Case Against Marin Water’s Bicycle “Pilot Programs” Settled

By David Long, CNPS Marin Chapter Board Member

Figure 9. One of a series of steps on Pumpkin Ridge Trail
Photo by David Long

In September 2024, CNPS, Marin Conservation League (MCL), and Marin Audubon Society brought an action against the Marin Municipal Water District (MMWD, aka Marin Water) for approving, without CEQA* review, two pilot projects that would have dramatically expanded bicycle and e-bike access to the Mt. Tamalpais watershed, including use of singletrack trails. Marin Water had styled these recreational expansions as “pilot programs” and claimed they were exempt from CEQA review. Subsequent to our suit, the Marin Superior Court issued a Temporary Restraining Order and a Preliminary Injunction against these pilot programs based on inadequate CEQA review. Recently, Marin Water and plaintiffs have agreed to settle the case, and the terms of the settlement were adopted by the Marin Water board at its May 6, 2025 meeting.

Under the terms of the settlement, Marin Water rescinded the resolution approving a Trail Share Pilot Program, which authorized nonmotorized bicycles on nine singletrack trails for two years. This pilot program had the potential for significant impact on sensitive native plant species and habitats. Because of these impacts most of the evidence we submitted in opposition to the pilot projects was directed at this Trail Share Pilot Program. Under the settlement, Marin Water cannot reinstate the Trail Share Pilot Program without CEQA review, including public engagement.

Also under the settlement, Marin Water has rescinded the resolution authorizing the E-bike Class I Pilot Program and has adopted a Revised E-Bike Pilot Program. The original E-Bike Pilot Program authorized e-bikes to ride anywhere that conventional bikes could go including fire roads and the nine singletrack trails of the Trail Share Pilot Program.

The Revised E-Bike Pilot Program limits Class I (pedal assisted) e-bikes to fire roads. During this two-year pilot program, Marin Water will monitor the volume of bicycle use on the watershed at eight major access points. The District will also monitor for invasive plants along the fire roads on which e-bikes can ride. A significant potential environmental impact of the Revised E-Bike Pilot Program is to bats from the high-pitched sound emitted by the electric motors of e-bikes. Other studies have shown that high-pitched sounds can disturb bat roosts. Marin Water has agreed to fund and conduct a study to examine the impact of e-bikes on bats.

Another potential impact of increased bicycle use is greater use of existing and the creation of additional social trails. Under the settlement, Marin Water will monitor and document the use and creation of social trails and share this information with the plaintiffs.

Marin Water will also establish an improved method of incident reporting at trailhead kiosks. Incidents might include creation and use of social trails, right-of-way conflicts, illegal e-bike use on trails, and excessive speed. In addition, Marin Water will provide information to the plaintiffs throughout the pilot program about the protection of the watershed’s natural resources.

We are pleased that Marin Water has agreed to work with CNPS, MCL, Marin Audubon Society, to address the environmental impacts of new e-bike access to its watershed fire roads.

* The California Environmental Quality Act (CEQA) generally requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce those environmental impacts to the extent feasible.