Dog walkers and the law

Your Responsibilities

Dogs are generally regarded as a ‘usual accompaniment’ of a walker; therefore they are entitled to taken onto a right of way but are confined to the line of the path. If a dog is allowed to run off the path, trespass is committed against the holder of the land– look at information on way-marking and following Rights of Way.

All countryside users should follow the countryside code. Remember that many paths cross private farmland, and often there will be sheep or cattle in the fields. You are responsible both for your dog’s welfare and its behaviour. You could face a fine or imprisonment if your dog causes damage, and it is a criminal offence for a dog to worry livestock on any agricultural land.

Walkers now have a right to walk on 'open access land', but dogs are restricted at certain times - see the 'open access land and dogs' section below.

What if there’s a problem?

For sites, contact the site managers with any problems.

The Countryside Service is responsible for ensuring that public rights of way in Hampshire are kept in good condition for public use. This work includes the maintenance of surfaces and structures such as bridges and boardwalks. The service liases with landowners who are responsible for stiles and ensuring that paths across fields are clear of crops and other obstructions. If you would like to report a problem, please contact the County Council information centres tel 0800 028 0888 or use the comments form.

The future of access to the countryside:

The Countryside and Rights of Way Act 2000 is the culmination of much lobbying and campaigning by interest groups over several decades, and makes some important steps towards providing better, and more, access.

The Act requires every highway authority (county and unitary councils) and National Park Authority to set up a ‘Local Access Forum’; this is the site of the Hampshire Countryside Access Forum, which is the local access forum for Hampshire, Portsmouth and Southampton. The aim of the forum is to provide guidance and contribute towards improving opportunities to enjoy Hampshire’s countryside and coast.

Improvements to access
The Act also requires every county/unitary authority to produce 'Rights of Way Improvement Plans' (ROWIPs); Hampshire's Countryside Service was chosen to provide national pilot ROWIPs in two areas (the Forest of Bere and the Forest of Eversley) and we advised in detail on these. As a result, we advised on a process for producing plans for the remaining areas across the county, which was subsequently adopted by the County Council.  Progress on these plans is shown on the Hampshire County Council web-site.

Actions from the plans will be specific improvements targeted to meet particular needs, for example:

• ensuring safe, well-connected and useful routes for all users
• providing new links between areas and circuits of differing length and character
• targeted incentives for land managers to provide appropriate countryside access
• supporting rural businesses through promotion of facilities for countryside users
• replacing stiles with structures that are easier to use for the elderly and those with pushchairs, or removing structures altogether where they are unnecessary
• providing extra facilities for horse-riders and cyclists

Open Access Land & Dogs
The so-called ‘Right to Roam’ has now been realised through the right of access on foot to ‘Open Country’ (mountain, moor, heath and down, plus registered commons).  Check the Open Access web-site for areas near you and any restrictions to access.  There are a number of restrictions near buildings and on MOD land, for example, so that not all the land identified will be open to walkers. It is estimated that 4 million acres will be opened up across the country, including large tracts of northern England. In the Hampshire area, the land identified is heath, downland and registered common land, and the large majority of this is open to the public on a permissive basis already, so it follows that the new access rights in Hampshire will not have a major impact. We advised Hampshire County Council on its approach to Open Access Land, which has now been adopted as described in this report.

Under the Countryside and Rights of Way Act 2000, you have the right to walk dogs on access land, but between 1 March and 31 July, or at any other time near livestock, dogs are only permitted if they are on a fixed lead of no more than 2 metres long. This is designed to reduce as far as possible any disturbance to livestock or ground-nesting birds during the main breeding season. There may also be local restrictions on dogs, particularly on grouse moors or enclosed lambing areas. Look out for signs, and if you are unsure, keep your dog on the lead. Restrictions under the CROW Act will not affect any existing rights or permissions to walk dogs either on or off the lead and they will not apply to other access land or public rights of way.

Management of protected areas
Finally, the Act also encourages better management of the countryside, through a requirement for AONBs to create management plans and through promoting good practice in conservation.