BRIEF HISTORY OF MMWD AND E-BIKES

2011

MMWD includes “motorized bicycles” in definition of “motor vehicles” barred from operating on district lands.  (Ord. 422 §7, 2011).  The origins of this change are unknown, but it probably did not pertain to e-bikes which were not in existence at that time.

2015

State of California classifies Class 1 and 2 e-bikes as “bicycles,” not “vehicles,” with equal access as other bicycles, unless local jurisdictions pass ordinance prohibiting use on specific roads/trails. (AB 1096, codified as Section 21207.5 of the California Vehicle Code). 

MMWD does not pass any such ordinance. Its 2011 ordinance refers only to “motorized bicycles” and does not include the new and different category created by AB 1096, “electric bicycles.”

2018

With increasing use of e-bikes, MMWD staff improperly threatens enforcement of its 2011 ban on motorized bicycles despite the lack of any ordinance banning e-bicycles.

2019

MMWD forms Community Advisory Committee on E-bikes to “develop reasonable and actionable recommendations to guide next steps relating to Ebike access. Where possible, the CAC will develop consensus-based recommendations to staff to present to the MMWD Board of Directors to aid in the Board’s decisions regarding Ebike use.”

MMWD Staff Presentation to CAC, September 10, 2019:  “ADA Compliance – Type-1 Ebikes are currently considered an ADA mobility device, and therefore, are permitted anywhere an ordinary bicycle would be permitted on Watershed lands.”

2020

After series of meetings, ebike opponents on Community Advisory Committee refuse to adhere to charter requirement to propose compromise; committee majority comprised of environmental leaders and bicycle enthusiasts recommend treating ebikes the same as other bicycles consistent with California law.

MMWD staff recommends allowing class 1 ebikes on fire roads for trial period of up to three years.  But MMWD board declines to approve.

Recording of MMWD Board meeting, 12/15/20

2021

MMWD retains $266,000 consultant to develop “recreation management plan” including an ebike policy.

2022-23

MMWD conducts Watershed Data Collection Survey, and holds series of workshops and site visits. Most survey respondents are hikers. A large majority agree the condition of the fire roads and trails are “good” to “great.” Only 1% report feeling “unsafe” for reasons ranging from coyotes and dirty porta-potties to dogs off leash and reckless cyclists. A majority of hiker-heavy respondents favor allowing e-bikes.

2024

After lengthy process, MMWD releases its “recreation management planning feasibility study” recommending e-bike and multi-use trail pilot programs. Class 1 E-bikes will be allowed everywhere conventional bicycles are allowed, including the multi-use pilot trails. The staff is screening 14 trails to select a few for the pilot program.

In September 2024 -- after six years of meetings, community outreach, surveys, workshops, and consultant reports -- the MMWD board finally approved a "pilot program" to give class 1 e-bikes the same access as other bicycles. This program, in combination with the single track pilot program, gave class 1 e-bikes official access to 90 miles of fire roads and six miles of trails.

Although termed a "pilot", the e-bike program did not actually change any usage. E-bikes have been present on MMWD fire roads for years, with no adverse impact on the environment.

The companion single track pilot allowed bicycles including class 1 e-bikes on approximately six miles of specified trails — amounting to only about 10% of trails available to hikers.   The trails, as announced in September 2024, were Sunnyside Trail; Pumpkin Ridge Trail; Madrone Trail; Concrete Pipe Fire Road; Upper Fish Gulch Trail; Arturo Trail; Mountain Top Trail; Lakeview Trail; and Grassyslope Fire Road.  

2025

Unfortunately, the Marin Conservation League which had opposed bicycles from the start in favor of their hiker bias sued to stop the pilot programs.  They claimed that Marin Water had not done enough environmental review, despite the fact that years of experience with e-bikes on Mt. Tam showed no environmental damage and there was no reasonable expectation that officially blessing e-bikes would increase usage.

The Marin Superior Court temporarily paused the pilot programs.  In May 2025, the parties reached a settlement allowing the e-bike pilot to proceed while further environmental review was conducted for the single track pilot. 

Commentary: This progress is a tribute to the new Board members elected in 2022 (Ranjiv Khush, Jed Smith and Matt Sampson).  Their view was that “it’s time for policy to match reality,” which is that e-bikes have been prevalent on Mt. Tam for years now.  We know from this experience, and common-sense, that e-bikes are environmentally friendly and don’t degrade the water supply.  And they can and do peacefully co-exist with hikers and other visitors.

