ZIV position:
Free right of access to forests
9 January 2025
Cycling is one of the most popular recreational activities in Germany. Around 80 percent of households own one or more bicycles that they use regularly and over 16 million people in Germany enjoy mountain biking. That makes cycling in nature more popular than the nation’s favourite sport, football.
Cycling is one of the most popular recreational activities in Germany. Around 80 percent of households own one or more bicycles that they use regularly and over 16 million people in Germany enjoy mountain biking. That makes cycling in nature more popular than the nation’s favourite sport, football.
Cycling in nature is popular
Forests have a special significance for people and yield important benefits for the common good. They serve a variety of purposes for the climate, too, as sources of raw materials, habitats for plants and animals, and places of recreation. More than 62 million people in Germany use forests for recreation, primarily for walking or cycling. Of the 77 percent of people in Germany who ride a bike, 16 million say they use a mountain bike. 4.1 million of these even do so frequently. Whether in everyday life or while on holiday, cycling provides local recreation on pathways in nature, an adrenaline rush at trail centres and bike parks, and a remedy for the population’s ever-growing physical inactivity.
Cycling also has countless facets as an economic factor. Particularly cycling and mountain biking in nature bring all of these advantages together. Forests and nature are enticing a growing number of people to go cycling during their leisure time. At the same time, such recreation in forests fosters a respectful interaction with nature and raises awareness of the need to conserve this valuable ecosystem. Thus, recreation in nature goes hand in hand with forest conservation. University studies such as the youth report on nature (Jugendreport Natur) show positive correlation between personal experiences of nature and people’s understanding and support for conservation of the forest ecosystem.
Cycling also has countless facets as an economic factor. Particularly cycling and mountain biking in nature bring all of these advantages together. Forests and nature are enticing a growing number of people to go cycling during their leisure time. At the same time, such recreation in forests fosters a respectful interaction with nature and raises awareness of the need to conserve this valuable ecosystem. Thus, recreation in nature goes hand in hand with forest conservation. University studies such as the youth report on nature (Jugendreport Natur) show positive correlation between personal experiences of nature and people’s understanding and support for conservation of the forest ecosystem.
Federal forest act
The right of access to forests is regulated in the German federal forest act (Bundeswaldgesetz, BWaldG).
The current BWaldG dates from 1975, making it almost 50 years old. The purpose of the act is to conserve forests due to their economic benefits (productive function) and importance for the environment (in particular with regard to maintaining the performance and function of the natural balance, climate, water balance, cleansing of air pollutants, soil fertility, landscape features, agriculture and infrastructure, and recreational function for people (functions relating to both protection and recreation)) to enlarge the forest area as necessary, and to ensure its sustainable and ordered management so as to promote the forestry sector and reconcile public interests and the concerns of forest owners. [1]
Modernisation of this law is seen as necessary in order to adapt the legal framework for the conservation, sustainable management and development of forests to major challenges such as the climate crisis. In Germany, forest policy aims to protect the many diverse functions and benefits of the forest as well as its ordered management in the long term. [2]
Cycling and mountain biking are allowed on roads and pathways in German forests. This principle is regulated under in the section on the right of access in the federal forest act (BWaldG). The right to enter the open landscape on roads and pathways and on unused land areas for purposes of recreation is also regulated in §59(1) of the German federal nature conservation act (Bundesnaturschutzgesetz, BNatSchG) as a general and directly applicable principle.
The federal forest act (BWaldG) is what is known as a framework law, whereby it defines the framework and principles that apply on the national level, allowing for flexible implementation. This then allows for regional adaptations and detailed regulations in the forest legislation of each individual federal state in Germany, which are not possible standalone laws such as the German road traffic act (Straßenverkehrsgesetz, StVG).
