Accessing Public Lands under grazing dispositions

The following discusses the responsibilities of both the Agricultural Leaseholder and the User in relation to accessing leases for recreational use. It contains numerous live links to various websites where information is
available.

This information was compiled using resources made available in electronic format by the Government of Alberta. The Okotoks and District Fish and Game Association thanks the Government of Alberta for making this information readily available.

The first section deals with Leaseholder responsibilities. The following section deals with User responsibilities. This serves as a discussion document and guide. Official resources should always be consulted. As always, check
regularly for updates.

Agricultural Leaseholder Responsibilities

1) Keep Contact Info current.

Recreational users are required to contact the leaseholder prior to accessing an agricultural lease.

To ensure recreational users are able to contact leaseholders to discuss access before arriving at the land, leaseholders can:

keep contact information and recreational access conditions current for use on the Recreational Access Internet Mapping Tool
specify the best time to contact them – for example, evenings only – as long as recreational users have a reasonable chance to reach the leaseholder.

Recreational users should plan a trip well in advance and expect that it could take a few days for the leaseholder to respond to the inquiry. However, recreational users should hear something within a week of their first call. It is
the leaseholder’s responsibility to provide up-to-date contact information. If they do not, the province will apply a “no contact required” condition.

** information on the Recreational Access Internet Mapping tool is at the discretion of the leaseholder. Information supplied on the mapping tool supports recreational users in identifying and contacting leaseholders.

2) Allow reasonable recreational access.

Leaseholders have a duty to allow reasonable access to the land for recreational purposes.

To learn more, review the Agricultural Leaseholders and Recreation fact sheet.

The Recreational Access Regulation outlines reasonable access by giving the leaseholder the ability to limit access when:

their livestock are present in the field
their crop has not yet been harvested
the recreational user wishes to discharge a firearm or use explosives near livestock
the recreational user wishes to hunt unreasonably close to a fenced pasture with livestock present
the recreational users are not on foot
the recreational user wishes to camp
a fire ban is in effect
the proposed use is disallowed by a recreational management plan or a
condition set by the government

Access conditions and restrictions

Leaseholders may add conditions, such as specific times when they might allow motorized vehicle access or when to contact them. Alternatively, leaseholders can specify that they do not want to be contacted prior to a visit.

If a leaseholder wants to place other conditions on access, the province will review these conditions to ensure consistency with what is allowed under the legislation.

Leaseholders cannot decide limits on the number of people who come on the land, but they can discuss the concern with a local settlement officer – and a recreational management plan or user limit may then be put in place by the department. To learn more, contact the rangeland agrologist at your local Lands office.

Both completed recreational management plans and user limits set by a local settlement officer will be included with the contact information on the Recreational Access Internet Mapping Tool.

3) Limiting Access to recreational users

If access to a recreational user is limited, you should explain the reason. There are considerable repercussions for not following the Recreational Access Regulation as a leaseholder, as it can result in:

shortened tenure
compliance action
cancellation of the lease

However, steps will first be taken to provide information to leaseholders and recreational users to encourage respect and co-operation. Recreational users who contravene the legislation can receive a ticket for up to $500.

While leaseholders can limit access when livestock are on the lease, they may choose to provide access when livestock are present. It is at their discretion.

Only provincial or municipal fire bans can determine if the fire risk is too high to allow access.

4) Dispute Resolution

Both leaseholders and recreational users are encouraged to show respect for each other and the land. If there is a disagreement between the leaseholder and the recreational user, either party may contact the rangeland agrologist at
the local Lands office.

The agrologist will then discuss the concern with both the leaseholder and the recreational user to find a solution. Often this type of communication and/or mediation can help to resolve the majority of issues. If an informal resolution cannot be reached, a formal dispute resolution process is available to both parties through a local settlement officer.

Agricultural Public Land User Responsibilities

1) Determine if the public land you want to visit is public or privately owned.

Detailed maps, leaseholder contact information and access conditions are available for agricultural public land with the Recreational Access Internet Mapping Tool.

For information on how to use the mapping tool, consult the Recreational Access Internet Mapping Tool Instruction Guide
For assistance, call 310-LAND (5263).
*Leaseholder information can also be obtained through the iHunter app

If you are accessing private land, the landowner can deny access for any reason.

If you are visiting agricultural public land, the Recreational Access Regulation applies.

2) Contact the leaseholder before accessing the lease.

You should plan your trip well in advance, and expect that it could take a few days to receive a response from the leaseholder regarding access to the lease. A response should be received from the leaseholder within a week of
initial contact. Please also check the recreational access internet mapping tool to see if there are details regarding summer-time draw dates for fall season access.

Proper contact allows the leaseholder to:

limit access to portions or the whole lease as per the Recreational Access Regulation
provide additional information about the land, such as sensitive areas, hazards or livestock that you need to avoid

Recreational users are required to give the leaseholder the following information:

type of recreational activity proposed
time and location the activity will occur on the land
number of people in the group
contact name and method of contact
other related information that is requested, such as the names of all recreational users and licence plate numbers of vehicles used to transport people to the land

Keep a record of your contact calls to demonstrate that proper procedure has been followed to discuss access with the leaseholder.

If the recreational user does not contact the leaseholder first or comply with the conditions of use, this is a contravention of the Recreational Access Regulation, and a violation ticket of up to $500 can be issued to the recreational user.

Not all agricultural dispositions need contact prior to access

Grazing licences, as opposed to grazing leases, are shorter term tenure commonly found in forested areas. Head tax permits, grazing permits, hay permits, and cultivation permits are dispositions issued annually.

These dispositions require that basic conditions must be followed by recreational users – but contact is not required. Some licences and permits have specific conditions placed on them by a local settlement officer for management reasons. The basic conditions and local settlement officer conditions are available through the Recreational Access Internet Mapping Tool.

3) Alternate Contact (if necessary).

Recreational users cannot access a grazing lease without proper contact with a leaseholder. If a recreational user has tried several times and is unable to have a conversation with the leaseholder, the user may reach out to the local agrologist at Land Management – Contacts.

4) Dispute Resolution (if necessary)

The agrologist will then discuss the concern with both the leaseholder and the recreational user to find a solution. Often this type of communication and/or mediation can help to resolve the majority of issues. If an informal resolution
cannot be reached, a formal dispute resolution process is available to both parties through a local settlement officer.

When accessing the lease, recreational users must:

pack out all litter
park vehicles so the approach to the land is clear
refrain from lighting fires without consent
leave gates in the same state in which they were found (for example, left closed if it was found closed)
not cause any damage to the lease land or the property of the agricultural leaseholder
follow the current regulations and all of the rules under the Wildlife Act if they are hunting or fishing

Recreational users who contravene the Recreational Access Regulation can receive a ticket for up to $500.

2023 Accessing Agricultural Lease Information Download