Written Permission From an Owner

Written Permission From an Owner

Getting permission to ride on private land sounds simple until the owner, leaseholder, or land manager is not clearly identified—or the permission turns out not to cover the route you planned to take. Written permission helps prevent misunderstandings, but it does not replace rules for public land, trail permits, or road use. Here’s how to ask, what to record, and what to check before unloading your machine.

What written permission does and does not do

Written permission is a practical record that an owner or authorized land manager has agreed to let you ride in a particular place. It can help clarify the allowed area, dates, machines, and activities, especially when several people share responsibility for the property. A text message or email may be useful evidence of what was agreed, but a clear written document is easier to refer to later.

Do not treat permission as a blanket right to ride anywhere nearby. An owner may approve a particular trail, field, or access road while keeping other areas off limits. Permission to cross property to reach a riding area is not necessarily permission to ride across the whole property. Ask about boundaries, gates, parking, and any routes that are closed.

Permission also does not automatically settle who has authority to grant it. The person who owns the land may not be the person who manages it day to day. A tenant, hunting club, timber company, or other leaseholder may have some access rights, but you should confirm that those rights include ATV or UTV riding before relying on their approval. If the person you contact is unsure, ask them to check with the owner or the organization responsible for the land.

A useful permission note should make the agreement understandable to someone who was not part of the conversation. Include:

  • The name of the person granting permission and how they are connected to the property.
  • The name of the rider or group receiving permission.
  • A description of the approved property or route, using a map or marked boundaries when helpful.
  • The dates or time period covered.
  • The types of machines allowed, and any limits on where or how they may be used.
  • Any conditions about guests, passengers, parking, gates, noise, cleanup, or hunting activity.
  • A way to contact the person granting permission if plans change.

These are practical details, not a universal state form or a claim that every item is legally required. The point is to reduce ambiguity. For related questions about access to leased ground, see Arkansas Rules on Land You Lease. If you are trying to determine whether a particular person can authorize access, Arkansas Landowner Permission Forms may also help you think through what to ask.

Situation What to confirm before riding Why a written record helps
Private property owned by an individual Who is granting access, where riding is allowed, and when Preserves the agreed boundaries and conditions
Property managed by a tenant or club Whether the manager has authority to approve riding Avoids relying on permission that may not cover motorized use
Leased hunting or recreation land Whether the lease allows riding and which routes are open Separates a general invitation from specific access rights
National Forest land Which designated routes are open and whether a trail permit applies Private permission cannot replace federal land rules
A road or public route Whether riding is lawful on that particular route Landowner approval does not make an otherwise unlawful road ride lawful

For broader context on access away from public roads, see Riding on Land You Do Not Own and Arkansas Rules With a Landowner’s Permission.

How to ask and document the agreement

Start by identifying the person with authority to answer. If the property is privately owned, contact the owner or the person the owner has authorized to manage access. If it is leased, ask who controls recreational access under the lease. For land with signs, gates, or posted contact information, follow the instructions there rather than assuming a nearby resident can speak for the property.

Make the request specific. Instead of asking, “Can we ride your land?”, describe the machine, the part of the property you want to use, your intended route, and the planned time. Say whether you will bring other riders, park a truck or trailer, or cross a gate. If you plan to hunt, camp, tow, or bring a passenger, ask about those activities separately. An owner may be comfortable with one use and not another.

A practical process is:

  • Identify the property and the person responsible for granting access.
  • Explain who will ride, what kind of machine will be used, and the route or area you have in mind.
  • Ask about restrictions, including closed areas, gates, other land users, and current conditions.
  • Put the agreed details in a message, email, or signed note.
  • Keep a copy available during the ride and share the conditions with everyone in your group.
  • Contact the owner again if the plan changes or the permission period has passed.

A simple message might say that a named rider has permission to use a described route on specified property during an agreed period, subject to stated conditions. Avoid vague phrases such as “the back forty” or “the usual trail” if the riders may interpret them differently. A marked map can make the permitted area much clearer. If the owner prefers a form, use the owner’s form rather than substituting your own.

Keep the communication respectful and easy to verify. Save the message or print a copy; a waterproof document pouch, including one available through Amazon, can keep a paper copy with your riding gear. Carrying proof is a practical precaution, not a guarantee that every land manager or officer will consider the document sufficient.

