Scotland has some of the world’s most lenient land access laws, which is good news for those of us looking to explore the incredible scenery of the wild expanse of land outside of the bustle of Edinburgh and Glasgow. So what is the Right to Roam in Scotland and how can you be a responsible user?
What is Scotland’s Right to Roam?
The Right to Roam was enshrined in legislation in 2003, and applies to all recreational users over most publicly and privately held land and waterways in Scotland including inlets, lochs, canals, and the foreshore. The general public can use this land for recreational, educational, and even some limited commercial use. This guide will talk you through recreational use.
So what counts as recreational use? Well, hiking, biking, horseback riding and most self-propelled activities fall into this category. Camping falls into this category as well. Nothing involving motorized vehicles like dirt biking is permitted, with exceptions for motorized mobility aids for the disabled. Hunting, shooting, or fishing are also strictly prohibited. Probably most obviously, illegal activities like polluting, dumping, or smuggling are not protected either.
The Right to Roam creates several exceptions as well. You do not have the right to roam in industrial sites such as quarries, in fields where crops are being grown, on school grounds, or on lands developed for particular recreational uses (like football pitches etc). You also have a duty to provide landowners and users reasonable privacy, which includes gardens or on land with any kind of dwelling, caravans, houses, etc. Basically, don’t test your luck.
Public Right of Way
Independently of the Right to Roam you also have the Public Right of Way. This right often applies to the same lands as the Right to Roam but may allow access to some additional spaces.
The Public Right of way gives the public access to routes on private property which connect 2 public places, follows a defined route, and has been openly and peaceably used without challenge for 20 years. Basically walking through a field of crops is a no-no, walking on a road through a field of crops is okay.
Play your Part
As an access user you have legal and informal duties as well. Land that is not used responsibly may be closed to public use to make sure you are following these rules carefully. Anyone looking to exercise their Right to Roam should take a moment to review the sections of the Scottish Outdoor Access Code that apply to them and their activities. This code breaks down the law as well as local customs that might affect how you use the land however I’ve included a quick guide on what is your legal duty as a user as well as some common sense tips to avoid getting into trouble.
Legal Duties
You must behave in a manner that is legal, responsible, and does not interfere with the rights of others.
You may not remove items from the landscape.
Keep animals under control. Dogs in particular who are seen chasing livestock are legally permitted to be shot by farmers. So I recommend always keeping dogs on lead around livestock.
Follow any rules and regulations placing limits on your Right to Roam. Local forest/park management may impose legal limitations on these rights if a good reason is provided.
Common Sense Rules
Leave No Trace is a set of rules to be practiced by outdoor users around the globe to reduce human impact on wild places. Make sure you know the seven principles and follow them when conducting all outdoor activities.
Leave all gates as found or use alternatives to cross fences. You will often find small staircases to help you over fences rather than opening gates.
Follow defined paths when possible.
Camping under the RTR:
Wild camping in Scotland can be practiced with relative freedom. However while it is part of your Right to Roam campers are required to follow the rules as they are set out in the Scottish Outdoor Access Code.
Camp in small groups and move on after 2-3 days.
Avoid setting up tents close to historic landmarks, in enclosed fields, or near buildings.
Do not create open fires, use stoves instead.
Practice leave no trace, especially when it comes to using the toilette. Always carry a trowel since outhouses are rarely present.
Park legally and camp away from roads.
It is also worth noting that popular parks may put limitations on wild camping during peak season to avoid environmental destruction so make sure you research any unique policies before you go.
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