ATV owners, time to wake up!

[timberfaller]

Just received this in a email.    MVCC and Conservation Northwest have some whacked out people as members BUT obviously better lawyers!


New environmental review required before roads can be approved for use

Photo by Marcy Stamper
Signs like this will need to be removed or covered on nearly 600 miles of county roads until ATV environmental impact assessments are completed.

By Marcy Stamper

Okanogan County will have to close 597 miles of roads to all-terrain vehicles (ATVs) and do a thorough review of possible environmental impacts before opening any more roads to the vehicles.

The ruling is a result of a decision by the state Supreme Court not to hear the case, which leaves in place a Court of Appeals decision from June 2016 that found the county’s environmental analysis of the impacts of allowing ATVs to use the roads was “almost devoid of specific information.”

Okanogan County had asked the high court to review the case, arguing that it had been filed in the wrong jurisdiction.

The Supreme Court decision brings ends a nearly three-year-long legal battle between the county and the Methow Valley Citizens Council (MVCC) and Conservation Northwest, who filed repeated challenges to the county’s efforts to open additional roads to ATVs.

MVCC and Conservation Northwest contended that allowing ATVs to use all county roads with speed limits of 35 miles per hour (mph) or less would have significant impacts on the environment. The county is required to take these impacts into account, they said.

In a 2-to-1 ruling in June 2016, Court of Appeals agreed that the state Environmental Policy Act (SEPA) requires the county to assess potential impacts on the environment, including on water, air quality, and wildlife habitat. The court ordered county officials to prepare an environmental checklist with a complete disclosure and review of relevant information if the county wants to adopt another ordinance allowing ATVs to travel on county roads.

The environmental review must cover increased traffic, off-road use, noise, and the impact on endangered species caused by both legal and illegal traffic, the court said.

In the 2014 environmental checklist, Okanogan County Planning Director Perry Huston concluded that because ATVs would be traveling on existing roads already used by other vehicles, there would be no new environmental impacts.

“The bottom line is that there is overwhelming evidence from land-management agencies, backcountry hunters and environmental groups of widespread off-road riding,” said Melanie Rowland, an MVCC board member and co-counsel in the lawsuit. “It’s a vexing problem for public-land agencies,” she said.

The county had argued that claims of environmental harm were merely speculative and said the plaintiffs hadn’t pointed to specific roads or areas that would be harmed.

Rowland acknowledged that is unusual to assess the environmental impacts of violations of the law, but said evidence presented to the county of illegal ATV activity, in the state and across the country, was so overwhelming that the Court of Appeals agreed it must be taken into account.

“The county received overwhelming evidence of negative impacts, including evidence of actual off-road riding that damaged specified locations. Photographs confirmed the environmental harm,” said the Court of Appeals judges in their ruling.

But the dissenting Court of Appeals judge wrote, “There will always be people who violate the laws, but we do not measure the environmental impacts of a new regulation by looking to the conduct of those who violate other laws.”
‘Letting the dust settle’

“We have to take all the signs down and basically start over from square one,” said Okanogan County Commissioner Andy Hover last week after learning about the Supreme Court’s decision.

Hover said the commissioners will have to pursue the issue with ATV user groups and environmental groups including MVCC, but said they intend to “let the dust settle a little bit.” Hover said he is confident that county staff have a good sense of what they need to do to create “a good plan that isn’t all or none.”

Now that the Supreme Court has declined to take the case, the Court of Appeals must send a letter to the county within 30 days of the Jan. 4 decision ordering the county to comply with their ruling invalidating the ordinance that opened the 597 miles of roads to ATVs. The county will also have to take down or otherwise obscure the signs stating that roads are open to ATVs, said Rowland.

After that, the county can consider opening roads to ATVs, but must first do a meaningful environmental analysis, which would include location (including whether they traverse environmentally sensitive areas like wetlands), length (some of the roads previously opened were only a fraction of a mile), and the risks of off-road travel, said Rowland. It would include public input and a public hearing.

MVCC is not opposed to allowing ATVs to use some county roads, but “we want them to be sensible,” said Rowland. “Most ATV riders are responsible — absolutely,” she said.

