From The Study Committee appointed by ALT directors July 19, 2011: Theresa Brasco, Lisa Brodlie, Letitia Carter, Peter Oldershaw, David Storrs and Don Hyman, Chairman. (ALT President Princie Falkenhagen and Executive Director David Brant served as non-voting ex-officio members.)
Objective:
Provide analysis on the subject at hand for the ALT Directors to subsequently review, discuss, finalize and approve before sharing with the general public.
Summary of Key Points:
- Since its acquisition by ALT in 1999, Trout Brook Valley acreage, formerly protected and closed off to the public by the water company utility that owned it, has been intersected by a widely publicized 21 mile trail system.
- The growing popularity of TBV has resulted in a high volume of hikers, particularly on weekends, who until very recently could travel most of the trail system with off lead dogs year round.
- While limited data from controlled scientific studies is available proving damage linked to dog visits, preliminary findings and observations suggest the impact of high usage by all user groups may pose threats to flora and fauna in the preserve. Dogs wandering off the trails into open areas are of particular concern.
- Unwanted encounters by dogs with both people and other dogs are also a concern since they deter people who might like to visit Trout Brook Valley from gaining that pleasure. Such incidents also risk spoiling their visit.
- More study is needed to scientifically identify the ecologically fragile areas (biological conservation units or BCUs) of TBV. Such information is essential to rationally guide ALT in managing the trail network and in developing balanced policies consistent with both dual conservation and public recreation/access mandates for all user groups who now enjoy the land, including hikers with dogs.
- Until objective, scientific data is available to guide ALT, interim regulations were adopted by the ALT Board requiring hikers to keep their dogs on seven foot leashes until November 1, 2012, when the results of a conservation study are available and new rules posted.
- Planned education efforts need to be undertaken to help the public understand both the shared responsibility for protecting TBV and the importance of viewing dog walking at TBV as a privilege rather than a right.
- Policy for walking dogs on other ALT preserves is situational. It needs to evaluated, developed and periodically reviewed as local circumstances warrant.
Background on Aspetuck Land Trust and Trout Brook Valley
Founded in 1966, ALT owns and maintains 43 trailed nature preserves on over 1,700 acres of open space in Weston, Easton, Westport and Fairfield. Among these, the 1,009 acre Trout Brook Valley preserve, which includes the contiguous preserves of Crow Hill and Jump Hill, is considered the crown jewel, providing almost 21 miles of trails. The preserve is located at the center of a 10 square mile area of undeveloped land, making it a core landholding in the largest area of continuous forest in Fairfield County. The entire preserve, including 300 acres of State-owned land, is managed under contract with ALT. If Trout Brook Valley had not been acquired and maintained as a preserve, the local water utility that owned it had signed a contract with a developer to build a golf course and 103 luxury homes on the same land.
Today, this contiguous forest area provides important uninterrupted habitat to wildlife. For example, wildlife bird expert Larry Fischer of Newtown, Ct., hawk and raptor expert and consultant to the U.S. Department of Interior, tells us the Trout Brook Valley orchard adjacent to nearly 100 acres of state-owned grasslands is the last great field in southern New England providing foraging and breeding ground for migrating hawks. Additionally, Hawley’s Brook, one of only nine Connecticut wild trout streams qualifying as a Class 1 Wild Trout Management Area, runs through TBV’s valley, according to Ron Merly, President, Trout Unlimited, Nutmeg Chapter. Despite increased access by people to TBV, a 2009 study by the Connecticut Department of Environmental Protection indicates the brook “contains good number of native brook trout.”
Its woods are home to beautiful wildflowers and rare native plants, its trees, marshes and fields provide nesting areas for many varieties of birds, and its environment provides habitat to many native mammals and reptiles.
Aspetuck Land Trust’s Mandates
While ALT’s by-laws do not specify a mission per se, Section 1.7(a) of our By-Laws make clear that ALT shall “… manage conservation easements and other interests in real estate to protect and conserve as open space uplands, inland and tidal wetlands and wetlands …”
Section 1.9 (“Public Access to the Preserves”) additionally states “It shall be the policy of the Corporation to open its preserves to the general public from dawn to dusk for such passive recreational and nature-related activities as hiking, fishing, cross-country skiing, dog walking, bird watching,…” and other activities.
The by-laws say further that the Board may “designate preserves unsuitable for public use because of unsafe conditions, the fragility of eco systems, or other environmental concerns.”
It is the conflict between the preservation and public use objectives that has caused the Trust to appoint a committee to address the issue of dogs in Trout Brook Valley.
Dog Activity in Trout Brook Valley
Hikers and their dogs, whether on-leash or off-leash, have been welcome in Trout Brook Valley (TBV) since it was acquired in 1999 from the regional water utility company. As this preserve has become more popular with both local and out-of-state dog owners, heavier usage has led to a high volume of dog and hiker traffic in the preserve and an increase in reported dog-related problems. Our research shows that to varying degrees, Connecticut state parks, municipalities and other land trusts do not always provide the access and off-leash opportunities which have been available at TBV. The Nature Conservancy, for example, does not permit any dogs, leashed or on-leash, in Devils Den. Elsewhere in the U.S. (Minnesota for example), however, that organization does permit dogs on its land under varying restrictions as local situations warrant.
