Regulations relating to the use of motor vehicles on uncultivated land and in ice-covered watercourses

The translation is not official; it is provided for information purposes only. In the event of any inconsistency, the Norwegian version shall prevail.

This transaltion is based on the norwegian version of 19th of June 2021. Later amendments are not translated.

§ 1.

Motor vehicles may only be used on uncultivated land and ice-covered watercourses (as defined in article 2 of the Act) when such use is in accordance with these regulations.

Care and consideration shall be shown during all motor traffic on uncultivated land and ice-covered watercourses to avoid damage or inconvenience to the natural environment and people.

§ 2.

When the ground is not snow-covered, motor vehicles may be used off road as follows:

1. for the purposes mentioned in article 4, first paragraph, of the Act relating to motor traffic on uncultivated land and in watercourses,
2. for transport of carcasses during the hunting season for moose and red deer, and for transport during the reindeer hunting season within the Hardangervidda wild reindeer area as defined by the Norwegian Environment Agency. Motor traffic inside the national park is only permitted in accordance with the conservation rules for the area; outside the national park it is only permitted for essential transport along tracks that have previously been prescribed by the Directorate for State Forests and Land for state-owned property and by the municipality or landowner for private property,
3. for public control and inspection services,
4. for essential transport in connection with official fish stock enhancement measures,
5. for essential traffic in connection with the construction and operation of public roads and other installations.

When possible, motor traffic shall follow already existing tracks.

The county governor may restrict or prohibit motor traffic in particularly vulnerable areas, with the exception of traffic for the purposes mentioned in article 4, first paragraph, of the Act relating to motor traffic on uncultivated land and in watercourses. The county governor may delegate this authority to the municipality.

The county governor may on application or on his own initiative make administrative decisions as to whether the purpose of motor traffic comes within the scope of the first paragraph above. The county governor's decision may be appealed to the Directorate for Nature Management.

§ 2a.

Electric bicycles may be used in areas of uncultivated land. Electric bicycles refer to bicycles that are equipped with electric motors with a maximum nominal effect of at most 0, 25kW which is gradually reduced in relation to increased speed and which ceases to operation at 25 km per hour or earlier if the cyclist ceases to peddle. The bicycle motor should only achieve a maximum speed of 6 km per hour without peddling.

The municipality may issue regulations to limit or prohibit use of electric bicycles in the entirety or parts of areas of uncultivated land.

§ 3.

When the ground is snow-covered, motor vehicles may be used as follows:

1. for purposes referred to in article 4, first paragraph, of the Act relating to motor traffic on uncultivated land and in watercourses,
2. for other purposes as referred to in article 2 of these regulations,
3. for transport necessary for the operation of tourist facilities (facilities providing accommodation and meals, ski lifts, etc.) which are not situated beside roads for motor traffic that are cleared of snow in winter,
4. for transport of material, equipment and labour for construction projects in accordance with building licences,
5. for construction and preparation of ski trails and ski slopes for the general public and for competitions, when carried out by municipalities, voluntary rescue organizations, sports clubs, walking and skiing associations or enterprises in the tourist industry,
6. for essential transport in connection with scientific investigations, including animal censuses and the like, commissioned by a research institution,
7. for essential transport of firewood from one's own property to a permanent residence, and according to instructions from the forestry administration in Finnmark.
8. for practical driver training in designated areas for required training for snowmobiles drivers. The designated areas are determined by the Country governor based on proposals from municipalities.
9. for transport in connection with municipality organised emergency measures to reduce risk of road or rail collisions with elk og other deer.
10. for necessary search for injured large wildlife other than in connection with ordinary hunting when carried out under auspices of the municipality.

The municipality may lay down provisions relating to motor traffic as referred to in litra b-g, including provisions relating to areas, routes, length of season, times of day, equipment, etc.

The provisions of article 2, third and fourth paragraph, apply correspondingly.

§ 4.

(Repealed)

§ 4a.

Snowmobiles may be used on snow covered ground on trails laid in accordance with the provision below, within the framework provided by the municipality's regulations, as per the second paragraph.

