Rights of way maintenance

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The duty to maintain the Public Rights of Way network is shared between Wiltshire Council as the Highway Authority and the landowners/occupiers of the land over which the path exists.

Wiltshire Council responsibilities:

• making sure that Public Rights of Way are free from obstructions;
• clearance of vegetation growing from the surface of the path;
• signposting rights of way where they leave a road and waymarking the route where appropriate;
• maintaining bridges over natural watercourses; and
• to provide a minimum of 25% contribution towards any costs incurred by a landowner in maintaining stiles and gates on public rights of way.

Landowner/ Occupier responsibilities:

• maintain stiles, gates and other boundary crossings;
• obtain consent from the highway authority before erecting new stiles or gates on public rights of way;
• cut back encroaching hedges or overhanging vegetation that is growing from their land;
• keep paths clear of obstructions, such as padlocked gates, electric fences etc;
• make sure that no misleading signs are placed near rights of way that might deter people from using the path;
• cross field footpaths and bridleways (but not byways) can be ploughed where it not cannot reasonably be avoided as long as there are reinstated within two weeks of ploughing;
• cross field paths must be keep clear of crops to a minimum width of:

• footpath - 1 metre across field and 1.5 metres field edge;
• bridleway - 2 metres across field and 3 metres field edge; or
• other rights of way - 3 metres across field and 5 metres field edge.

Livestock and Rights of Way:

It is an offence to allow any bull over 10 months old to be on its own and at large in a field crossed by a public right of way. It is also an offence to keep a bull of a recognised dairy breed (even if accompanied by cows/heifers) on land crossed by a public right of way.

Bulls which are less than 10 months old or of a recognised beef breed and at large with cows/heifers are exceptions to this rule.

How is Rights of Way maintenance work organised?

The Rights of Way section plans and implements regular maintenance schedules. These include annual growth clearance programmes and a parish by parish maintenance programme.

In addition, defects reported by the public are prioritised and addressed in this order:

1. The issue represents an immediate danger to the user
2. An obstruction that prevents or inhibits use of the path
3. Not so severe that it would warrant attention prior to the parish being visited on the parish maintenance programme.

Maintenance work is carried out by Rights of Way officers, landowners / occupiers or in partnership with external contractors, Parish and Town Councils, the Probation Service and volunteer groups.

Volunteer contribution:

The Rights of Way section works in close partnership with a variety of volunteer groups throughout Wiltshire.

Regular tasks are carried out with local parish volunteers or with organisations such as the Ramblers Association and Cotswold Wardens, who help us to install gates, replace bridges and clear vegetation.

Their work and dedication help to make valuable improvements to the Rights of Way network.

To find out more about volunteering opportunities please contact rightsofway@wiltshire.gov.uk

Other volunteering opportunities relating to countryside access can be found at:

• Ramblers - Salisbury and South Wiltshire
• The Cotswolds Area of Oustanding Natural Beauty (AONB) - Cotswold voluntary wardens
• Countryside volunteering

Obstructions and Enforcement:

Most landowners carry out their responsibilities without contact or action from the Council. However, where landowners fail to comply with their statutory duties the Council is required to resolve the matter. This is normally achieved through co-operation, although if necessary, the Council will serve legal notice, take direct action to clear an obstruction at the landowner’s expense or seek prosecution.

Temporary Closures:

Occasionally it may be necessary to legally close a right of way or to request voluntary restraint for a limited period of time in the interests of public safety or to allow works on or adjacent to a right of way to be carried out.

Rights of way must not be closed or in anyway restricted without the Council's prior consent.

Traffic Regulation Orders:

Traffic Regulation Orders (TRO) may be used to prohibit certain kinds of traffic from rights of way which is considered unsuitable or inappropriate, e.g. prohibiting motor vehicle use from a Byway Open to All Traffic to prevent damage to the surface of a particular route.

This can be done with a permanent TRO, a temporary TRO on a seasonal or all-year-round basis until effective repairs have been made, or by means of voluntary restraint.

• View current closures to rights of way

Reporting a problem with a right of way:

You can report a problem on the rights of way network using our online reporting form

The location information we require is a grid reference if possible, if you do not know this then the nearest village or town; street or road name. If the fault is along a public right of way then you could provide the starting point of the path and approximate distance along the path where the fault is, with any identifying features.

Last updated: 13 October 2011