ALT instituted policies over the past few years to facilitate continuation of the off-leash privilege at TBV while remaining consistent with its focus on environmental conservation and preservation. Posted regulations say dogs must be leashed in parking areas and at Bradley Road until signs indicate they can be released. They must be under control at all times and leashed when horses are approaching on trail. Dog owners are also asked to remove animal waste from trails.
Unfortunately, disregard for these policies by some dog owners combined with a rising but unquantified number of canine visitors has led to some troubling occurrences. These include some reports by TBV Trail Stewards and visitors of alleged dog attacks on other dogs, dog attacks/bites of both adults and children, destruction of wildlife habitat, and most recently the photographically documented death in June of two baby foxes. The foxes were pulled from their den by a dog on property adjacent to TBV.
Interim dog leashing regulations were instituted seven days a week at TBV after the fox incident. Many individuals have written and expressed their views on this policy and members of the study committee have read these positions.
Recognizing both the community relations and land conservation issues in this situation, the Trust’s Board formed a Committee of six Directors all of whom use Trout Brook Valley, to study the issues relating to dogs in the preserve.
Before the 1999 acquisition by ALT, the regional water utility owning the land prohibited both people and their dogs, leashed or unleashed, on its property. It posted the land accordingly. Our preliminary research suggests that in some cases, the animal population in Trout Brook Valley may be reduced since the property has been sold to ALT. Both human and domestic animal intrusion over a 21 mile long ALT designed trail network on land once devoid of such traffic seems to be a major factor. The subject is complex and multi-factorial, however, and more study is needed.
The Impact of Public Recreation
“There is some concern that biodiversity declines as public recreation increases on protected open spaces. Trout Brook Valley may serve as an example,” according to an article in the Spring 2011 issue of “Habitat” by Milan Bull, Senior Director of Conservation and Science for Connecticut Audubon Society.
Additionally, the committee was advised directly by Milan Bull that additional field studies to identify ecologically fragile areas are needed to help develop optimal policies for TBV.
In addition, the Committee consulted with independent wildlife experts and staff from the State of Connecticut Department of Environmental Protection, the Towns of Fairfield, Easton, Weston, and Westport, The Nature Conservancy (local and state personnel), Connecticut Audubon, and Trout Unlimited. The Committee also reviewed numerous studies and publications relating to both plant and animal issues in wildlife environments in the immediate area, in Connecticut, and in other areas.
While opinion is mixed, members of the committee recognize that many dogs visiting are under owners’ control. Dogs that roam the woods and/or intimidate walkers in the preserve have created a problem for the Aspetuck Land Trust’s stewardship of what is intended to be a place of natural beauty and passive recreation. It seems clear from By-Law 1.9 that if the Board can place certain preserves off-limits to the general public, it can place preserves off-limits to dogs or place restrictions on access by dogs.
As mentioned, the committee recognizes that at this time it does not have all the scientific data it needs to be able to recommend fact-based policies that protect significant ecologically fragile areas of TBV. To that end, the committee strongly agrees with and supports the ALT plan to retain appropriate guidance on conducting Biological Conservation Unit studies to identify the most fragile areas of TBV. Connecticut Audubon Society professional scientific staff have offered this service at a reasonable fee. This information is essential for optimally developing future policy and for managing or revising the existing trail network.
After the research is undertaken and completed and studied by the ALT Board, the policy recommendations below will need to be re-evaluated to guide enhanced policies. Public compliance with our regulations will also impact future policy.
Walking dogs on ALT preserves off leash or on leash is a privilege, not a right. We trust that the public will respect our guidelines and rationale and comply thereby indicating a willingness to continue to earn this privilege. If not, the public may face more restrictive measures in the future. In addition, should the situation deteriorate and warrant it, consultation with local law enforcement officials should be considered to determine more effective enforcement options.
To optimize compliance and to prevent burnout among Trail Stewards volunteering in TBV and elsewhere, the committee has worked to develop policy that reflects the following criteria:
- Supports ALT by-laws
- Fact based
- Balanced
- Time/season/location related
- Specific
- Realistic and Practical
- Clear and Simple
Finally, we recommend that the adopted regulations on dogs and leashing along with their rationale be aggressively communicated to members and the general public through all available communication channels online and offline before being posted. It is essential that the public understand the implications of allowing out of control dogs to damage others' experiences in and the environment of TBV.
Members of ALT should be surveyed periodically on their dog walking practices on all ALT preserves so that a database of helpful information can be gathered. In addition, if concerned dog walking ALT members can be identified and engaged, they may be a helpful resource in encouraging regulation compliance.