Private track build

brandonlopez
Posts
2
Joined
7/18/2024
Location
Woodstock, GA US
Edited Date/Time 7/18/2024 4:39pm

I started construction on a private track on Agricultural property my family owns and was shut down by the county hours after construction started. (Someone called due to there being a high volume of development in a rural area they may have been scared a neighborhood or store was being constructed do to the size of the equipment I have there) I called the code enforcement officer that shut us down and asked what we need. He said we would need a land disruption permit from the county as well as an erosion control plan that included civil engineered plans of the track. He then went on to say that a motocross track was not listed as a “specified use” on the county ordinance use chart for any zones in the county. In the county ordinances there is a clause that states “If not otherwise stated, any use not specifically permitted as a use by right or specifically indicated as a conditional use in any given zoning district provided under this Zoning Ordinance shall be prohibited in that zoning district, and any such prohibited use constructed or maintained in violation of this zoning ordinance is a violation subject to Penalties under Chapter 2.17” 


So I went ahead and called the erosion control company to set plans in place so that way I’m prepared when I try to “convince” the county to let me build my track, it’s a one time fee and I painted out the track on the property he went and collected his data for the civil plans to present to the county for the land disruption permit. All they want is a silk fence and proper coverage of the access soil that gets disturbed that will not be part of the track. Perfectly fine I can do that. The erosion guy told me to get in contact with my district manager to see if we can get it waved per the ordinance. So that’s what I did. 

I spoke with my district commissioner and he basically said I can ride my dirtbike or any other off road vehicle as much as I want on my own property obviously other than through the night, but as far as constructing a dirtbike or off road vehicle “course” goes, it would be considered a nuisance due to noise. Which obviously contridicts itself but since the ordinance does not state it as a specified use his hands are tied.


He said my only option was submitting a “text amendment” to the county board to get it approved as a specified use. I’m wondering if anyone has ever written and submitted one of these. I’m thinking it’s going to have to include the fact the “off road course” is only private use not public. The “off road vehicle” will have stock or federally compliant exhaust systems etc etc. I obviously don’t want to make it to specific and contradict my own self with what I submit. 

Property in Georgia! 

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motomojo
Posts
493
Joined
12/3/2015
Location
Kingman, AZ US
7/18/2024 5:54pm

Land disruption permit.

That's the silliest thing i've ever heard. I guess you don't actually own the land you think you do.

Asking permission to disturb some dirt yikes!!

9
zehn
Posts
7861
Joined
1/15/2013
Location
Anchorage, AK US
7/18/2024 5:59pm

Get a good lawyer and prepare to fight for your right to enjoy your land. Seems crazy doesn’t it 

3
2
Brad460
Posts
4410
Joined
5/15/2012
Location
Richfield, WI US
Fantasy
7/18/2024 6:25pm

Would an electric bike solve this issue? (No noise). Might be cheaper to buy a Stark than hire a lawyer…

6
9
JazzyJJ
Posts
1781
Joined
12/1/2020
Location
Nunya, WY US
7/18/2024 6:46pm

Renting land from our government is the biggest scam ever 

19

The Shop

lappedrider
Posts
1541
Joined
8/26/2006
Location
Tooele, UT US
7/18/2024 7:24pm

You always have to be “farming” until the bikes show up.   Agg exemption's are usually very broad.  

2
7/18/2024 7:35pm
motomojo wrote:
Land disruption permit.That's the silliest thing i've ever heard. I guess you don't actually own the land you think you do.Asking permission to disturb some dirt...

Land disruption permit.

That's the silliest thing i've ever heard. I guess you don't actually own the land you think you do.

Asking permission to disturb some dirt yikes!!

I know that permits are required here in California if you plan on moving more than a certain amount of dirt. Building any kind of jumps would require a permit and all of the other things that go with it. Drainage from rain, etc

dinger212
Posts
353
Joined
1/21/2022
Location
Minneapolis, MN US
7/18/2024 7:45pm

Unbelievable 

JustMX
Posts
5241
Joined
4/1/2008
Location
TN US
7/18/2024 8:02pm

Tell them if you can't build a track you will just put chicken houses in it.

