The Pennsylvania Recreational Use of Land and Water Act: Balancing Public Outdoor Access and Landowner Liability

Pennsylvania is home to beautiful natural spaces like mountains, forests, parks, lakes,

rivers, and streams. It benefits the public to have access to these large and open

spaces for recreational activities like hiking, boating, and hunting.

But the owners of these spaces should be protected from liability. The Pennsylvania Recreational Use of Land and Water Act balances these two important public interests. Understanding this Act will give outdoor enthusiasts and landowners an understanding of their rights and liabilities in case of an accident.

What Is the Pennsylvania Recreational Use of Land and Water Act?

In 1966, Pennsylvania adopted the Recreational Use of Land and Water Act (RULWA).

This Act helps to preserve Pennsylvanians’ access to natural areas like forests,

meadows, rivers, lakes, and streams by encouraging their owners to make the areas

accessible to the public for recreational purposes. When landowners do so without a

charge, their legal responsibilities to keep the land safe are reduced¹.

For example, if a hiker or kayaker uses your land recreationally, you may be shielded

from responsibility if they get hurt on the property. Of course, there are exceptions to

this general rule.

What Types of Recreational Activities Are Covered?

Under RULWA, “Recreational purposes” cover many activities done for “exercise, sport, education, recreation, relaxation or pleasure”.

These include but are not limited to:

• Hiking and nature study

• Hunting and fishing

• Boating and swimming

• Snowmobiling, ATV, and motorcycle riding

• Picnicking and camping

• Water skiing and other water sports

• Exploring caves or scenic, historical, and archaeological sites²

What areas of Land and Water are Protected by the Act?

Not every piece of land that is used in some way for recreation is protected³. That would

be too broad of a reading of the Act. So what is protected?

Pennsylvania courts have held that Recreational Use of Land and Water Act immunity

applies to open land that remains in a mostly natural (undeveloped) state, whether the

property is located in rural, suburban or urban areas⁴. Think large open areas of natural

land and water like the woods in the Allegheny National Forest.

Examples include:

• Forests and open fields

• Rivers and lakes

• Trails and natural parks

Hybrid Properties

But improved or developed areas of the land are treated differently. When land has

been improved in such manner as to require regular maintenance for it to be used and

enjoyed safely, the Act’s protections may not apply⁵ .

An example of this could be bleachers located in a municipality's public sports facility⁶ or a giant slide in a county park⁷. In this way, recreational land could be considered “hybrid” - some areas of the land can protected by the Act (i.e., the undeveloped park area) while some areas are not (i.e., the bleachers or the slide).

What are the Responsibilities of the Landowners?

When land is made open to the public, the landowner is generally under no duty to keep the land safe or warn recreational users of a dangerous conditions⁸. (Remember, this is for owners of open recreational land who don't charge a fee for access. Stores, homeowners, industrial sites, and other types land owners have different duties.)

This includes dangerous conditions of the land itself and extends to:

• Trails and access roads

• water and watercourses

• private ways, buildings, structures, and amenities

• Fishing piers, docks, boating access, and launch ramps

• paths, paved and unpaved trails

• hunting blinds and machinery or equipment when attached to the realty, parking, access ramps, and piers⁹

This protects private landowners as well as land of the Commonwealth, counties, local

municipalities, and even the federal government.

This is derived from the need to limit owner liability derives from the impracticality of

keeping large tracts of largely undeveloped land safe for public use.

What are the Exceptions to RULWA Protection?

There are two main exceptions when landowners may be held responsible for injury or

damage suffered by recreational users of their land:

There are two main exceptions where a landowner can be held liable:

1. Willful or Malicious Failure to Warn First, where the is a willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity¹⁰. In short, if a landowner knows of a hidden danger and intentionally fails to warn or protect visitors, they can be held liable. Willfulness under Pennsylvania law means (1) actual knowledge of a danger (2) that is not obvious to those entering the premises¹¹.

2. Charging a Fee for Access

Second, for injury suffered in any case where the owner of land charges the recreational user or users who enter or go on the land¹². Basically, If you charge for recreational use, RULWA protection does not apply. A charge includes an entrance fee, membership, or activity-specific fees, but does not include voluntary donations or contributions to maintain the land¹³.

Why RULWA Matters: Encouraging Outdoor Recreation and Protecting Property Owners

Pennsylvania's Recreational Use of Land and Water Act strikes a careful balance between public access to nature and protection of landowners' rights. It offers legal protections to landowners, who generously allow public enjoyment of natural spaces free of charge.

When someone is injured on the land, the owner may be shielded from responsibility.

But, the Act’s protections are not absolute. A careful analysis of the facts needs to be

performed in case of injury on recreational property. If the owner charges a fee to use

the land, has improved areas on the property, or knew about the danger and

disregarded it then they may be responsible when an injury occurs.

Whether you're a landowner considering opening your land for recreational use, or an outdoor enthusiast enjoying Pennsylvania’s natural beauty, understanding the rights and responsibilities under RULWA is essential.

If you or a loved one have been injured on recreational property, it is essential to consult

with an experienced attorney who can help you understand your rights.

*The information on this page is for informational purposes only and should not be relied on for legal advice. The information relayed on this page does not create an attorney-client relationship. You should consult with an attorney about your individual case for legal advice.

SOURCES:

1. 68 P.S. §477-1

2. 68 P.S. §477.2

3. See Murtha v. Joyce, 875 A.2d 1154 (Pa. Super 2005).

4. Id. at 1158.

5. Murtha v. Joyce, 875 A.2d 1154 , 1158.

6. See Brown v. Tunkhannock Twp., 665 A.2d 1318 (Pa. Commw.Ct. 1995).

7. See Bashioum v. County of Westmoreland, 747 A.2d 441 (Pa.Commw.Ct. 1999).

8. 68 P.S. §477.3-477.4

9. 68 P.S. §477.2

10. 68 P.S. §477.6 (1)

11. Demolick v. United States, 2023 U.S. App. LEXIS 12307, *8.

12. 68 P.S. §477-6 (2)

13. 68 P.S. §477-2.