The dispute over where ATVs may travel in the county dates back to a 2013 state law that was intended to increase opportunities for ATV riders while decreasing unlawful and environmentally harmful motorized recreation. It created a new class of wheeled ATVs with safety features and special licenses that could ride on roads of 35 mph or less. Decisions as to which roads would be open to ATVs were left to local jurisdictions.

Immediately after the law went into effect, the Okanogan County commissioners opened all county roads with speed limits under 35 mph to ATVs. They were compelled to close the roads again after a challenge by MVCC and Conservation Northwest over the lack of an environmental review.

The ordinance at issue in this case was adopted in 2014, accompanied by the environmental checklist the Court of Appeals judges deemed inadequate. That environmental review had been upheld in Okanogan County Superior Court in 2014.

Okanogan County has 336 miles of roads that were open to ATVs before 2014. These roads are not affected by the ruling and will remain open.

In an indication of the potential for broader ramifications of the local ATV case, Rowland and Sandy Mackie, the special deputy prosecuting attorney for Okanogan County who handled the ATV case, will conduct a session on the case at a law seminar about the environmental policy act later this month. Law Seminars International calls the Okanogan County lawsuit “an unusual case that raises several interesting SEPA issues.”

[81husky]

I don't own an ATV, but as an Okanogan County resident this really hacks me off. How can an ATV/UTV on a road cause any more damage than a car or truck? The idea that someone might go off the road and cause damage is ridiculous. If someone does that, cite them. It bothers me that an entire user group is guilty of crimes that haven't happened. I live on the poor side of the county, and see folks driving them. I don't think that will change much with the lack of LEO's in these parts. Maybe I'm wrong, and they will enforce it, but I think it would take a while to get caught.   

[Dick in the Dirt]

This being a court ruling it can be enforced though out the state.The yogurt choker's are going to be all over this. Olympia needs to visit this issue.I see a class action by the people that bought in good faith that they could ride their ATV's.The wacko's have gone to far. 

[Katmai Guy]

 

[GBoyd]

I don't own an ATV, but as an Okanogan County resident this really hacks me off. How can an ATV/UTV on a road cause any more damage than a car or truck? The idea that someone might go off the road and cause damage is ridiculous. If someone does that, cite them. It bothers me that an entire user group is guilty of crimes that haven't happened. I live on the poor side of the county, and see folks driving them. I don't think that will change much with the lack of LEO's in these parts. Maybe I'm wrong, and they will enforce it, but I think it would take a while to get caught.

You can't think of how ATV use could damage roads?

Areas with ATV use around here are awful. They try to run up steep slopes off the shoulder and tear up the ground. They like to hit the mud pools head on for some reason and tear those up too.

I'm not sure about the environmental damage claims, but I definitely prefer to be driving where ATVs aren't allowed

[CAMPMEAT]

The commies are in control. I really feel sorry for you ATV owners. Start going to Stevens County. All roads are open to ORVs. Except the state highway..

[81husky]

I don't own an ATV, but as an Okanogan County resident this really hacks me off. How can an ATV/UTV on a road cause any more damage than a car or truck? The idea that someone might go off the road and cause damage is ridiculous. If someone does that, cite them. It bothers me that an entire user group is guilty of crimes that haven't happened. I live on the poor side of the county, and see folks driving them. I don't think that will change much with the lack of LEO's in these parts. Maybe I'm wrong, and they will enforce it, but I think it would take a while to get caught.

You can't think of how ATV use could damage roads?

Areas with ATV use around here are awful. They try to run up steep slopes off the shoulder and tear up the ground. They like to hit the mud pools head on for some reason and tear those up too.

I'm not sure about the environmental damage claims, but I definitely prefer to be driving where ATVs aren't allowed

I've not seen damage to hillsides here, and am sorry to see it happening in your area. If they are driving on the hillsides or off the shoulder, that's not on the road, and is illegal as far as I know. I just don't like to see an entire user group punished by the bad actions of a few.

[CAMPMEAT]

99% of ALL damage to mud holes and hillsides I've seen, are from 4x4's and motorcycles. ATV's are just a scapegoat just for the treehuggers to use as another way to control OUR lands. I hate the enviro, commie, leftist treehuggers, who want everything in their control and take away our way of recreating on OUR lands.

[hunter399]

The commies are in control. I really feel sorry for you ATV owners. Start going to Stevens County. All roads are open to ORVs. Except the state highway..