Put a sign up saying future home of 5 conagra contract houses. 50' x 300' each 

Push the dirt around into stock piles convenient for jumps.

Find a chicken farm and buy some litter and spread it near the neighbors so they can get a little preview of what might be coming.

If they fight the chicken houses just throw your hands up in the air and then go start putting in laps on your "stockpiles".

If they are smart they will just leave you alone and think they have dodged a bullet.

Anybody that has ever lived within a mile of chicken houses knows ..lol

8
1
motomojo
Posts
493
Joined
12/3/2015
Location
Kingman, AZ US
7/18/2024 8:22pm
I know that permits are required here in California if you plan on moving more than a certain amount of dirt. Building any kind of jumps...

I know that permits are required here in California if you plan on moving more than a certain amount of dirt. Building any kind of jumps would require a permit and all of the other things that go with it. Drainage from rain, etc

I guess i'm glad to live in AZ i built a private track on my property in 2014. Didn't ask any permission from anyone and have had no issues with any authorites

Neighbors are cool and those that ride come ride.

I didn't even bother to get permits to build two houses and a big steel building in 2004 when i bought the land.

8
7/19/2024 11:07am Edited Date/Time 7/19/2024 11:07am

Were I live in rural MN, I was told only the county has jurisdiction on septic systems and watershed (near lake and rivers). The rest is up to the township. If you have a township, maybe start there and see if they can help with the county discussions? 

1
KHNC
Posts
620
Joined
5/24/2023
Location
East Flat Rock, NC US
7/19/2024 11:39am

Sounds like you have a bunch of northern cunts that moved in nearby. I am in NC and havent had any problem with my track. It was built with skid steer and tractor tho. No dozer or track hoes involved. Got a buddy in Newberry County SC built a 1.2 Mile track on 12 acres. Rode it for a couple years til a distant neighbor figured out how to "claim" erosion on his property that was hundreds of yards away from the track. County flipped out and shut his track down too. This guy had retentions ponds and ditches. No drainage or erosion , but that was the excuse that got the county attention. The neighbor is a transplant to the Lake Murray area of course. 

2
2
7/19/2024 11:56am

I would read the local laws and codes. And try and find a way that You could describe the track that fits in with an allowed use.     The former owner of my property wanted a lake and if he sold ice from it it allowed him to build a dam.  Becoming a tree farm gave him some other freedoms as far as wetlands and farming them.  

When I moved in , I looked for allowed uses that I could fit under for my shop and setup that as my primary use.  

 A trail, a road, a driveway  or parking lot could all be the same thing and just called something different. If You can make trails , but not a MX track.  Make an MX track that is made out of trails. You may be limited to a certain width or other restrictions.   If it is not clearly defined in the bylaws, How can they say that Your trails , driveway, etc. is not what you define it as. That it is something that is undefined in the local bylaws?

I'm just using the trail thing as an example.   Doing it 100% legit like you are doing should make it easier to keep around in the long run. Rather than trying to redefine something and hoping that works. Maybe if you had not already started doing the work , defining the track as something else might have worked for a while. Hopefully You get somebody who has done it all the right way that posts some info. If it is just for you and a few friends, sliding in under the radar with a redefined use would be easier than if You plan on allowing the public to come ride.  I guess You could always say that You changed your mind on what You were doing if You find an accepted use.   Look into landscaping bylaws . You might be able to create a beautiful track with flower beds as jumps. 

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1
7/19/2024 12:03pm

Too late for that because he is on the radar in the county now. Guaranteed that who ever turned him in will be watching closer now and report him for any work being done on a track. 😒 

2
zookrider62!
Posts
6825
Joined
12/22/2008
Location
Plano, TX US
7/19/2024 12:39pm
Brad460 wrote:

Would an electric bike solve this issue? (No noise). Might be cheaper to buy a Stark than hire a lawyer…

Is he going to build the track with the stark?