The current BWaldG dates from 1975, making it almost 50 years old. The purpose of the act is to conserve forests due to their economic benefits (productive function) and importance for the environment (in particular with regard to maintaining the performance and function of the natural balance, climate, water balance, cleansing of air pollutants, soil fertility, landscape features, agriculture and infrastructure, and recreational function for people (functions relating to both protection and recreation)) to enlarge the forest area as necessary, and to ensure its sustainable and ordered management so as to promote the forestry sector and reconcile public interests and the concerns of forest owners. [1]
Modernisation of this law is seen as necessary in order to adapt the legal framework for the conservation, sustainable management and development of forests to major challenges such as the climate crisis. In Germany, forest policy aims to protect the many diverse functions and benefits of the forest as well as its ordered management in the long term. [2]
Cycling and mountain biking are allowed on roads and pathways in German forests. This principle is regulated under in the section on the right of access in the federal forest act (BWaldG). The right to enter the open landscape on roads and pathways and on unused land areas for purposes of recreation is also regulated in §59(1) of the German federal nature conservation act (Bundesnaturschutzgesetz, BNatSchG) as a general and directly applicable principle.
The federal forest act (BWaldG) is what is known as a framework law, whereby it defines the framework and principles that apply on the national level, allowing for flexible implementation. This then allows for regional adaptations and detailed regulations in the forest legislation of each individual federal state in Germany, which are not possible standalone laws such as the German road traffic act (Straßenverkehrsgesetz, StVG).
State forest laws
The forest laws (Landeswaldgesetz, LWaldG) of each of the 16 federal states substantiates and complements the provisions of the federal forest act (BWaldG). They may stipulate stricter rules or take additional aspects into consideration, for example. The state forest laws and state nature conservation acts (Landesnaturschutzgesetz, LNatSchG) also allow cycling on pathways and roads. Some federal states stipulate particular restrictions though – a two-metre rule applies in Baden-Württemberg, for instance. An overview of the legal regulations in each federal state is provided below. The full texts of for the state laws are available online.
Baden-Württemberg
Cycling is only permitted on pathways that are more than two metres wide.
Bremen
The use of non-motorised bicycles and electric mobility vehicles is permitted on roads and pathways in forests insofar as they are suitable for this.
Bayern
Cycling is only permitted on roads and suitable pathways.
Berlin
With the exception of where it has explicitly been prohibited by the Berlin forest authorities and on waterside promenades, cyclists are able to use all roads and pathways in forests.
Hessen
Cycling is permitted on surfaced and naturally hardened routes in forests.
Thuringia
Cycling is permitted on suitable surfaced and unsurfaced pathways and roads where forestry measures are not in place.
Hamburg
The use of (non-motorised) bicycles and electric mobility vehicles and horseriding is only permitted on pathways and roads in forests.
Lower Saxony
The use of non-motorised bicycles and electric mobility vehicles is permitted on »genuinely public paths”. These are private roads and pathways that are used for public traffic with the consent or tolerance of the landowner or other authorized persons. These include hiking trails, cycle paths, carriageways (§2(2)), bridle paths, and recreational trails (§ 37).
Rheinland-Palatinate
Cycling is only permitted in forests on roads and pathways.
Mecklenburg-West Pomerania
The use of non-motorised bicycles and e-bikes with a maximum speed of 25 km/h is only permitted on pathways and private roads in forests at one’s own risk.
Saxony
Cycling is only permitted on roads and pathways.
North Rhine-Westphalia
Cycling is permitted on roads and surfaced pathways.
Saxony-Anhalt
With the exception of the cases detailed in paragraph 3, the use of bicycles, mobility vehicles and other non-motorised vehicles is only permitted on pathways in the open countryside.
Saarland
Cycling […] in forests is only permitted on pathways and roads.
Schleswig-Holstein
The use of (non-motorised) bicycles and electric mobility vehicles and horseriding are only permitted in forests on roads and pathways.
Brandenburg
Cycling is permitted on pathways.
Baden-Württemberg
Cycling is only permitted on pathways that are more than two metres wide.
