

Before riding, use current trail information to confirm that the route is open and that the machine is allowed on it. A permit or an old map is not enough to establish that every connection is currently available. Conditions and access arrangements can change, and a temporary closure may affect the route you planned to use.

The WV GIS Technical Center map application lets users zoom to a specific land unit by selecting categories such as National Lands, State Lands, Wildlife Management Areas, Local Lands/Parks, and Motorized Trail Systems. The WV GIS Technical Center at West Virginia University was funded to inventory recreational trails, according to the West Virginia Division of Highways. A map can help orient you to land categories and trail locations, but it should not be treated as personal authorization to ride a route that is closed, unmarked, or outside the managed system.

A practical check before riding looks like this:

1. Confirm the trail system and route. Identify the system you plan to ride and review its current map or status information. See West Virginia Trail Maps and Signage for help interpreting trail information.
2. Check for closures or route changes. Look for current notices from the authority responsible for the trail. Do not rely only on saved routes, older printed maps, or what another rider recalls.
3. Confirm access and local restrictions. A route may cross private land under an agreement, but local governments may impose additional rules. Check for restrictions applying to the area or road you intend to use.
4. Meet the trail’s operating requirements. For Hatfield-McCoy, the West Virginia Division of Motor Vehicles requires a User Permit and a DOT- or SNELL-approved helmet for riding a machine on any system.
5. Stay on the authorized route. Do not use a trail agreement as a reason to explore neighboring land or ride around a barrier.

The distinction between a trail map and an access agreement is useful here. A map helps you understand where a route is shown; an agreement is part of the legal arrangement that allows the authority to build and maintain a trail across private land. A rider generally does not need to review the underlying agreement to follow the route, but should avoid treating a map as proof that unrelated property is open.

When the ride includes roads or ATV-friendly towns, check those requirements separately from the off-road trail rules. The West Virginia Division of Motor Vehicles says ATVs may be ridden on roadways in West Virginia if the operator has completed the Special Purpose Vehicle registration process. The agency also says ATVs may not be operated on a road or highway with a center line or more than two lanes except to cross, and that crossings must be made at a 90-degree angle where no obstruction prevents a quick and safe crossing. A trail agreement does not make an otherwise prohibited roadway ride legal. For the distinct road-use rules, see Riding an ATV on the Road in West Virginia.

Other rules that remain separate from land access

Land access is only one part of a lawful ride. Safety instruction, permits, helmets, insurance, and machine requirements are separate issues. They apply based on the rider, machine, and type of route—not simply on whether a trail crosses land covered by an agreement.

For young operators, the West Virginia Division of Motor Vehicles says no person under the age of 18 may operate an ATV without a certificate of completion of a vehicle rider safety awareness course. The agency also says all ATV operators aged 18 and under must obtain safety instruction to receive an ATV safety card and helmet sticker. The DMV offers a free ATV rider safety awareness course, and ATV safety instructions can also be obtained through WVU Extension Offices. The DMV notes an exception for riding on Hatfield-McCoy Trails when the area is operated by an entity with its own safety program. Check the applicable requirements before riding; a landowner agreement itself does not provide safety-course instruction or a safety card.

For road use, a machine’s registration and equipment status matter as well. Street-legal special purpose vehicles include ATVs and UTVs, among other vehicle types, according to the West Virginia Division of Motor Vehicles. The agency says a street-legal SPV must have a windshield unless the operator wears compliant eye protection, and its tires must have at least 2/32 inches of tread depth. Street-legal SPVs are prohibited from controlled-access highways, including interstate systems, and cannot be driven on roads where prohibited by a county, municipality, or the Division of Natural Resources. These requirements are independent of private-land trail access.

The safest way to think about a trail ride is as several permissions and rules layered together:

• The trail authority needs an access arrangement for any private property used by the route.
• The rider needs the required permit for the managed trail system.
• The rider must follow closures, signs, and marked routes.
• Local rules may add restrictions.
• Separate safety, road-use, and equipment requirements may apply to the operator and machine.

If you are unsure whether a route or connection is authorized, do not infer permission from proximity to a trail or from the presence of tire tracks. Confirm the current route with the trail authority, and choose a marked route that is open to your machine. Checking West Virginia Trail Status Before You Drive and West Virginia Authority That Runs the Trails can help with the next steps.

Frequently Asked Questions

Does a landowner agreement mean the public can ride anywhere on that property?

No. The agreement allows authorities to contract for building and maintaining motorized trails on private property. It does not establish general riding access to every part of the property. Stay on the authorized route.

Does a landowner agreement replace a Hatfield-McCoy permit?

No. According to the West Virginia Division of Motor Vehicles, riding a machine on any Hatfield-McCoy Trail System requires a Hatfield-McCoy Trails User Permit and a DOT- or SNELL-approved helmet.

Can a county or municipality add restrictions?

Yes. County commissions and other local governments are permitted to create stricter ATV rules and additional restrictions under West Virginia law, according to the West Virginia Division of Motor Vehicles. Check the rules that apply where you plan to ride.

Why might a route close even if it was open before?

Trail access depends on managed routes and the arrangements that support them. Access or operating conditions may change, so check current trail status before traveling rather than relying on an older map or a previous visit.

Sources

• WV Division of Motor Vehicles — ATV | WV Division of Motor Vehicles (checked November 3, 2026)
• West Virginia Division of Motor Vehicles — Special Purpose Vehicles | WV Division of Motor Vehicles (checked November 3, 2026)

Disclaimer

This article is for general informational purposes only and does not constitute professional advice. Laws, prices and regulations vary by location and change over time. Consult a qualified professional for guidance on your specific situation.