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2
7/19/2024 12:57pm

I’ve owned and operated two motocross facilities. The first one was going well until we started getting large crowds, then we get a letter from the city to cease and desist due to noise complaints. After we hired a company to set up decibel meters around the property, it was determined the B-52’s from nearby Barksdale Air Force Base made much more noise than motorcycles. So then we get a complaint about dust control, after that it was facilities for the public, restrooms etc.. After we satisfied that, we get a letter from Louisiana Downs Horse Track (we were close to) La Downs lawyers threatened lawsuits for endangering thoroughbred horses due to noise. We weren’t going to get into a battle with La Downs. So we bought property 50 miles away in a small town that welcomed us, as race weekends brought revenue to the grocery store, gas stations etc..
Just saying once you are on their bad side, it may not end until they run you out of money. Good luck with it.

3
7/19/2024 1:14pm
JazzyJJ wrote:

Renting land from our government is the biggest scam ever 

That's exactly why I gave up and started to shovel tracks on government property!  All it costs me is a lot of sweat equity.  Of course it would be nice to get some help from the local kids, but they are either too lazy to shovel, or move 1/3 of what I do.

7/19/2024 1:57pm
Brad460 wrote:

Would an electric bike solve this issue? (No noise). Might be cheaper to buy a Stark than hire a lawyer…

What would buying a Stark solve? People hate motorcycles and motorcycle tracks etc. Noise was the easy blame before but they wont be happy until there are no motocross bikes and then they will go after mountain bikes and anything else that is fun. 

2
7/19/2024 4:22pm

Unreal, for those assuming its a regional problem or "others" moving in, your wrong. This kinda thing is happening more and more everywhere.

How about you layout a natural grass track, invite a few hundred people over to run it in. When the neighbors complain about the noise, then go to the committee and say let me modify my property as I see fit and I'll restrict it to 10(or whatever) bikes at a time. 

2
7/19/2024 5:13pm Edited Date/Time 7/19/2024 5:15pm
Unreal, for those assuming its a regional problem or "others" moving in, your wrong. This kinda thing is happening more and more everywhere.How about you layout...

Unreal, for those assuming its a regional problem or "others" moving in, your wrong. This kinda thing is happening more and more everywhere.

How about you layout a natural grass track, invite a few hundred people over to run it in. When the neighbors complain about the noise, then go to the committee and say let me modify my property as I see fit and I'll restrict it to 10(or whatever) bikes at a time. 

eye-roll-meme-idlememe 5.jpg?VersionId=CqFBluGXDFffbI5XabR4Na

Go ahead and try to strong arm the county and see what happens. 🤣

1
msp332
Posts
386
Joined
10/29/2014
Location
San Mateo, CA US
7/19/2024 7:00pm Edited Date/Time 7/19/2024 7:13pm

I'm an acoustical engineer. Are you within City limits? Does the municipal code limit apply? What are your neighbors' properties zoned? Let's find the relevant Code. If you can show there's no noise ordinance violation, that should take care of the noise argument. Feel free to DM me.

Navigating local officials is experience - you don't have it until after you need it. Seems like their triggers include "construction" and "build" if you can change plans/language accordingly.

Edit: Looks like Cherokee County limit is 55 dBA & 60 dBC, 1 minute average for residential use. Distances to the property line will be critical.

2
Russell24v
Posts
12
Joined
11/22/2019
Location
Fresno, CA US
7/26/2024 9:56am

You're fighting a serious uphill battle.....grading and storm water alterations, zoning and conditional use permitting, Williamson Act designation (farm property tax in California) and last be not least, noise ordinances. Lots of money might address the first two depending on your local gov't, but the noise ordinance is the death nail. Agriculture is almost always exempt, but other "loud and roseous" noises are not. 

Best bet is to keep your place a basic turn track and enjoy it smartly as long as you can and haul somewhere else. 

CPan
Posts
464
Joined
2/21/2022
Location
CA
7/26/2024 10:38am

Wow. I have a track on my land within city limits and have never had an issue. Can’t imagine being told I couldn’t ride on my own private property. 

7/26/2024 10:49am
I started construction on a private track on Agricultural property my family owns and was shut down by the county hours after construction started. (Someone called...