Permission can be withdrawn or limited. If the owner closes a route, asks riders to leave, or changes the conditions, stop and clarify rather than treating an earlier message as permanent access. Be especially careful where a property is shared with hunters, livestock, logging, farm work, or other visitors. A permission note does not make it safe to ride through an active work area or around a closed gate.

If permission is given verbally, you can politely send a follow-up message summarizing what you understood and ask the owner to correct anything that is wrong. This gives both sides a chance to resolve confusion before a ride. For concerns about access without approval, see Arkansas Trespass Law for Riders.

Private permission is different from public-land access

A landowner’s permission applies to the land and activities that person is authorized to approve. It does not automatically authorize riding on a neighboring property, a public road, a national forest trail, or land managed by another agency. Before heading out, identify who controls the route—not just who owns the nearest parcel.

On National Forest land, use the rules of the forest and the designated route system. The USDA Forest Service says nonresidents generally do not need separate Arkansas OHV registration or a state trail permit to operate on federal public lands such as Arkansas’s U.S. National Forests, provided they stay on designated routes. That does not mean every trail is open or that there are no site-specific requirements. The USDA Forest Service says designated motorized trails in the Ouachita National Forest, including Wolf Pen Gap, are typically open from the first Friday of March through October 31, with additional holiday periods from three days before Thanksgiving through two days after, and December 22 through January 2. Confirm current openings and route restrictions before traveling.

Some trail systems have their own access requirements. The USDA Forest Service says specific trails in the Ozark-St. Francis National Forests, including Mill Creek and Moccasin Gap, require a day-use fee or permit. General riding on designated routes may not require a special OHV permit, but that does not eliminate fees or requirements for a specific trail system. See Arkansas OHV Permits: Two Forests, Two Prices and Arkansas AGFC WMA Rules for Riders when comparing different kinds of public land.

The Buffalo National River is a separate case: the National Park Service oversees regulations within its boundaries. Do not assume that a private landowner’s permission allows a ride in an area managed by the National Park Service. Check the rules for the exact location and stay within the routes and activities that the managing agency allows.

State-managed wildlife areas can have their own restrictions as well. A landowner’s note cannot override an agency’s closure, vehicle restriction, or access rule. If a route passes from private property onto public land, confirm the rules for both parts of the trip before riding. Arkansas WMA Access for a Quad covers the distinction between access and permission on wildlife management areas.

Permission does not make every ride lawful or safe

A private owner can grant access to private land, but that does not change Arkansas’s rules for public streets and highways. According to the Arkansas General Assembly, ATV operation on public streets and highways is generally unlawful, with specific exceptions such as certain farming or hunting uses and direct road crossings. Permission from a property owner does not create a general right to ride along a paved state highway. Check the rules for any road segment rather than assuming that a trail connection is allowed.

Rules can also differ by machine and location. The Arkansas Department of Finance and Administration defines an Arkansas UTV or side-by-side as no more than 80 inches wide. That definition does not establish that a UTV can use every trail or cross every gate. Check the trail manager’s width limits and restrictions before bringing a wider machine. For trail planning, Arkansas ATV Trails With Width Limits can help identify why machine dimensions matter.

Equipment requirements remain in force even when a private owner has invited you onto the property. The USDA Forest Service requires internal-combustion off-highway vehicles in the National Forest System to have a properly installed and maintained spark arrester. Arkansas law also prohibits operating an ATV with a modified exhaust or a removed or modified spark arrester, and some public wildlife management areas enforce “Factory Exhaust Only” rules, according to the Arkansas State Legislature. A landowner’s approval cannot waive those requirements.

Age and supervision rules are another reason to check the location. According to the Arkansas General Assembly, an individual must be at least 12 years old to operate an ATV without adult supervision under Arkansas state law. For federal public lands such as Arkansas National Forests, the USDA Forest Service says operators must be at least 16 years old to ride without constant adult supervision. Permission from a landowner does not replace either rule where it applies.

Before the ride, match your permission document to the actual plan. Confirm that the person granting access is authorized, the route is within the described area, the dates and conditions still apply, and no public-land or road segment introduces separate requirements. If something is unclear, pause and ask instead of treating silence as approval. Good documentation makes a ride easier to plan, but respecting the limits of the permission is what keeps access workable for the next visit.

Sources

Disclaimer

This article is for general informational purposes only and does not constitute professional advice. Laws, prices and regulations vary by location and change over time. Consult a qualified professional for guidance on your specific situation.

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