Walking and Working in Nature: Legal and Practical Tips for Successful Outdoor Events

As the (relative) warmth of spring embraces Maryland, local businesses, land trusts, community associations, and environmental nonprofits gear up for a season of outdoor activities. From stream and woodland walks to cleanups and stewardship visits, these events not only foster a sense of community but also contribute to the preservation and appreciation of our natural landscapes. Before embarking on such adventures, it's crucial to consider several factors to ensure a safe, lawful, and successful event.

Adobe Stock Photo

Legal and Physical Access

Before planning any outdoor event, ensure legal access to the land where the activities will take place. Obtain necessary permits or permissions from relevant authorities or landowners, and be sure to carry them on your person while visiting the property. Verify if there are any restrictions or regulations regarding the activities you plan to conduct. Never enter posted property without express authorization of the owner and acknowledged, actual notice to the owner and any others with rights to possess or enter the property. The notice should clearly state the date and time of your scheduled visit and a list of all participants.  

Additionally, assess the physical accessibility of the location to accommodate vehicles and participants of varying abilities. If vehicles will be on the side of a roadway or another location that may draw the attention of neighbors or law enforcement, consider dash board placards identifying the organization and the date/time of the visit.

Safety Measures

Photo credit: Jennifer Wazenski

Safety should always be a top priority. Conduct a thorough risk assessment of the site to identify potential hazards such as uneven terrain, wildlife or hunting encounters, or poisonous plants. Develop a comprehensive safety plan that includes emergency procedures, first aid provisions, and contact information for local emergency services. Consider how inclement weather might impact event safety and feasibility. And provide participants with clear instructions on how to stay safe during the event, including proper attire, hydration, and protection from sun and insects. 

Privacy Rights and Photography

Respect the privacy rights of individuals who may be present at the event. Obtain consent from participants before taking their photographs or sharing images publicly. Consider implementing a photography policy that outlines guidelines for capturing and sharing images, including options for individuals who prefer not to be photographed. Respect any areas designated as private property and refrain from trespassing or infringing on others' rights.

Notices, Waivers, & Insurance

Sponsoring organizations can mitigate potential liabilities by using notices and waivers to inform participants of risks associated with outdoor activities and to clarify their assumption of those risks. Clearly communicate the terms and conditions of participation, including any waivers of liability, through written agreements or sign-in forms. Waivers will not shield your organization from liability for gross negligence, recklessness, or intentional wrongdoing; nor for certain ultrahazardous activities. But they can help manage its exposure to liability. Consult legal counsel to ensure that these documents are legally sound and adequately protective.

Additionally, its wise to consider your organization's insurance needs. While waivers can provide some protection, insurance coverage is crucial for mitigating risks associated with outdoor events. Review your organization's existing insurance policies to ensure they provide adequate coverage for liability, property damage, and participant injuries. Consider obtaining event-specific insurance or increasing coverage limits to address the unique risks associated with outdoor activities.

Maryland's doctrine of charitable immunity may provide limited protection from certain types of liability for nonprofit organizations. While this doctrine generally shields charitable organizations from liability for negligence in carrying out their charitable purposes, it's not absolute and may not apply in all situations. Therefore, it's prudent to maintain adequate insurance coverage and take proactive measures to minimize risks during your event.

Tips for Success

Communication: Maintain clear and open communication with participants before, during, and after the event. Provide detailed information about the itinerary, meeting points, and any changes or updates.

Volunteer Engagement: Foster a sense of ownership and engagement among volunteers by involving them in the planning process and recognizing their contributions. Encourage feedback to improve future events.

Environmental Stewardship: Emphasize the importance of responsible environmental stewardship during the event. Encourage participants to minimize their impact on the ecosystem by practicing “Leave No Trace” principles and disposing of waste properly.

Community Building: Use nature events as an opportunity to strengthen community ties and foster connections between participants. Encourage networking and collaboration among attendees who share a passion for environmental conservation.

Follow-Up and Reflection: After the event, follow up with participants to express gratitude for their participation and gather feedback for future improvements. Take time to reflect on the successes and challenges of the event and incorporate lessons learned into your planning process.

By considering these factors and following these tips, you can ensure that your spring nature event is not only enjoyable but also safe, lawful, and meaningful. With a little planning, your next field excursion can be a walk in the park!

 --Jennifer Wazenski

Watershed Legal Counsel is a law firm in Annapolis, Maryland. The firm advises nonprofit, for-profit and governmental enterprises and individuals in environmental and natural resources matters, and serves as outside general counsel for mission-driven environmental enterprises. Founder Jennifer Wazenski is a Maryland attorney who has practiced environmental and natural resources law since 1991. When she isn't working, and sometimes when she is, Jennifer loves to walk in nature.

Disclaimer: The information provided at this site is for general purposes only.  It is not, nor is it intended to be, legal advice.

© 2024 Watershed Legal Counsel. All rights reserved. Stock photo used under license from Adobe. Cutleaf toothwort photo, © 2024 Nita Settina, used with permission.