I started construction on a private track on Agricultural property my family owns and was shut down by the county hours after construction started. (Someone called due to there being a high volume of development in a rural area they may have been scared a neighborhood or store was being constructed do to the size of the equipment I have there) I called the code enforcement officer that shut us down and asked what we need. He said we would need a land disruption permit from the county as well as an erosion control plan that included civil engineered plans of the track. He then went on to say that a motocross track was not listed as a “specified use” on the county ordinance use chart for any zones in the county. In the county ordinances there is a clause that states “If not otherwise stated, any use not specifically permitted as a use by right or specifically indicated as a conditional use in any given zoning district provided under this Zoning Ordinance shall be prohibited in that zoning district, and any such prohibited use constructed or maintained in violation of this zoning ordinance is a violation subject to Penalties under Chapter 2.17” 


So I went ahead and called the erosion control company to set plans in place so that way I’m prepared when I try to “convince” the county to let me build my track, it’s a one time fee and I painted out the track on the property he went and collected his data for the civil plans to present to the county for the land disruption permit. All they want is a silk fence and proper coverage of the access soil that gets disturbed that will not be part of the track. Perfectly fine I can do that. The erosion guy told me to get in contact with my district manager to see if we can get it waved per the ordinance. So that’s what I did. 

I spoke with my district commissioner and he basically said I can ride my dirtbike or any other off road vehicle as much as I want on my own property obviously other than through the night, but as far as constructing a dirtbike or off road vehicle “course” goes, it would be considered a nuisance due to noise. Which obviously contridicts itself but since the ordinance does not state it as a specified use his hands are tied.


He said my only option was submitting a “text amendment” to the county board to get it approved as a specified use. I’m wondering if anyone has ever written and submitted one of these. I’m thinking it’s going to have to include the fact the “off road course” is only private use not public. The “off road vehicle” will have stock or federally compliant exhaust systems etc etc. I obviously don’t want to make it to specific and contradict my own self with what I submit. 

Property in Georgia! 

What if You call it a Horse track , or whatever they are called. And just ride dirtbikes on it instead?   Horses have been around forever and tracks for them are super common around me. in developed and rural areas. I would imagine that would also be OK with most neighbors in the area.  There may be something in there that allows Horse training  tracks or I'm not sure what it would even be called.  Since the riding of the bikes is not the issue.  Perhaps construct it so that a Horse could still be ridden around parts of it .  

 

If You keep getting pushback, change Your mind and make it for horses . and then modify it a little at a time adding jumps and berms. 

Hopefully You are just able to get it in as a motocross track. I would think that if the codes do not restrict you from riding, It should be possible.

Please come back and update us if You can. 

 I looked at my current zoning . I'm on old farmland that has been rezoned to industrial many years ago. And " Commercial and non commercial outdoor recreation" is listed as a allowed use without a need for special permitting process.  I would try and find codes and zoning that support similar forms of use to help You get the special permits if that is still the road You are trying to go.  In my case I would argue that a motocross track fits into the outdoor recreation definition.  

 

  Years ago when my mother went to get  business lic. for doing Psychic readings  she had to speak at a town meeting .  They told her that since she was a psychic she should be able to tell them if she was going to get approved. She said that the answer was Yes with some sort of stipulation , and they gave it to her.  And during an inspection a building inspector was telling my mother that he was not sure if he could OK our antique woodstove being installed. There was no UL rating or whatever he was looking for. She reminded him that he was the inspector and that it was HIS decision as far as to approve or not approve it. She just reminded him he held the power.   I've never been a smooth talker like her, been a little too honest and upfront for my own good most of the time. But sometimes reminding people in power that they have the power to decide something can be the little nudge that helps .   

1
byke
Posts
2954
Joined
8/12/2015
Location
Auburn, CA US
7/26/2024 11:09am Edited Date/Time 7/26/2024 11:10am

Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow up questions to keep dialog going. If the only concern is a noise violation, then just take the hit. They'll need to come out there and stand at the property border/s with testing equipment in order to prove you violated a noise ordinance, which they may not even do, and even if they do, what's the cost? $100/day? It's probably not going to be a ton. Just get as much done as you can in one day, see what the violation process is like, then consider more days from there. 

And don't go crazy with earth moving, take a minimalist approach, also taking a bunch of before and after photos to show how little you actually did. Then maybe just for fun, go through their process with the board of supervisors and contest the single-day violation, because what, people can't use tractors on their property because it's too noisy? You can't build a shooting backstop out of dirt on your property? That's all silly. Go test everything out with a minor violation and see what happens, that's my recommendation. 

