Could the South Carolina Forestry Commission bar bicycles from forest roads open to cars and pedestrians?

Plain-English summary

In 2011, the South Carolina Attorney General said the Forestry Commission could not bar otherwise lawful bicycle use on certain Manchester State Forest roads where automobiles and pedestrians were permitted, absent another reason under state law or its regulations. The opinion read the bicycle statute as granting riders on a roadway the rights and duties of vehicle drivers. The forestry land regulation quoted in the opinion addressed motor-driven vehicles and general land rules, but did not mention bicycles.

The AG predicted that a court would harmonize the forestry and bicycle provisions rather than read the existing regulation as a bicycle ban. It added that if the provisions conflicted, the more specific bicycle statutes would likely control. Its conclusion was tied to roads open to cars and pedestrians and allowed for other grounds in law or regulation; it did not decide bicycle access to every forest trail.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later
AG opinions may have changed the analysis. Treat this page as historical context, not current
legal advice. Verify current law before relying on any specific rule, deadline, or remedy
mentioned here.

Common questions

Could the commission use its quoted land regulation to ban bicycles from these roads? A: The AG said no on the facts presented. The regulation did not address bicycle activity, and the described roads allowed cars and pedestrians.

Did the AG give bicyclists the same duties as vehicle drivers on a roadway? A: It quoted § 56-5-3420 as granting bicyclists roadway rights while imposing the duties applicable to drivers.

Did the opinion open every Manchester State Forest road or trail to bicycles? A: No. The conclusion addressed certain roads where cars and pedestrians were permitted and acknowledged that some other reason under law or forestry regulation might matter.

Background and statutory framework

The question arose at Manchester State Forest in Sumter County. The AG compared Title 56's bicycle provisions with the Forestry Commission's authority to regulate state forests and Regulation 55-1, which set general land rules and restrictions for motor-driven conveyances but did not mention bicycles.

Citations and references

The opinion discusses S.C. Code §§56-5-3410 and 56-5-3420, §48-23-200, and Forestry Commission Regulation 55-1.

Official title

Concerning state forest roads at Manchester State Forest in Sumter County. Specifically, asking “whether the Forestry Commission can limit use of certain roads within Manchester State Forest to bicyclists or whether they are prohibited pursuant to Title 56, Article 27 pursuant to their regulations.”

Requester

The Honorable Murrell Smith, SC House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-1-2011/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/smith-m-os-9216-4-1-11-state-forest-roads-Manchester-State-Forest.pdf

Original opinion text

A.LAN W ll..SON
ATrORNEYGENERAL

April 1, 2011

The Honorable Murrell Smith
SC House of Representatives
District No. 67
PO Box 580
Sumter, SC 29151
Dear Representative Smith:
We received your letter requesting an opinion of this Office concerning state forest roads at Manchester State Forest in Sumter County. You asked ''whether the Forestry Commission can limit use of certain roads within Manchester State Forest to bicyclists or whether they are prohibited pursuant to Title 56, Article 27 pursuant to their regulations." This opinion will address whether bicyclists may access roads maintained on Manchester State Forest in the same manner that they may access roads maintained by the South Carolina Department of Transportation or local government. Law/Analysis

Generally, a bicyclist riding upon a roadway "must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle ..." S.C. Code§ 56-5-3420. Regulations for bicyclists are set forth in Title 56, Chapter 5, Article 27. Such regulations are applicable "whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles." S.C. Code§ 56-5-3410. S.C. Code § 56-5-430 defines the boundaries of a roadway, street or highway as follows: The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel is a "street'' or "highway." S.C. Code § 56-5-430.