I don't like damm tree huggers too,Stevens county is the best on atv use , but also fifty new gates and closed roads every year to all motor vehicles,when I was a kid u could drive everywhere lucky to see one gate now I can't count them on all your hands and feet in one day.seems like everybody drives around gates anymore which falls under the need for more enforcement,which will happen with the trails there trying to close now .rant over.

[hollymaster]

Nothing sucks worse than hoofing it in and having a atv scream on by behind a locked gate. 

[PolarBear]

 

[CAMPMEAT]

I remember in Joe Watt, they had the green dot roads and the other roads you weren't supposed to be on. Same thing there, walk in and and have a load of drunk Sheriffs drive on it anyhow. They thought they were above the law. We confronted them, but nothing you could do about it.. So, it's not only the ATVers fellas who are totally wrong. I wish you guys would realize that. You're only in your priceless hunting spot a week or two outta the year. You forget, ranchers, Border Patrol, USFS, USFWS and a bunch more are in those areas working, LEGALLY. The animals are used to the noise. The more the greenies lock any motorized group out, the worse it'll be.

[SuperX]

"...evidence presented to the county of illegal ATV activity, in the state and across the country, was so overwhelming that the Court of Appeals agreed it must be taken into account."

So instead of depending on 'enforcement' to manage this, how about if ATV users started to follow the laws in place before demanding unlimited road access?  There isn't enough manpower in the county to enforce gates in Okanogan if that was the only thing they did. 

[furiouzgeorge]

They didn't close the roads...they reversed a rule that didn't consider environmental impacts. Now they will, the sepa studies will be done, and the roads will re-open.I quite frankly see this as a non-issue.

[kellama2001]

Tagging

[pianoman9701]

How proactive are ATV owners and clubs in policing their own ranks? I've had the same experience of hiking way back and having an ATV go buy me. It's maddening. Are there ATV organizations which offer rewards for convictions on illegal activity, etc., or have eyes in the woods type programs to turn in law breakers?

[Mudman]

If you guys grew up with your grandfathers when freedom was still around you would see things differently.  When you regulate freedom special interests prevail and we fight over whats fair because we lost our rights..  All this crap-regs, greenies, weyco, fees, bickering, is a result of them taking our freedoms.  Argue over any point from land ownership to environmental damage the results are the same.  WE ALL LOSE something.  Unite and support freedom in all aspects whether it benefits you or not and we all win. Some whine "I hiked 99 miles and an ATV blew by me."  Well I say 50 years ago your Grandads were ALL in their trucks!!!!!  Get my point yet???  Quit damn whining and bickering and fight for our full access again, that's the damn answer!!!!!!!!!!!  Divide and conquer, they are smart enough to see it.  We aren't.

[pianoman9701]

Just because someone's a hunter doesn't mean they have to support unlimited ATV use. It has nothing to do with divide and conquer - two separate activities. And, it seems you're justifying someone blowing down a closed road in an ATV. Sorry, that dog just 'aint gonna hunt. That's selfish and wrong, and it affects others negatively. I don't think ATVs should be banned all over the place. But illegal activity shouldn't be tolerated, especially by the ATV community. It's in your best interest to pressure your ATV buddies to follow the law.

[CAMPMEAT]

The 3 clubs I used to belong to in Washington, we did police our own and others too. One thing I'd like to bring up is. In all 3 clubs, the average age of ATV owners were mid 50's and up and I can tell you, we didn't tear up any hills or mudholes. We stayed on maintained ATV trails the WE maintained for the forest service in Okanogan County, so all ORV users were welcome to use them. We did litter patrols, free of charge. I didn't see one person there that said, I'm a hunter and don't own an ATV, but I'll pitch in as much as I can. Never happened once. So, I really don't like hearing all this anti ATV crap, when in fact, you never participated once, in good relations with a club or the FS.

[rtspring]

I can do a hell of alot more damage in my truck than my v-twin 1000 quad could ever think of doing..

I hear a lot of people hating on quads, you too can go buy one instead of bitching about those that do have them.   

Typical hunters against one another. 

Its all about money for the sorry state of Washington! 

[pianoman9701]

All due respects, RT, but I haven't heard anyone "hating on quads".  It's got nothing at all to do with hunters against one another. It got to do with some people find illegal activity OK and others don't. Personally, I'm not a fan of poaching and I'm not a fan of illegal ATV use.