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1
KHNC
Posts
620
Joined
5/24/2023
Location
East Flat Rock, NC US
7/26/2024 11:22am
byke wrote:
Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow...

Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow up questions to keep dialog going. If the only concern is a noise violation, then just take the hit. They'll need to come out there and stand at the property border/s with testing equipment in order to prove you violated a noise ordinance, which they may not even do, and even if they do, what's the cost? $100/day? It's probably not going to be a ton. Just get as much done as you can in one day, see what the violation process is like, then consider more days from there. 

And don't go crazy with earth moving, take a minimalist approach, also taking a bunch of before and after photos to show how little you actually did. Then maybe just for fun, go through their process with the board of supervisors and contest the single-day violation, because what, people can't use tractors on their property because it's too noisy? You can't build a shooting backstop out of dirt on your property? That's all silly. Go test everything out with a minor violation and see what happens, that's my recommendation. 

I see some anti gun prick gave you a down vote. This is best plan ive seen in this thread. 

5
Tryhard
Posts
548
Joined
6/6/2017
Location
VA US
7/26/2024 11:23am Edited Date/Time 7/26/2024 11:24am

I am currently battling the same thing here in rural Virginia, I've lived in the same county my whole life. Most people around here hate change and development, I don't hate it, but I like being isolated. 

Long story short, the farmers here don't mind cutting down 1000s of acres of trees for profit, all the while destroying our rural roads and not caring whatsoever, the county could care less as well. I currently have 2000' of ditch line that is ruined and collapsed at the shoulder of the road because of log trucks. The moment i had 30 vehicles including r.vs on my property, i had the county p.d and everything up my ass. I have people stalking my tax records at the courthouse its absolutely absurd the shit these people will do. I am currently fighting a legal battle due to the county p.d showing up on my property and trying to shut down and event i was hosting due to noise. I escorted them off the premises and locked my gate, and sent certified mail to the p.d that they are not to cross the line of my gate without a warrant. We have no noise ordinance here.......A neighbor 4 miles away is "supposedly filing a suit" against me for noise and creating a dangerous Environment for motor vehicles. One thing I've learned, anything goes in these small towns, your argument does not need to be right or legal, you just need a friend in high places to listen.

1
KHNC
Posts
620
Joined
5/24/2023
Location
East Flat Rock, NC US
7/26/2024 11:24am

So the OP made one post and left. IF he applied that amount of effort into getting his track built, he will never build a track. 

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2
7/26/2024 11:50am
byke wrote:
Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow...

Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow up questions to keep dialog going. If the only concern is a noise violation, then just take the hit. They'll need to come out there and stand at the property border/s with testing equipment in order to prove you violated a noise ordinance, which they may not even do, and even if they do, what's the cost? $100/day? It's probably not going to be a ton. Just get as much done as you can in one day, see what the violation process is like, then consider more days from there. 

And don't go crazy with earth moving, take a minimalist approach, also taking a bunch of before and after photos to show how little you actually did. Then maybe just for fun, go through their process with the board of supervisors and contest the single-day violation, because what, people can't use tractors on their property because it's too noisy? You can't build a shooting backstop out of dirt on your property? That's all silly. Go test everything out with a minor violation and see what happens, that's my recommendation. 

I was reading the county bylaws and it looks like he  would also need a permit to disturb as much soil as it sounds like he was going to move or started moving.  It states that landscaping projects that disturb over an acre would require the permit that he said they told him he would need. 

Farming was one of the ways of moving a large amount of soil that was  excluded from needing a permit. Along with a list of 10 or so others. And a list of projects that would require the permit no matter how much was disturbed.  So it sounds like it is more than noise. 

 

  If I was him I would have marked out a track in the field and ridden it as natural terrain before moving any dirt. Get a feel for the flow of the layout ,especially if he has never built a MX track before. 

 

It sure sucks that it is so hard to put a legal place to ride together.  

1
kage173
Posts
2985
Joined
11/27/2015
Location
TX US
7/26/2024 11:56am
I started construction on a private track on Agricultural property my family owns and was shut down by the county hours after construction started. (Someone called...

