Sustainable Farming Scheme: regulatory baseline: statutory public access (includes public rights of way and open access land) (SMR 14) (2026)

The aim of these requirements is to ensure compliance with the legislation relating to Public Rights of Way (PRoW) and open access land. 

Public rights of way include:

• footpaths
• bridleways
• restricted byways
• byways open to all traffic

The responsibility for public rights of way lies with the landowner and the local highway authority. 

The Countryside Code: advice for land managers (on Natural Resources Wales) should be used alongside this document.

You must ensure the following legal requirements are met:

• PRoWs must not be obstructed (either permanently or temporarily) and must remain open, accessible and free to use.  Overhanging trees, and vegetation growing from the sides of PRoW, must be prevented
• structures such as gates and stiles, or other similar structures must be maintained in accordance with the Highways Act 1980. Local Authorities or National Park Authorities may undertake maintenance work on structures; however, this is undertaken on the landowner’s behalf
• PRoWs must be reinstated after ploughing
• access must be allowed on foot across  all land identified as open access land on the maps prepared under the Countryside and Rights of Way (CRoW) Act, 2000 (on legislation.gov.uk) (unless legally closed) available at:
  • open access: open country (on DataMapWales)
  • open access: other statutory access land (on DataMapWales)
  • open access: registered common land (on DataMapWales)
  • open access: other dedicated land (on DataMapWales)
     
• your local authority or National Park Authority should be contacted via email or telephone if there are any issues concerning the PRoW on land under annual declaration or grant award with Welsh Government. You are encouraged to keep records of contact made with one or both authorities
• your SFS map, available via your RPW Online account, will show the location of known PRoWs on your land for information. Legal records and definitive maps of all PRoWs are held by your local authority

• check all PRoW are open, accessible and free to use and access is permitted on foot on all land identified as open access land

• check maps and location of Public Rights of Ways and open access land on your farm, ensuring they are maintained and clear of obstructions, cut back overgrown vegetation from gates, paths, bridges and stiles – this includes clearing overhead vegetation
• local authorities or National Park Authorities should be contacted if there are any issues concerning the Public Rights of Way on your land, this includes signage. We encourage you to keep records of contact with these authorities 

For further information or to report an obstruction, poor maintenance or a misleading sign on a right of way please contact your local authority or National Park Authority.

For enquiries about open access land, dedicating land for public access or restricting access on open access land, please contact your local authority or National Park Authority

See Sustainable Farming Scheme: regulatory baseline: useful contacts (2026).