The most recent addition to the Board, Diana Meier, also voted for the pilot.  After years of opposing it, longtime Board member Larry Russell also voted for it —making the vote unanimous.

Why did it take so long?  For years, it was opposition of the old Board led by Russell and Jack Gibson.  More recently, it was the shameful, selfish decision by the Marin Conservation League to spend its members’ dues on an obstructionist lawsuit in Marin County Superior Court.  For years, MCL had held sway with the old Board, exerting outsized political influence.  When the new Board stood up to MCL, its out-of-touch leaders opted for litigation. Ultimately, with no legal ground to oppose the e-bike pilot, it caved.  In the process, MMWD agreed to postpone the separate “single-track” pilot and conduct further studies.  

With this wasteful, unfortunate six-year saga behind us, we hope that MCL will cooperate in the best Marin tradition and make the pilot a success rather than ginning up complaints.  Time will tell . . . 

Note: Despite fact that hikers have 60 miles of exclusive-use trails, the staff does not plan on any bicycle-only trails. The single track pilot included only shared use trails. We will advocate for the revised single track pilot to include bicycle-only trails as long as hiker-only trails remain.

CONTRAST WITH GOLDEN GATE NATIONAL RECREATION AREA: By contrast to MMWD, the GGNRA officially permits ebikes on most fire roads and trails where other bicycles are allowed.  And they have done so for years, without any material environmental problems or user disputes. See Exhs. 20 and 21, https://www.nps.gov/goga/learn/management/upload/508_2020-GOGA-Compendium-Exhibits_sm.pdf.

In September 2024 -- after six years of meetings, community outreach, surveys, workshops, and consultant reports -- the MMWD board finally approved a "pilot program" to give class 1 e-bikes the same access as other bicycles. This program, in combination with the single track pilot program, gave class 1 e-bikes official access to 90 miles of fire roads and six miles of trails.

Although termed a "pilot", the e-bike program did not actually change any usage. E-bikes have been present on MMWD fire roads for years, with no adverse impact on the environment.

The companion single track pilot allowed bicycles including class 1 e-bikes on approximately six miles of specified trails — amounting to only about 10% of trails available to hikers.   The trails, as announced in September 2024, were Sunnyside Trail; Pumpkin Ridge Trail; Madrone Trail; Concrete Pipe Fire Road; Upper Fish Gulch Trail; Arturo Trail; Mountain Top Trail; Lakeview Trail; and Grassyslope Fire Road.

Unfortunately, the Marin Conservation League which had opposed bicycles from the start in favor of their hiker bias sued to stop the pilot programs.  They claimed that Marin Water had not done enough environmental review, despite the fact that years of experience with e-bikes on Mt. Tam showed no environmental damage.

The Marin Superior Court temporarily paused the pilot programs.  In May 2025, the parties reached a settlement allowing the e-bike pilot to proceed while further environmental review was conducted for the single track pilot.

Commentary: This progress is a tribute to the new Board members elected in 2022 (Ranjiv Khush, Jed Smith and Matt Sampson).  Their view was that “it’s time for policy to match reality,” which is that e-bikes have been prevalent on Mt. Tam for years now.  We know from this experience, and common-sense, that e-bikes are environmentally friendly and don’t degrade the water supply.  And they can and do peacefully co-exist with hikers and other visitors.

The most recent addition to the Board, Diana Meier, also voted for the pilot.  After years of opposing it, longtime Board member Larry Russell also voted for it —making the vote unanimous.

Why did it take so long?  For years, it was opposition of the old Board led by Russell and Jack Gibson.  More recently, it was the  shameful decision by the Marin Conservation League to spend its members’ dues on an obstructionist lawsuit in Marin County Superior Court.  For years, MCL had held sway with the old Board, exerting outsized political influence.  When the new Board stood up to MCL, its out-of-touch leaders opted for litigation. Ultimately, with no legal ground to oppose the e-bike pilot, it caved.  In the process, MMWD agreed to postpone the separate “single-track” pilot and conduct further studies.

With this wasteful, unfortunate six-year saga behind us, we hope that MCL will cooperate in the best Marin tradition and make the pilot a success rather than ginning up complaints.  Time will tell . . .

GGNRA 2020 rules