Bremen
The use of non-motorised bicycles and electric mobility vehicles is permitted on roads and pathways in forests insofar as they are suitable for this.
Bayern
Cycling is only permitted on roads and suitable pathways.
Berlin
With the exception of where it has explicitly been prohibited by the Berlin forest authorities and on waterside promenades, cyclists are able to use all roads and pathways in forests.
Hessen
Cycling is permitted on surfaced and naturally hardened routes in forests.
Thuringia
Cycling is permitted on suitable surfaced and unsurfaced pathways and roads where forestry measures are not in place.
Hamburg
The use of (non-motorised) bicycles and electric mobility vehicles and horseriding is only permitted on pathways and roads in forests.
Lower Saxony
The use of non-motorised bicycles and electric mobility vehicles is permitted on »genuinely public paths”. These are private roads and pathways that are used for public traffic with the consent or tolerance of the landowner or other authorized persons. These include hiking trails, cycle paths, carriageways (§2(2)), bridle paths, and recreational trails (§ 37).
Rheinland-Palatinate
Cycling is only permitted in forests on roads and pathways.
Mecklenburg-West Pomerania
The use of non-motorised bicycles and e-bikes with a maximum speed of 25 km/h is only permitted on pathways and private roads in forests at one’s own risk.
Saxony
Cycling is only permitted on roads and pathways.
North Rhine-Westphalia
Cycling is permitted on roads and surfaced pathways.
Saxony-Anhalt
With the exception of the cases detailed in paragraph 3, the use of bicycles, mobility vehicles and other non-motorised vehicles is only permitted on pathways in the open countryside.
Saarland
Cycling […] in forests is only permitted on pathways and roads.
Schleswig-Holstein
The use of (non-motorised) bicycles and electric mobility vehicles and horseriding are only permitted in forests on roads and pathways.
Brandenburg
Cycling is permitted on pathways.
Social benefits of cycling
In Germany, there is a centuries-old connection with the forest that persists to this day. Studies show that exercising in nature has tangibly positive effects on people’s mental well-being. In general, integrating nature into one’s everyday life is an effective means of keeping one’s body and mind in good health. Countless experts have found that people are particularly able to find themselves while in a forest. Hikers, cyclists and mountain bikers all purposefully seek out nature and forests.
Cycling in forests allows us to experience nature from a unique perspective, but also reminds us of the importance of interacting with this valuable resource respectfully and with restraint. To improve this shared understanding and cooperation between different recreational users, associations have organised campaigns, which focus on mutual respect and simple rules for users that should be equally self-explanatory to all. [3]
Cycling in forests allows us to experience nature from a unique perspective, but also reminds us of the importance of interacting with this valuable resource respectfully and with restraint. To improve this shared understanding and cooperation between different recreational users, associations have organised campaigns, which focus on mutual respect and simple rules for users that should be equally self-explanatory to all. [3]
Promoting health and preventing sickness
Health experts have for years pointed out the increasing levels of physical inactivity among society and its effects. In Germany, the facts are alarming. In its 2022 Global Status Report on Physical Activity, the World Health Organisation (WHO) reports dramatic figures for Germany, whereby it ranks even worse than average compared to other rich wealthy countries: 44 percent of women and 40 percent of men over 18 years old need to exercise more. The situation in Germany is also dramatic among 11- to 17-year-olds:
88 percent of girls and 80 percent of boys do not get enough exercise.
The WHO reports that the Covid-19 pandemic has further exacerbated the levels of physical inactivity. It urges its members states to do more to promote exercise – more cycling and walking, for example – as the social and economic effects (among these, medical costs and work absences) are devastating. The WHO recommends exercising five times per week for 30 minutes in order to counteract the effects of physical inactivity.
There is a close link between physical inactivity and severe deficits in motor skill development, which in turn leads to visible coordination deficits. The sharp increase in the number of children failing their cycling proficiency test in year four is alarming. In many towns and cities, the failure rate has more than doubled in recent years. In Hamburg, 28 percent of children now fail, while in Bremen, it is up to 40 percent at some schools.