I started construction on a private track on Agricultural property my family owns and was shut down by the county hours after construction started. (Someone called due to there being a high volume of development in a rural area they may have been scared a neighborhood or store was being constructed do to the size of the equipment I have there) I called the code enforcement officer that shut us down and asked what we need. He said we would need a land disruption permit from the county as well as an erosion control plan that included civil engineered plans of the track. He then went on to say that a motocross track was not listed as a “specified use” on the county ordinance use chart for any zones in the county. In the county ordinances there is a clause that states “If not otherwise stated, any use not specifically permitted as a use by right or specifically indicated as a conditional use in any given zoning district provided under this Zoning Ordinance shall be prohibited in that zoning district, and any such prohibited use constructed or maintained in violation of this zoning ordinance is a violation subject to Penalties under Chapter 2.17” 


So I went ahead and called the erosion control company to set plans in place so that way I’m prepared when I try to “convince” the county to let me build my track, it’s a one time fee and I painted out the track on the property he went and collected his data for the civil plans to present to the county for the land disruption permit. All they want is a silk fence and proper coverage of the access soil that gets disturbed that will not be part of the track. Perfectly fine I can do that. The erosion guy told me to get in contact with my district manager to see if we can get it waved per the ordinance. So that’s what I did. 

I spoke with my district commissioner and he basically said I can ride my dirtbike or any other off road vehicle as much as I want on my own property obviously other than through the night, but as far as constructing a dirtbike or off road vehicle “course” goes, it would be considered a nuisance due to noise. Which obviously contridicts itself but since the ordinance does not state it as a specified use his hands are tied.


He said my only option was submitting a “text amendment” to the county board to get it approved as a specified use. I’m wondering if anyone has ever written and submitted one of these. I’m thinking it’s going to have to include the fact the “off road course” is only private use not public. The “off road vehicle” will have stock or federally compliant exhaust systems etc etc. I obviously don’t want to make it to specific and contradict my own self with what I submit. 

Property in Georgia! 

Welcome to the land of the free.

byke
Posts
2954
Joined
8/12/2015
Location
Auburn, CA US
7/26/2024 11:57am
byke wrote:
Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow...

Sounds like you should get the statement from your district commissioner in writing. Send an email confirming what you discussed and then ask a few follow up questions to keep dialog going. If the only concern is a noise violation, then just take the hit. They'll need to come out there and stand at the property border/s with testing equipment in order to prove you violated a noise ordinance, which they may not even do, and even if they do, what's the cost? $100/day? It's probably not going to be a ton. Just get as much done as you can in one day, see what the violation process is like, then consider more days from there. 

And don't go crazy with earth moving, take a minimalist approach, also taking a bunch of before and after photos to show how little you actually did. Then maybe just for fun, go through their process with the board of supervisors and contest the single-day violation, because what, people can't use tractors on their property because it's too noisy? You can't build a shooting backstop out of dirt on your property? That's all silly. Go test everything out with a minor violation and see what happens, that's my recommendation. 

I was reading the county bylaws and it looks like he  would also need a permit to disturb as much soil as it sounds like he...

I was reading the county bylaws and it looks like he  would also need a permit to disturb as much soil as it sounds like he was going to move or started moving.  It states that landscaping projects that disturb over an acre would require the permit that he said they told him he would need. 

Farming was one of the ways of moving a large amount of soil that was  excluded from needing a permit. Along with a list of 10 or so others. And a list of projects that would require the permit no matter how much was disturbed.  So it sounds like it is more than noise. 

 

  If I was him I would have marked out a track in the field and ridden it as natural terrain before moving any dirt. Get a feel for the flow of the layout ,especially if he has never built a MX track before. 

 

It sure sucks that it is so hard to put a legal place to ride together.  

We have the same rule here in Placer County, anything over an acre needs a permit. He can still get going though, because an acre of 12ft wide (or whatever width) is still a lot of track before it makes up an acre. Plus, you can do things to shrink it, like for now it would be wise to leave every flat spot untouched, so that you're not actually building a track, you're just building random jumps which later on you'll connect by either scraping the flat parts in between, or just riding them to put the track together. 

1

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