Ashley Hintz

November 13, 2009

On November 3, the Vermont Legislative Committee on Administrative Rules listened to debate on the Vermont Agency of Natural Resources' recently proposed rule, which would allow All-Terrain Vehicle (ATV) use on state lands. Currently, Vermont prohibits ATV use on all state and federal lands within its borders. However, there are over 600 miles of trails within the state on private lands, managed by the Vermont All Terrain Vehicle Sportsman's Association (VASA) through agreements with the Agency of Natural Resources and Department of Forests, Park and Recreation. The proposed rule would allow VASA to connect some of its already-existing trails by developing new trails on state lands. The proposed rule limits this project to only three tracts of public land for a one-year trial period, with the possibility of expansion (in terms of miles of trail and in time) if the trial period proves successful.

The idea of opening up state lands for ATVs began in 2003, when VASA began lobbying for further development of the ATV program in Vermont. These initial efforts culminated in the ATV Collaborative Report and Recommendations, Convened by Governor Douglas on December 22, 2004. This report took notice of the increased popularity in ATVs over the past decade, and the limited availability for legal ATV use. This has resulted in increased illegal riding, which has caused damage to private property and to the environment. One of the purposes of opening up public land to ATVs is to prevent this illegal riding, and thereby better manage where the riding occurs and address any environmental effects.

The final proposed rule was released in October 2009, and was met with criticism at the latest hearing on November 3. Vermont attorney Kevin Leahy told legislators that the Agency of Natural Resources might not have the legal authority to allow ATVs on state land. He said that the Agency's proposal was "the most egregious example [of circumventing the legislative process] I have seen." The only governmental body with the authority to permit ATVs on public land is the legislature, he argued.

The Agency of Natural Resources disagreed, citing their statutory authority to administer state lands and the recent approved statute change allowing VASA trail-building funds to apply to public land.

The Vermont Legislature has until December 2009 to determine whether the Agency of Natural Resources acted within their authority in proposing the rule. If they determine that the Agency had acted within their authority, ATV use could legally occur on specified public lands as soon as 2010. If they determine that the Agency acted beyond their authority in proposing the rule, the process will have to start over, going through the full legislative process until possibly becoming law. This may be trouble, as some Congressmen have already spoken out against ATVs on state land, such as Representative Klein of East Montpelier, who promised to introduce an ATV ban if necessary.

Many risks come with expanding the areas of ATV use. However, it is possible that many of these risks would occur whether or not the proposed rule is passed, and that allowing ATV users more legal areas to ride in would prevent illegal riding elsewhere. Opinions are strong on both sides of the debate, and the only thing for certain is that whichever way the legislature rules, this debate is long from over.

Sources:

23 V.S.A. § 3506 (2009).

23 V.S.A. § 3513 (2009).

www.vtvasa.org/about.php#History

Terri Hallenbeck, Vermont Hears ATV Proposal, Burlington Free Press, Nov. 4, 2009.

Louis Porter, Legal Roadblock Raised on New ATV Rule, Times Argus, Nov. 4, 2009.

All-Terrain Vehicles in Vermont: The Outdoors has Room for All who Love it Responsibly. ATV Collaborative Report and Recommendations, Convened by Governor Jim Douglas Dec. 22, 2004, available at http://www.leg.state.vt.us/reports/2004ExternalReports/ATVReport.pdf.

Rule Governing the Establishment of All-Terrain Vehicle Use Trails on State Land, 09P-029 (proposed Oct. 20, 2009).