The municipality can adopt regulations about snowmobile trails for use by snowmobiles on snow cover. Trails shall be adopted in maps for that purpose. Trails shall be identified in the map of the municipality's plan for land use. The municipality shall issue regulations on the use of the trails, including speed and times for use. The regulations may determine user fees to cover costs for maintenance of the trails. In Finnmark and Nord-Troms counties (municipalities Kvænangen, Kåfjord, Lyngen, Nordreisa, Skjervøy and Storfjord), the municipality may permit driving out of the trials on frozen water to rest in the regulations. The municipality shall ensure marking of and information about the trails. Motor traffic in the snowmobile trails is not permitted from 5 May. In areas central for calving and migration of reindeer, the trails shall be closed in the Spring from 25 April. Article 9, excluding the first sentence of the first paragraph, apply correspondingly.

Public Administration Act, chapter VII applies for the municipal preparation and adoption of the trail map and provisions on snowmobile trails with the specific rules which follow from this paragraph. A proposal for snowmobile trails with provisions about use shall be put on public hearing as described in the Planning and Building Act, Articles 11 – 14. The municipal resolution shall address how opinions received from interested parties to the proposal and consequences of the snowmobile trails with regulatory provisions have been considered, and which significance these have been accorded, in addition to the evaluation of the municipal, cf. the fifth paragraph of this article. The decision by the municipality shall be notified in accordance with the provisions of the Planning and Building Act, Article 12-12 fourth and fifth paragraph.

The trails shall not be in conservation areas, proposed conservation areas or national reindeer areas. The trails shall not contribute to significant damage or inconvenience for reindeer husbandry or require changes to the terrain.

When identifying trails, the municipality shall take particular account of noise and other negative impacts for outdoor recreation. The municipality shall also take account of biological diversity, housing and cottage areas, cultural heritage and safety for the snowmobile drivers and others.

Before sending the proposal for trails on a public hearing, the municipality shall investigate the impact the trails will have for outdoor recreation and biological diversity in the affected area, as well as map and evaluate areas for outdoor recreation where the trails are planned and consider the significance of these areas in relation to other areas for outdoor recreation within the municipality. 

The municipality may not adopt decisions for snowmobile trails in private property before the owner given consent.

Decisions by the municipality on snowmobile trails can be appealed to the country governor. The Public Administration Act, chapter VI, applies, such that only landowners and right holders to properties can appeal a decision in the area affected by the trail; the Sami parliament and affected reindeer pasture districts; organisations whose interests are affected by the snowmobile trails, neighbouring municipalities and affected national and regional organs.

The municipality shall report data about the adopted snowmobile trails in accordance with this provision to the Norwegian Environment Agency's national database for snowmobile trails. The Norwegian Environment Agency may adopt the provisions for reporting.  

§ 4b.

The Norwegian Environment Agency may in up to six municipalities, authorise the municipality to determine in regulations trails for passenger transport with heavier belt vehicles on snow cover to starting points for alpine skiing (snowcat skiing) as a trial for up to six years. The trials cannot be extended. The trails must be based on existing alpine facilities.

The municipality shall determine trails in a map and give regulations on the use of the trails. The trails shall be included in the municipality's plan for land use. Article 9, excluding the first sentence of the first paragraph, apply correspondingly.

Article 4a third to eight paragraphs apply correspondingly for determination of trails for snowcat skiing.

§ 5.

On written application, the municipality may grant permits for the use of snowmobiles as follows:

1. to permanent residents who for commercial purposes wish to undertake
   • transport between a road for motor traffic and a cabin,
   • supervision of a private cabin on behalf of the owner,
   • transport for the mass media for purposes of reportage,
   • transport of disabled persons,
   • transport of firewood,
   • transport in accordance with an exemption pursuant to article 6 of these regulations,
2. to disabled persons,
3. to owners of cabins for transport of luggage and equipment between a road for motor traffic and a cabin which is not situated linked to a snow- cleared road for motor traffic,
4. for motor traffic in connection with commercial activities on uncultivated land for permanent residents,
5. for the transport of firewood other than that authorized by article 3, first paragraph, litra g of these regulations.
6. group trips on snow covered land for residents of health and care institutions, members of pensioners' associations or the disabled with mobility impairments. The trip must be under the auspices of health- or care institutions or non-profit organisations. Permission may only be given for transport to particular destinations and along routes further identified for that purpose should the municipality so decide.