"If a statute's language is plain, unambiguous, and conveys a clear meaning, then the rules of statutory interpretation are not needed and a court has no right to impose another meaning. The words must be given their plain and ordinary meaning without resorting to subtle or forced

REMBBRr c. DENNIS Bun.DING • POST OFFICE Box 11549 • COLUMBIA, SC 292ll-1549 • TELEPHONE 803-734-3970 •

FACSlMILB 803-253-6283

The Honorable Murrell Smith
Page2
April 1, 2011
construction which limit or expand the statute's operation." Strickland v. Strickland, 375 S.C. 76, 88-89, 650 S.E2d 465, 472 (2007). The statutes above are clear that a bicyclist has all of the rights and duties as the driver of a vehicle when riding upon a roadway. Title 48, Chapter 23 created the State Commission of Forestry, establishing that members of the commission should "be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom." S.C. Code§ 48-23-10. The State Commission of Forestry "may make such rules and regulations as it deems advisable for the protection, preservation, operation and maintenance, and for the most beneficial service to the general public, of the State forests in this State." S.C. Code § 48-23-200. Such regulations for South Carolina Forestry Com.mission Lands can be found in S.C. Code of Regulations R. 55-1:

1. Entry onto South Carolina Forestry Commission lands is done wholly and completely
   at the risk of the individual. The State of South Carolina nor the South Carolina Forestry Commission accepts any responsibility for acts, omissions or activities or conditions on these lands which cause or may cause personal injury or property damage.

2. All persons must obey all special rules and regulations for South Carolina
   Forestry Commission lands including those found in hunting schedules, maps, brochures, permits, any oral/written instructions issued by South Carolina Forestry Commission personnel or those instructions posted on South Carolina Forestry Commission lands.

3. On South Carolina Forestry Commission lands, no motor driven land conveyances
   shall be operated on any road or trail, other than a public road, except by permit or special authorization, unless otherwise specified. Roads or trails which are closed by barricades and/or signs either permanently or temporarily, are off limits to motor driven land conveyances.

4. Motor driven land conveyances shall be operated in a safe manner while on South
   Carolina Forestry Commission lands.
   ·

5. Entry onto South Carolina Forestry Commission lands constitutes consent to an
   inspection and search of the person, game bag, or creel and any vehicle, trailer, conveyance or container. S.C. Code of Regulations R 55-1 (emphasis added). Neither bicycles nor bicyclists are mentioned under Regulation 55-1. Since the general regulations on South Carolina Forestry Com.mission Lands fail to address bicycle activity, it is

The Honorable Murrell Smith
Page 3
April 1, 2011
the opinion of this Office that a court would likely find that the Forestry Commission cannot prevent otherwise lawful bicycle activity. A court would likely find that the forestry statutes and regulations can be harmonized with the bicyclist statutes because the forestry regulations do not address bicycle activity. However, "[t]he general rule is that the more recent and specific legislation controls if there is a conflict between two statutes." Ops. S.C. Attv. Gen., December 6, 2010; February 14, 2006; June 11, 1985; April 6, 1993. See, Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000); Unisys Coro. v. South Carolina Budget and Control Bd. Div. of General Services Information Technology Management Office, 346 S.C. 158, 167, 551 S.E.2d 263, 268 (2001). S.C. Code§ 48-23-10 et seq. and S.C. Code of Regulations R. 55-1 address "Forestry Generally" and the State Commission of Forestry while S.C. Code § 56-5-3410 et seq. specifically addressed the rights and duties of bicyclists. Therefore, it is the opinion of this Office that a court would likely find that the specific bicycle statutes found in S.C. Code § 56-5-3410 et seq. would control if a conflict was found.

Conclusion
While, according to S.C. Code of Regulations R. 55-1 (2), "[a]ll persons must obey all special rules and regulations for South Carolina Forestry Commission lands including . .. any oral/written instructions issued by South Carolina Forestry Commission personnel or those instructions posted on South Carolina Forestry Commission lands," the Forestry Commission must act within the confines of the S.C. Code of Laws. S.C. Code§ 56-5-3420 is clear that a bicyclist riding upon a roadway "must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle .. . ."Therefore, without other reasons provided for under S.C. Code of Regulations R. 55-1 or within the S.C. Code of Laws, the Forestry Commission cannot limit the use of certain roads to bicyclists where automobiles and pedestrians are permitted. Sincerely,

cX~~
Leigha Blackwell
Assistant Attorney General

D AND APPROVED BY:

obert D. Cook
Deputy Attorney General