The main cause is deficits in motor skills. Protected areas and pathways away from the road provide ideal conditions for teaching motor skills and learning how to ride a bicycle safely and sustainably. Forest areas with different terrains, obstacles and inclines are particularly suited to this. Here, children and people of all ages can playfully discover through play the fun of exercising in nature, and also as well as learn to safely control their bicycles in all situations.
The mental health benefits of sufficient exercise should not be overlooked either. Exercise makes us both physically and psychologically strong. It increases the blood supply to the brain, improving performance. In addition, different chemicals are released that, which among others things have a positive effect on the regulation of our sleep/wake cycles and our emotions. At the same time, the levels of stress hormones such as cortisol and adrenaline are reduced. Studies show that regular physical activity combats depression, anxiety disorders and even dementia, while improving feelings of self-worth, self-confidence and self-efficacy.
88 percent of girls and 80 percent of boys do not get enough exercise.
The WHO reports that the Covid-19 pandemic has further exacerbated the levels of physical inactivity. It urges its members states to do more to promote exercise – more cycling and walking, for example – as the social and economic effects (among these, medical costs and work absences) are devastating. The WHO recommends exercising five times per week for 30 minutes in order to counteract the effects of physical inactivity.
There is a close link between physical inactivity and severe deficits in motor skill development, which in turn leads to visible coordination deficits. The sharp increase in the number of children failing their cycling proficiency test in year four is alarming. In many towns and cities, the failure rate has more than doubled in recent years. In Hamburg, 28 percent of children now fail, while in Bremen, it is up to 40 percent at some schools.
The main cause is deficits in motor skills. Protected areas and pathways away from the road provide ideal conditions for teaching motor skills and learning how to ride a bicycle safely and sustainably. Forest areas with different terrains, obstacles and inclines are particularly suited to this. Here, children and people of all ages can playfully discover through play the fun of exercising in nature, and also as well as learn to safely control their bicycles in all situations.
The mental health benefits of sufficient exercise should not be overlooked either. Exercise makes us both physically and psychologically strong. It increases the blood supply to the brain, improving performance. In addition, different chemicals are released that, which among others things have a positive effect on the regulation of our sleep/wake cycles and our emotions. At the same time, the levels of stress hormones such as cortisol and adrenaline are reduced. Studies show that regular physical activity combats depression, anxiety disorders and even dementia, while improving feelings of self-worth, self-confidence and self-efficacy.
Cycle tourism as a game changer
Cycling while on holiday, which often takes place in natural surrounds, has been shown to effectively inspire people to use their bike more in their everyday lives, too.According to the German cyclists’ association (Allgemeiner Deutscher Fahrrad-Club, ADFC), cycle tourism contributes around 12 percent of the total valued added in the German tourism industry, with a gross turnover of €12 billion.
Many regions facing increasingly challenging snow conditions are also turning to cycling and mountain biking as year-round activities. Despite regional challenges, an increase in overnight stays and tourism turnover has been achieved in the Fichtel Mountains, for instance, through the development of sustainable and diverse recreational offers.
This tourism development strengthens the regional economy and contibutes to the value added, which in turn also benefits the populations of economically underdeveloped regions. At the same time, the introduction of e-bikes has made cycling more accessible in low mountain regions and motivated more people to cycle who previously were unable to do so due to the local topography. Bicycles are today used for everything from leisurely tours on cycle paths to mountain biking using an e-bike.
Low mountain regions are often underestimated as places for living, economic prosperity and culture – but also for tourism. And this although more people choose to holiday in low mountain ranges in Germany every year than they do in France, Spain and Italy combined, generating around 120 million overnight stays, according to the association of low mountain ranges in Germany (Bundesverband Deutsche Mittelgebirge). Around 40 percent of all overnight stays in Germany outside of urban tourism are in low mountain ranges – more than twice as many as at the North Sea and Baltic Sea combined (19 percent) and four times as many as in the Alps (9 percent).
