Plan to Allow Pedestrian Access to Featherstone Refuge

WOODBRIDGE, Va. — Featherstone National Wildlife Refuge opened with fanfare last year, marking the first time since the refuge’s founding the refuge in 1979 the public was welcome on the 325-acre property.

But that fanfare later prompted questions when word spread that the only legal way to access the property was by non-motorized watercraft from the Potomac River. In others words, if you were going to the Featherstone refuge you’d better bring a paddle.

The refuge sits alongside railroad tracks owned by CSX and used by Virginia Railway Express. The nearby VRE station at Rippon would be an ideal place to access the refuge, but the railroad doesn’t want visitors crossing their tracks by walking on them. And for good reason, as in the past two months two people were killed in separate incidents by VRE trains while walking along the tracks.

While it is a small piece of isolated land, trespassers for years frequented the property riding ATVs, starting campfires, and left behind them shattered glass and other trash. Many hope with the property open to the public, undesirable visitors will stay away.

More to the Story: See even more photo of Featherstone National Wildlife Refuge from Prince William Conservation Alliance and others. 

It comes down to an issue of safety liability. VRE Chief Doug Allen said his agency is in the process of working with Prince William County officials on the specifics of a new plan that would allow refuge-goers to be able to cross over the tracks on a walkway at the Rippon station and then proceed to the woods. Refuge visitors would be able to park at the Rippon station’s parking lot.

The details of that plan and information on how much it will cost are expected to be presented in December, said Allen.

Rep. Gerry Connolly attended a ribbon-cutting event when the refuge was opened and touted the refuge as one of his shining accomplishments in Prince William County during his successful re-election bid earlier this month. His spokesman, George Burke, said to he process of letting pedestrians into the refuge is ongoing.

“Things don’t happen overnight. You’re dealing with public entities and private entities that have to look out for their won interests. When we started on the project we were fully aware a right-of-way was necessary, and the corporate parties involved, and they are working diligently to provide that right of way into the property,” said Burke.

There have been rumors that residents can walk to the park at their leisure. Just last week at a town hall meeting in Woodbridge, District Supervisor Frank Principi surprised some when he said people can visit the refuge without using a boat – but they have to make arrangements with his office first.

Prince William Conservation Alliance Director Kim Hosen has been pushing for pedestrian access to the park even before it was officially open. She led walking tours of the refuge in spring 2010 in an effort to build awareness of Featherstone. The permit she was given to cross the tracks and lead the tours was revoked later that same year.

Her organization was notified by email:

Subject: RE: Request for Permission to Park at the Rippon VRE Station and Cross the Bridge and Platform to Access Featherstone NWR
Date: Wed, 7 Sep 2011 13:19:20 -0400
From: [email protected]
To: [email protected]

Charles,

Regretfully, I have to rescind the approval provided via my previous email. Unfortunately, we are not able to grant you permission to access the refuge by utilizing VRE’s pedestrian bridge and platform. I was made aware by our senior staff that our legal counsel has advised us not to permit this type of activity for liability reasons moving forward.

I sincerely apologize for both the confusion and inconvenience. Attached is an updated Right of Entry form to reflect this change.

Sincerely,

Kristin L. Vivian

VA Code 29.1-509 removes liability where access is granted

…Virginia’s Landowner Liability Law (Virginia Code § 29.1-509) attempts to address this issue as well. … Also, protection is not afforded to landowners who charge a fee for usage or for an easement. However if the landowner enters into an agreement with the Commonwealth (state agency) for recreational access the agency is obligated to hold the landowner harmless and is responsible for providing the legal expenses of a landowner in the event a case is filed. Since its inception the Virginia landowner liability law has not been utilized or tested in a court of law. The railroads feel that this provision does not adequately address potential risks due to the unique conditions of existing railroad use arrangements. ~REPORT OF THE DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION, Rails with Trails/Pedestrian Crossing Project Initiation, Coordination and Review

Shoreline erosion has already significantly reduced the size of Featherstone Refuge, visible in the aerial images from 1937 and 2009 here. Management choices include hardening the shoreline or “soft” fixes that allow for a managed retreat.

With a new agreement between Prince William County and VRE in the process of being formalized, Hosen, who worked to open Merrimac Farm National Wildlife Area,  says she hopes Featherstone is opened soon for all to enjoy.