The municipality shall, in respect of litra c, map or in another clear way indicate which routes shall be used.

§ 5a.

Upon application, the municipality may permit the use of motor vehicles for transport of materials and equipment in connection with commercial activities on uncultivated land. Commercial activities on uncultivated land include maintenance of rental cottages, commercial harvesting of nature products, tourist and travel activities, mineral prospecting and investigation of mineral resources among others, provided that the business is registered in the Business Register.

The initial permit may be granted for up to two years. If the business can document a combined turnover which makes the business seeking the permit is liable to pay Value Added Tax, then the permit may be extended for four year periods.

Permits in respect of the first paragraph granted for land that is not snow-covered may only be granted for transport along tractor tracks, while in Finnmark country permits may also be granted for well-established routes over not-snow-covered land.  

Driving on snow-covered land in accordance with the first paragraph shall take place along routes further identified for that purpose where the municipality so decides.

§ 5b.

Upon application the municipality may permit use of snowmobiles on winter cover for excursions and inspection of wolverine live traps permitted by the country governor in accordance with Article 31 first paragraph litra a of the Regulations 22 March 2002 no. 313 regarding hunting, killing and capture practices. Upon application, the municipality may permit the use of snowmobiles on winter cover for excursions for bait and bait stands in connection with killing wolverines. Driving in accordance with the first and second sentences shall be on specific routes which are described in the municipality’s decision. The number of permitted trips in accordance with the second sentence shall be limited and stated in the permit. License holders shall keep a record which can be shown to inspectors on request.

§ 6.

In exceptional cases, the municipality may on written application grant permits for motor traffic other than that set out in articles 2, 3, 4 and 5 if the applicant shows a special need not related to leisure activities and that cannot be met in any other way. Before a permit is granted, the need for transport shall be evaluated against any possible damage and inconvenience in relation to the goal of reducing motor traffic to a minimum.

§ 7.

Conditions may be attached to permits pursuant to articles 5, 5a, 5b and 6, for instance that motor traffic shall follow specified routes. The permit may be given for a limited period of time.

The permit shall be in writing and shall be carried during transport. It shall be produced at the request of the police or a enforcement and inspection service.

A decision of the municipality pursuant to articles 5, 5a, 5b and 6 may be appealed to the county governor.

The municipality shall submit reports of cases pursuant to articles 5, 5a, 5b and 6. The Ministry of Climate and Environment decides the reporting requirements. The reporting duty may be extended to also include other isssues concerning  motor traffic.

§ 8.

In Finnmark and northern Troms (the municipalities Kvænangen, Kåfjord, Lyngen, Nordreisa, Skjervøy og Storfjord), motor traffic pursuant to these regulations is not permitted between 5 May and 30 June, both dates inclusive. The county governor may decide that the prohibition shall apply between other dates in the whole municipality or in particular areas, if this is considered necessary in the interests of reindeer husbandry or wildlife management, or other interests that come within the scope of the Act relating to motor traffic on uncultivated land and in watercourses.

The county governor may make exemptions from the prohibition in special cases on receiving an application with grounds from a municipality or an individual. Applications from individuals shall be addressed to the municipality, and the individual decision of the county governor may be appealed to the Norwegian Environment Agency.

The prohibition does not apply to motor traffic that is permitted pursuant to article 4, first paragraph, of the Act relating to motor traffic on uncultivated land and in watercourses.

§ 9.

These regulations enter into force on 15 May 1988, but such that snowmobile traffic is permitted pursuant to the rules previously in force until the end of the snowmobile season 1987-1988.

On the same date as the regulations enter into force, municipal regulations for the use of motor vehicles and the Ministry's regulations of 10 December 1985 No. 2177 relating to a prohibition against the use of snowmobiles in springtime in Finnmark are repealed.