[Mudman]

Just because someone's a hunter doesn't mean they have to support unlimited ATV use. It has nothing to do with divide and conquer - two separate activities. And, it seems you're justifying someone blowing down a closed road in an ATV. Sorry, that dog just 'aint gonna hunt. That's selfish and wrong, and it affects others negatively. I don't think ATVs should be banned all over the place. But illegal activity shouldn't be tolerated, especially by the ATV community. It's in your best interest to pressure your ATV buddies to follow the law.

You shouldn't whine he drove past me and I walked in.  Few years back both of you would have driven in comfortably in your trucks.  That's my point.  Instead bicker amongst ourselves over who is holier than thou.  How is that working for you?  Let me tell you how-300$ permits, closed lands, so many regs you cant stay legal if you tried!  So it is what it is and in the end we are all screwed.  Proof is in the pudding.  20 years from now your kids will not be in these woods until they pay the 3000$ permit, 500$ tags, and take an environment preservation course for 900$ and wear their gps locator and body cam so they can be tracked while out and to prove they are following all laws.  Its done.  They continue to win.  Too many hipocrit know it alls sacrificing their voice to maintain their priviledge status. Ironic they end up losing it all in the end.  Stand up for all-or nothing.  I'm tired of losing to greenie do-gooders.  Slough and ferns will grow back for Christs sake.

[HUNTINCOUPLE]

The greenies shut down JEEPS from using routes and roads since the 50's now they are attacking ATV's. I own two Jeeps and one ATV. We use them on our own land any way we want. On public land we follow all laws very closely. Do I like it NO!  Idaho favors it!

[pianoman9701]

  It's possible that if you're pointing fingers at and chastising people for following the law, you're likely part of the problem. Just sayin'.

[Mudman]

I follow the laws that all the do good me first freedom stealing selfish minded Subaru driving tree hugging spotted owl loving righteous idiots in this state created.  Hope nobody on HW is one.  When we cant even drive our vehicles who is gonna get the blame???  Natural progression of laws and regs.  Or close/destroy roads?  WAIT that's already happening isn't it?  Carbon tax?  Hmm.  I guess I will support all laws that benefit me in my individual recreation while empowering the same laws to later screw me and others as well.  Not smart.  No thanks, I will stand for everbodies rights to use lands in their activity.  So don't worry I wont complain if you are breaking a rule.  I will mind my business and try to stay within the rules.  Your welcome.  To bad people don't do more of that.

[kellama2001]

I don't want to participate in any drama, but I do see atv riders as the pariah of the hunting community. Personally I hunt on foot and atv for recreation. But this state keeps taking away recreational opportunities and it's getting harder and harder to find places to ride. Conconully was the last best place I knew of and now Okanagan county is being forced to close roads to perform some bs environmental study before reopening them? The entire state of Idaho is atv friendly, as are montana, south Dakota and other states, and they have been for years. Don't you think if atvs had a negative environmental impact they would have proven it by now? I think this is is nothing more than the greenies having a louder voice and our state trying to take away freedoms as usual. Those of you opposed to atv land use are going to wake up too late to realize that this is just the first step to more land use freedoms that will be stolen, until the public land becomes the King's Forrest and none of us will be allowed to use it at all. 

[hunter399]

I will say that it is proven that locked gates and closed roads have better hunting , when you walk in your expecting that , to have atv driving by is not right ,sometimes I confront them,sometimes say nothing,sometimes they turn around and leave knowing that there not allowed in there.In my two cents they need more enforcement and stiffer ticket fees for people that don't follow rules,rules have change from 20-50 years ago that's how it is.If your gonna ride atv behind the gates ,why don't you just bust the gate open for everybody ,nobody wants to do that because they want to get to good hunting and less people.We need more enforcement, and higher fines,maybe loss of hunting rights for a few years ,would stop some of this,and yes I do own atv , but rarely use for hunting,stays at home for plowing snow etc.