When it comes to the German federal forest act (Bundeswaldgesetz, BWaldG), regions at an altitude of 300 to 1500 metres play a special role, as they have the highest proportions of forest in the country. However, low mountain ranges are also facing huge challenges. Climate change and its effects are making a rethink and transformation of the tourist activities offered necessary. According to climate experts, the prospects are particularly bad for lucrative ski tourism in low mountain ranges in Germany in the medium term – and that despite energy-intensive high-tech artificial snow machines.
Experts therefore repeatedly emphasise the need to transform the low mountain ranges and to offer new tourist activities to supplement or replace ski tourism. Tourists themselves are open to alternative activities. The combination of hiking and cycling or mountain biking is especially popular. However, the reorientation and transformation of the tourism industry can only succeed if the forests remain open and accessible to everyone.
Many regions facing increasingly challenging snow conditions are also turning to cycling and mountain biking as year-round activities. Despite regional challenges, an increase in overnight stays and tourism turnover has been achieved in the Fichtel Mountains, for instance, through the development of sustainable and diverse recreational offers.
This tourism development strengthens the regional economy and contibutes to the value added, which in turn also benefits the populations of economically underdeveloped regions. At the same time, the introduction of e-bikes has made cycling more accessible in low mountain regions and motivated more people to cycle who previously were unable to do so due to the local topography. Bicycles are today used for everything from leisurely tours on cycle paths to mountain biking using an e-bike.
Low mountain regions are often underestimated as places for living, economic prosperity and culture – but also for tourism. And this although more people choose to holiday in low mountain ranges in Germany every year than they do in France, Spain and Italy combined, generating around 120 million overnight stays, according to the association of low mountain ranges in Germany (Bundesverband Deutsche Mittelgebirge). Around 40 percent of all overnight stays in Germany outside of urban tourism are in low mountain ranges – more than twice as many as at the North Sea and Baltic Sea combined (19 percent) and four times as many as in the Alps (9 percent).
When it comes to the German federal forest act (Bundeswaldgesetz, BWaldG), regions at an altitude of 300 to 1500 metres play a special role, as they have the highest proportions of forest in the country. However, low mountain ranges are also facing huge challenges. Climate change and its effects are making a rethink and transformation of the tourist activities offered necessary. According to climate experts, the prospects are particularly bad for lucrative ski tourism in low mountain ranges in Germany in the medium term – and that despite energy-intensive high-tech artificial snow machines.
Experts therefore repeatedly emphasise the need to transform the low mountain ranges and to offer new tourist activities to supplement or replace ski tourism. Tourists themselves are open to alternative activities. The combination of hiking and cycling or mountain biking is especially popular. However, the reorientation and transformation of the tourism industry can only succeed if the forests remain open and accessible to everyone.
ZIV position
Recreation is an independent benefit of the ecosystem and should be recognised in the German federal forest act (BWaldG) as a separate protected asset that must be conserved and protected along with forests and their other benefits. Due to the relevance of recreation to the common good and the preservation of the physical and mental health of people of all ages, the equal importance of recreation compared to other forest functions should continue to be taken into account in future revisions of federal and state forest laws. This includes the free right of access for cyclists on roads and pathways in the German federal forest act (BWaldG) and harmonisation of the different regulations in the state forest acts. The heterogeneity of the legal situation in the federal states means that many cyclists do not know the regulations, meaning that the legal certainty is jeopardised and this does not lead to a better understanding of the regulations or a greater acceptance of the use of roads and pathways. For many regions and districts, including economically underdeveloped and rural ones, cycling is an important economic factor. Its social benefits should be promoted within the legal framework. At the same time, we advocate for nature-friendly cycling and mountain biking on roads and pathways and support campaigns to raise awareness of good cooperation and understanding in forests.
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Document created | 09.01.25