[kellama2001]

People keep bringing up running into atvs behind closed gates. That's not the issue being discussed, we're talking about open roads that are used by vehicles and that used to be open to atvs in certain areas, that are now being closed to atvs, but still open to vehicles. Yes it sucks seeing an atv ride through what took you 2 hrs to hike to, and yes, that violation needs to be enforced. But we don't need to close atv access to open roads that vehicles already have access to. It's ludicrous and nothing but a power grab by the state

[hunter399]

Atv ridders need to stay on roads and trails,i don't think they can even enforce a atv being on a road that you can drive a vehicle is allowed to drive on.I think a judge would have to let you go on that.And if was the case , then just drive your truck I guess ,tear the road up even more with it ,it's legal that way. The only reason I bring up closed gates is that is the biggest problem in my county with atv ,all county roads we allowed to use atv,paved,dirt ,dosent matter,tear up banks,make your own trail,doesn't bother me at all in till your behind locked gate .

[kellama2001]

I think we're agreeing and saying the same thing. As a "boots" hunter, I don't agree with atvs behind the locked gates. Myself and the group I ride with stay on marked trails and legal roads. Nobody I know is trying to tear up the banks, mudbog, or make their own trails.  I'm sorry you're having to deal with d bag's that don't follow the law, but this thread is about county roads 35mph and less that are remaining open to vehicles but closing to atvs. They can and are enforcing atv use on those roads. A judge wouldn't have to let you go on that, if it's closed to atvs it's closed. End of discussion. But you're absolutely right, atvs behind closed gates should not be tolerated....but the answer is not limiting the already legal use of atvs because of the idiot minority. Again, just my 

[Mudman]

Finally some smart responses.  Thank you.  Agreed.  Just keep in mind a lot of those roads used to be open and free years ago.  Now they are not and here we are. That's the freedom lost and the result is people argue over who can use it and how and how much it costs instead of standing together and fighting for what we all lost.  Like a bunch of school children whining to teacher that little Jonny got more recess time.  Someday we will take NW Trek tours of our public lands to be dropped off to insure pristine land for eons to come.  Like the garbage slough/salal ? doesn't grow back?  Enough is enough.  Ride your truck/car/van/horse/atv/bike I don't care, just be respectful.

[fireweed]

They didn't close the roads...they reversed a rule that didn't consider environmental impacts. Now they will, the sepa studies will be done, and the roads will re-open.I quite frankly see this as a non-issue.

This is how the process works, but the Anti-ATV'ers hope the county doesn't have the funds or patience to follow through with the studies.  They win by causing more tax money to be wasted on a SEPA/NEPA/EIS even though pretty much everyone knows the answer is "no significant impact"  for legal use of ATV's on roads.  These studies are all a waste of money and a process hurdle used as a weapon by the against crowd. 

[KFhunter]

The gates are so bad and the temptation so great to drive around them I simply quit using my ATV for hunting.   

I go down a road I've used for years and all the sudden there's a new gate where I've never seen one before and an ATV trail going around it I just can't handle the temptation.   The ATV stays home now - I get so peeved when I come across a new gate on public lands.

Now I park the truck somewhere on the legal side of the gate and walk past then dive off on foot down a ravine to hunt while ATV's sail past above on the illegal portion of the road.



Won't be long before ATV's are banned on public lands    I think it sucks that ATV's are prohibited while trucks can still go, I know I won't be tearing up any hillsides yet some other jackwagons did so I cannot enjoy riding my ATV.   


I dunno, I just think ATV's are on the out - I'm going back to horses.

[Mudman]

True.  I just feel it continues and trucks and horses will be next.  People will complain they hiked miles only to be passed by a stinky horse rider pooping weed seeds of non native flora and tearing up the vegetation.  Walking in the wetlands etc.  That's my point...  And like you said the gate wasn't there before...  But people whined...  Divide and conquer once again... Lil Jon had a longer recess again.  Its all a plan and most are too selfish or ignorant to see it.  They continue to win and we all lose.

[Griiz]

Atv ridders need to stay on roads and trails,i don't think they can even enforce a atv being on a road that you can drive a vehicle is allowed to drive on.I think a judge would have to let you go on that.And if was the case , then just drive your truck I guess ,tear the road up even more with it ,it's legal that way. The only reason I bring up closed gates is that is the biggest problem in my county with atv ,all county roads we allowed to use atv,paved,dirt ,dosent matter,tear up banks,make your own trail,doesn't bother me at all in till your behind locked gate .

If it is a dnr gate (usually yellow) and not posted no motorized vehicles, than it is ok to have an orv on it.